Literature Reviews

You have now selected an ARP topic. (Topic attached) Option 2 ARP… law review article, you may continue to research in secondary sources but should limit your research to law review or other peer-reviewed journals, Restatements of Law, and minimal electronic media/Internet sources. No inclusion of legal encyclopedias, legal dictionaries, legal thesauruses is appropriate at this stage of the ARP, unless the definition is part of the legal dispute (e.g., dispute over defining a litigants role in the series of events that gave rise to litigation or where a court opinion may also cite to such a secondary source). You will complete an Evaluation Form for each primary authority/source(s)s of law and secondary sources, as listed below. Please type your answers. 2. Maximum Number of Points for this Assignment. You may receive up to 85 points for Literature Review No. 2. You will complete an Evaluation Form for each of the following: (equal 85 points) Primary Authority Source(s)/Law: Constitution/Statute/Regulation governing your legal issue. (Up to 10 points for each) Court Opinion/Decision on your legal issue from the governing jurisdiction, including from the highest court and any intermediate/appellate courts that have ruled on the issue/precedent) with accompanying Case Briefs. (Up to 25 points for each) Secondary Source(s) : Commentary on the legal issue you are interested in, in the form of: (1) a law review article or other peer-reviewed scientific journal (finance, psychology, etc.), minimum of 20 pages; (2) American Law Reports (ALR) annotation(s); (3) Restatements of Law; (4) treatises; or practice materials (i.e., jury instruction guide). (Up to 25 points for each) Electronic Media/Commentary: Substantive electronic media/Internet article(s), that address any primary authority governing your legal issue (i.e., a statute, or multipage case with a Courts decision). (Up to 5 points for each) Topic: Who Is the Parent Under IDEA? Educational Decision-Making Authority for Children in Foster Care This topic considers the legal issues of the educational decision-making rights of children in foster care under the Individuals with Disabilities Education Act (IDEA). IDEA requires a legally established parent to be included in the process of making decisions related to the evaluations, eligibility, Individualized Education Programs (IEPs), and a placement. In the case of foster children, though, the role of the correct decision-maker is usually in doubt because of the presence of both the biological parents, foster parent, child welfare agencies, courts, and court-appointed guardians. The federal regulations allow the use of surrogate parents, but there is often a delay and inconsistent application. The effect of this ambiguity is often delayed appraisals, inadequate development of IEP and disruption of special education services. Consequently, there is a higher likelihood of foster youth with disabilities being deprived of their statutory entitlement to Free Appropriate Public Education (FAPE), especially at times when parents are in the process of litigation over their rights to child custody. The relevance of this problem is that the unequal treatment of foster youth compared to other jurisdictions is the result of differing interpretations of the definition of parent in IDEA. The rankings of the rights of the biological parents and the practical educational needs of the state-held children are different in courts and states.