In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…

The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…

Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…

This chapter describes possible effects of the 2017 "Endrew F." Supreme Court decision that raised the "de minimus" standard established in 1982 in "Board of Education of the Hendrick Hudson School District v. Rowley." In Rowley, the court held school districts provided an appropriate education to students with…

The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…

The process of providing students with disabilities access to an education that is of appropriate quality is still a relatively new endeavor. Students with disabilities benefit from the support of family, educators, and many other professionals addressing the inequality that is faced in school. Ultimately, progress has been achieved from…

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…

Author Michael Wehmeyer began his career in special education shortly after the passage of the 1975 Education for All Handicapped Children Act (which later became the Individuals with Disabilities Education Act, or IDEA). In those early days, he recounts, students with disability were mostly segregated from other children, and many of the adults…

The purpose of this study is to investigate the perceptions K-12 principals and teachers have of inclusive education in a school district in western Pennsylvania school district. The dependent variables are the teachers' and principals' perceptions of inclusion and the independent variables are years of educational experience, extent of special…

This Practice Brief was developed as a result of the roundtable dialogue that occurred at the 2019 Positive Behavioral Interventions and Supports (PBIS) Leadership Forum in Chicago, Illinois, and is not intended to provide comprehensive legal guidance. Districts/schools should consult with their district's legal resources for deciding on legal…

One of the stated purposes of this Special Issue is to "discuss when and why intelligence has disappeared" in education. In this paper, I argue that intelligence is still heavily involved in public education in the United States due to the Individuals with Disabilities Education Act. Moreover, due to several factors, including…

In 2017, the U.S. Supreme Court provided a ruling regarding what constitutes an appropriate education for students with disabilities in "Endrew v. Douglas County." The case concerned a student with autism, and we use it to offer schools and families autism-related recommendations for practice and policy. We analyze the legal history of…

As mandated by federal law, all students with a disability who qualify for special education and related services must be provided a free appropriate public education (FAPE). With ongoing changes to statutory definitions and legal interpretation of what constitutes a FAPE under the Individuals with Disabilities Education Act (IDEA, 2004), it can…