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…

Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…

The purpose of this study was to examine rulings of Pennsylvania hearing officers in cases that addressed procedural denials of a FAPE and provide recommendations to school districts. In order to develop recommendations, an examination of the 50 most recent due process cases occurred. The study examined the procedural regulation mentioned in the…

In this study, the researcher analyzed survey responses from 67 Pennsylvania attorneys with experience in special education litigation and reviewed one year of Pennsylvania special education due process hearing decisions to determine the issues that prompt parents to seek legal counsel in special education disputes, the issues that counsel…

Given their pivotal position, school psychologists have understandable concerns about the possibility of becoming the target of the relatively frequent legal proceedings under the Individuals with Disabilities Education Act (IDEA). Indeed, the threat of litigation can contribute to a flight from the profession (Lange, 2011). Yet, an informal…

A decision of the Pennsylvania Supreme Court set a binding precedent which classifies gifted and talented students as exceptional children and requires that resources already in place within school districts be made available to develop individualized education programs for gifted students. (JDD)

This bulletin explores the current status of federal and state, especially Pennsylvania, legislation and recent court decisions pertaining to gifted education. It notes the existence, at the federal level, of only one law related to gifted education, the Jacob Javits Act of 1988 which, however, does not mandate the creation of special programs and…

In "Centennial School District v. Commonwealth" the Pennsylvania Supreme Court ruled that the school district only had to provide individualized instruction to the gifted student within the district's present curriculum. The decision can be cited as persuasive authority in the 25 states that have mandatory gifted education statutes. (MLF)