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…

Several recent court decisions provide ammunition for fighting over-identification of students who have impairments (like Attention Deficit Disorder) but who fail to meet the remaining eligibility requirements under Section 504 of the 1973 Rehabilitation Act. Distinguishing between Section 504 and IDEA requirements is crucial. (MLH)

In reversing an expulsion order for a high-school student suffering from (undiagnosed) ADD, a federal district court judge has limited schools' ability to punish students with disabilities for serious offenses like vandalism. Nondisabled culprits escaped expulsion by withdrawing from school. All three boys were criminally prosecuted. (MLH)

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

Discusses the case of an 8-year-old boy with Attention Deficit Hyperactivity Disorder, problem behavior, and good grades, who was denied eligibility for special education under IDEA's "other health impaired" clause and Section 504. The court "ducked" on the parent's second claim concerning level of services available under…

Compared to students from affluent public and prep schools, few inner-city students receive extra time or other accommodations when taking high-stakes tests. The growth in "false positives" among affluent youth may partly stem from nonspecific definitions under the Individuals with Disabilities Education Act. Fairness is being…