School Law and Special Education Law

Attorney David Bunger a school psychologist and a practicing attorney understands the intricacies of school settings and has extensive experience with school policies and procedures.

School Law/Education Law and Special Education Law
School Law is a specialized area of the law, involving unique rules and regulations under both state and federal legislation. The attorneys at Bunger & Bunger have knowledge and expertise in the areas of school law, education law and special education law. Attorney David Bunger, also a Licensed Specialist in School Psychology (LSSP) has worked for over ten years in various Texas school districts as a school psychologist. Mr. Bunger is fully versed in the policies and procedures implemented in Texas public schools.
 

IDEA: The Law of the Land
The Federal legislation known as the Individuals with Disabilities Education Act (IDEA) requires public schools to provide a Free and Appropriate Public Education (FAPE) to all children with disabilities. This is a far more complicated task than one might assume. Most people would share in their understanding as to what “free” and “public” mean in terms of IDEA as applied to FAPE. However, we tread through muddy waters when attempting to fully understand and appreciate what is meant by the words “appropriate” and “education.”

An “appropriate” education as applied to those who have disabilities includes specially designed educational programming or instruction that specifically addresses the educational needs of the child. This may include placement changes, such as instruction in a specialized classroom, such as a resource room or content mastery assistance. The content of the course may also be changed to meet the current level of the child while seeking to improve the child’s overall success throughout the academic year. A simplistic way of thinking about the scope of IDEA as applied to FAPE is to think of education as a sport, such as soccer. In regards to other legislative protections like Section 504, which levels the playing field of children with certain impairments, IDEA through special education services can create an entire stadium specifically engineered for the unique needs of the disabled child. At the core of the instructional program designed for the child with disabilities is the mandate that the program must confer some educational benefit to the child.

An issue that is often involved in heated debate throughout this country is the meaning of education. Many understand education to be a progression through the grade levels of a public or private school system, in which the basic subjects are taught. Having completed the progression through the grade levels a high school diploma is earned. However, for some individuals education is not quite so simple. A child with Downs Syndrome, for example will not be able to progress through the grade levels at the same rate and mastery of other students, who do not have Downs Syndrome. Rather, they will need much more intensive training, such as vocational skills. These children, and others who have severe disabilities cannot successfully access regular education curriculum. They must have an educational program designed to address their needs. That is, the school must design a program that conforms with the child’s educational need rather than demand that the child conform to the schools educational program. This is where IDEA and special education comes in.