The Individuals with Disabilities Education Act (2004) entitles students who qualify for special education services to a free and appropriate education (FAPE) across all public education settings, including juvenile justice (JJ) facilities. JJ facilities have disproportionately higher rates of students with disabilities, who tend to experience…

Confusion among stakeholders regarding some aspects of the special education process--chiefly the triennial reevaluation--leads to misapplication of rules across districts and states based on interpretations of informal lore-based reasoning. Local education agencies (LEA) can determine that no additional data are needed and advise parents to…

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…

This manuscript presents findings from a study of the contributing factors and details of special education due process hearings in the United States that involved students with emotional and behavioral disorders. The study examined 101 due process hearings conducted over a three-year period in a five-state sample: California, Illinois,…

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…

In this qualitative comparative case study, we drew from institutional theory and cultural historical activity theory to explore how educators wrote, used, and conceptualized the role of Individualized Education Programs (IEPs) for students with specific learning disabilities within secondary inclusive settings. We found that students' IEPs were…

Over the last four decades, legislative mandates have increased both educational opportunities and accountability measures for students with identified disabilities in the public school setting. The intertwined relationship between those mandates and the processes used to monitor the progress of a student's individualized goals is complex. This…

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…

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…

This guide is intended to help Pennsylvania parents of preschool children with special needs to understand their rights and assist in the design of an appropriate early intervention preschool educational program. An overview of special education laws focuses on the Individuals with Disabilities Education Act, Part B. The main sections of the guide…

This guide, in Spanish, is intended to help Pennsylvania parents of preschool children with special needs to understand their rights and assist in the design of an appropriate early intervention preschool educational program. An overview of special education laws focuses on the Individuals with Disabilities Education Act, Part B. The main sections…

This manual is designed to help Pennsylvania parents of children with disabilities learn how the special education system works in Pennsylvania and how they can make it work for their child. This revision of the manual incorporates changes made to the Individuals with Disabilities Education Act (IDEA) in 1997 and the regulations issued in 1999 to…