The 2014 U.S. Centers for Medicare and Medicaid Services "Settings Rule," which took effect in 2023, restricts Home and Community Based Services funding for adults with intellectual disabilities to small integrated settings and person-centered supports. The Settings Rule responds to the fact that community services, mandated by the…

The importance of physical activity has received considerable attention during the past decade. Physical education has been viewed as a cost-effective way to promote physical activity as a public health initiative. In fact, the Centers for Disease Control and Prevention recommends that a "substantial percentage" of students' overall…

This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…

The current study examined teacher-reported asthma management practices in school and adherence to federal guidelines for students with asthma. 593 kindergarten-eighth grade teachers completed surveys regarding compliance with federal laws and policies, information-seeking behavior, asthma-related professional development, and asthma management…

This dissertation examined the Individuals with Disabilities Education Improvement Act (IDEA, 2004) noncompliance complaints filed against school districts in commonwealth states with noncompliance determinations. To achieve the intent of this study, a content analysis of IDEA noncompliance determinations made by the participating state…

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…

The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

In this issue, Professor Perry Zirkel argues that the points presented in the Dixon, Eusebio, Turton, Wright, and Hale treatise of the Forest Grove School District v. T.A. Supreme Court case confuses "legal requirements with professional norms." Although we appreciate Zirkel's acknowledgment that our position reflects the professional…

This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…

States and school districts receive funding through ESEA, IDEA, and national school meals programs. Some requirements for these programs are intended to help ensure program integrity and transparency, among other purposes, but questions have been raised about whether some federal requirements place an undue burden on states and school districts.…

All students, including students with disabilities, participate in state accountability systems. Most students with disabilities participate in the regular assessment, with or without accommodations. Students with more significant cognitive disabilities participate in the alternate assessment based on alternate achievement standards (AA-AAS). A…

All students, including students with disabilities, participate in state accountability systems. Many students participate in the regular assessment, with or without accommodations, but some students may require participation in an alternate assessment to demonstrate their knowledge and skills. Students with more significant cognitive disabilities…

This document presents a five-step process for schools, districts, and states to use in monitoring accommodations for instruction and assessment. This document was designed to be a companion to the "Council of Chief State School Officers' Accommodations Manual: How to Select, Administer, and Evaluate Use of Accommodations for Instruction and…

All students, including students with disabilities, must be included in state accountability systems as required by law. In April 2007, federal regulations provided states the flexibility to offer another assessment option--an Alternate Assessment based on Modified Achievement Standards (AA-MAS) for some students with disabilities. The AA-MAS is…