A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

In the spring 1995 "JLE" issue, Bruce Meredith and Julie Underwood posited that regular and special education have developed fundamentally different paradigms that hinder cooperation. James Tucker and Jeffrey Champagne responded that regular/special education's conflict over resources is decreasing. Thomas Kuhn would argue that…

An annotated outline provides recent case law in special education since the last update in volume 56 of this journal. Based on the 1990 amendments to the Education of the Handicapped Act (EHA), references are in the form of the acronym for its new title, the Individuals with Disabilities Education Act (IDEA). (MLF)

Recounts the case of Lauren, a moderately disabled student suspended for disruptive, aggressive behavior before the Individuals with Disabilities Education Act was amended. The Seventh Court of Appeals upheld the suspension. The majority of such cases have gone against districts, reflecting a relatively high judicial standard of dangerous…

This review of case law on aversive interventions for students with disabilities identifies legal boundaries and protections for students in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. It finds that, despite the emergence of positive interventions, qualified support for aversive interventions…

Although disabled students in two major cases have won inclusionary placement in regular classes, numerous other "full inclusion" cases recently were decided in school districts' favor. This article provides a recent illustrative case (a disruptive student with ADHD and Tourette Syndrome) and a question/answer discussion about…

Updates a 1993 article describing two successful full-inclusion cases involving disabled students. In a 1994 case, a disruptive junior high student with Attention Deficit Hyperactivity Disorder and Tourette Syndrome was placed temporarily in an off-campus, self-contained program. The Ninth Circuit Court affirmed the trial court's decision…