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…

To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

Individualized education programs are considered the cornerstone of the Individuals With Disabilities Education Act and serve as the means to determine whether qualified students with disabilities receive a Free Appropriate Public Education. This article aims to examine a recent circuit court ruling regarding the applicability of retrospective…

The originators of special education law anticipated disputes and provided due process hearings as a means to settle the disputes. However, due process proved to be unfair, costly (financially and emotionally), and destructive to school-family relationships. Years later, lawmakers offered mandated mediation along with resolution meetings in…

Representing a sequel to a similar case law snapshot in mid-2010, this article provides an updated overview of the judicial and administrative case law concerning students with traumatic and nontraumatic brain injury in the P-12 school context. The scope is limited to cases under the Individuals with Disabilities Education Act and the pair of…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…

Inclusion of students with disabilities, especially those with mental retardation, has come to mean the placement of all students in general education classrooms, sometimes with limited planning for the individual needs of each student. Several court cases, laws, and movements have brought about the level of inclusion that exists today. However,…

This paper reviews the Supreme Court's Zebley decision which expanded the definition of disability in young children by including functional equivalence; compares regulations and practices under the Social Security Administration and Part H of the Individuals with Disabilities Education Act; and offers guidelines concerning the intent of the law,…

The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA…

The paper reviews judicial rulings regarding labeling, due process in placement, and right to education for handicapped students with emphasis on the hearing impaired. Statutes and regulations guaranteeing rights to the handicapped are discussed. The issues surrounding the individualized education program and the least restrictive environment…

The paper review Florida's use of the individualized education program (IEP) in addressing discipline issues with behaviorally disordered students. The impact of court rulings on school discipline policies and procedures are examined. IEP components and development are reviewed, and inclusion of disciplinary procedures in the IEP is considered.…

This article explicates the current legislation, case law, and administrative law governing the discipline of students with disabilities. Guidelines are offered that divide disciplinary procedures into three categories: permitted, controlled, and prohibited. The role of the Individualized Education Program team in planning proactive disciplinary…

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…

The paper analyzes issues in bilingual special education and identifies knowledge gaps in the provision of appropriate education to exceptional minority students. The legal bases of bilingual education and special education are reviewed and the intersection of legal issues in bilingual special education is noted. Definitions of the population are…