The implementation of prereferral models was being discussed in educational literature as early as 1979. Over the past decade, schools in the United States have begun to adopt prereferral models to meet multiple goals, such as reducing inappropriate referrals to special education, supporting students who face academic and behavioral challenges,…

The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

This study investigated teachers' experiences and perspectives on the identification of and educational support for students at risk for disabilities. Three focus groups with general education teachers and four with special education teachers were conducted. The interview data were analyzed using grounded theory methodology. The results, based on…

Despite decades of research on racial disproportionality in special education, the underrepresentation of Asian Americans in services tends to be overlooked in policy and practice. Underrepresentation, however, raises the possibility of similar concerns about misidentification, bias, and racial inequality within schools as overrepresentation. Yet,…

A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…

Approaches consistent with a Response to Intervention (RTI) framework are becoming increasingly prominent. The present study is a preliminary investigation aimed at gaining a greater understanding of educators' knowledge of RTI and application of RTI principles. It serves as the first step toward understanding educators' preparation to implement…

Underidentification of students with emotional and behavioral disorders (EBD; emotional disturbance or ED in federal language) is a critical issue, perhaps explainable in part by causal attributions of problem behavior associated with conservatism. Conservatism in 58 counties in the state of California was measured by finding the percentage of…

This study examined the educational environment placement and educational outcomes of students identified as having an emotional disturbance (ED). The sample was drawn from special education enrollment data for students aged 6-21 years in the 50 states and Washington, DC in 2010. Additional economic and demographic state-level variables were…

This article explores the many issues involved in establishing the diagnosis of intellectual disability in a so-called Atkins (death penalty exemption) hearing. Among the issues addressed are the need to go beyond IQ scores in establishing intellectual deficits, the need to go beyond rating scores in establishing adaptive behavior deficits, the…

The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 makes significant and controversial changes to the Individuals with Disabilities Education Act (IDEA). Two very significant changes in this law are provisions that (a) allow school districts to spend up to 15% of their IDEA Part B funds on early intervening services in…

The civil rights movements involving skin tone, gender or gender orientation, disability, and other physiognomic features remain important in securing the legal rights of individuals to equal treatment and equal opportunities regardless of their personal characteristics of color, origin, gender, and so on. Unfortunately, these welcome civil rights…