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Perry A. Zirkel; Mitchell L. Yell – Exceptional Children, 2024
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…
Descriptors: Individualized Education Programs, Students with Disabilities, Court Litigation, Equal Education
Sugita, Trisha; Busse, R. T.; Aryadad, Abraham H. – Contemporary School Psychology, 2023
The 2017 Supreme Court ruling in "Endrew vs. Douglas County" charged educators to provide evidence toward the attainment of Individual Education Plan (IEP) goals beyond "de minimus" educational benefit. The purpose of this article is to present two methods that may be useful for supporting IEP teams in evaluating progress…
Descriptors: Court Litigation, Students with Disabilities, Individualized Education Programs, Evaluation Methods
Yell, Mitchell L.; Prince, Angela M. T.; Katsiyannis, Antonis – Intervention in School and Clinic, 2022
Five days after the U.S. Supreme Court handed down its ruling in "Endrew F. v. Douglas County School District," the U.S. Court of Appeals for the Ninth Circuit issued a decision in "M.C. v. Antelope Valley Union High School District." This important decision involved a student who was being served under the Individuals with…
Descriptors: Court Litigation, Special Education, Students with Disabilities, Individualized Education Programs
Zirkel, Perry A. – Communique, 2022
The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…
Descriptors: Special Education, Educational Legislation, Equal Education, Students with Disabilities
Fisher, Karin M.; Willis, Cassandra B.; Ransom, Barbara E. – Journal of Special Education Apprenticeship, 2020
In 2017, the Supreme Court of the United States redefined Free and Appropriate Public Education (FAPE) for students with disabilities (SWD) in "Endrew F. v. Douglas County School District." The Court's new standard for FAPE was more demanding than previous rulings. Parents of SWD are expected to participate in the special education…
Descriptors: Court Litigation, Parents, Students with Disabilities, Individualized Education Programs
Angela Tuttle Prince – Research and Practice for Persons with Severe Disabilities, 2024
A transition-aged youth with an individualized education program has the right to free, appropriate public education that includes postsecondary transition planning and services. The documented transition supports need to meet both procedural and substantive requirements. While many court cases have included transition components, few have been…
Descriptors: Childrens Rights, Individualized Education Programs, Individualized Transition Plans, Postsecondary Education
Chase, Alan Anthony – Journal of Visual Impairment & Blindness, 2022
Introduction: This study examined potential legal precedent set by holdings in administrative due process hearings where instruction in the expanded core curriculum (ECC) for school-age children was decided. Methods: This study used an analogical reasoning approach. This legal research method includes examining the rule of law, presenting cases…
Descriptors: Core Curriculum, Court Litigation, Individualized Education Programs, State Legislation
Zirkel, Perry A. – Exceptionality, 2022
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…
Descriptors: Legal Responsibility, Progress Monitoring, Educational Legislation, Federal Legislation
Mitchell L. Yell; M. Renee Bradley – Exceptionality, 2024
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…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Barnett, Juliet E. Hart – Phi Delta Kappan, 2022
The prevalence rate of autism spectrum disorder (ASD) has grown dramatically, and the Individuals with Disabilities Education Act (IDEA) requires educators to use evidence-based practices to improve academic and/or behavior outcomes for children with ASD. There is definitive scientific evidence regarding the effectiveness of applied behavior…
Descriptors: Autism, Pervasive Developmental Disorders, Applied Behavior Analysis, Intervention
Zirkel, Perry A. – Communique, 2022
For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…
Descriptors: Educational Legislation, Students with Disabilities, Equal Education, Federal Legislation
Sayeski, Kristin L.; Bateman, David F.; Yell, Mitchell L. – Intervention in School and Clinic, 2019
The Supreme Court decision in "Endrew F. v. Douglas County School District" (2017) established a higher standard of what constitutes an appropriate education for students receiving special education. In contrast to the previous standard provided in the "Board of Education v. Rowley" (1982) decision, which established that…
Descriptors: Preservice Teacher Education, Court Litigation, Special Education Teachers, Teaching Skills
Yell, Mitchell L.; McNamara, Scott; Prince, Angela M. T. – TEACHING Exceptional Children, 2021
The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student's individualized…
Descriptors: Students with Disabilities, Adapted Physical Education, Individualized Education Programs, Equal Education
Zirkel, Perry A. – Journal of Special Education Leadership, 2021
The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…
Descriptors: Tuition, Federal Legislation, Educational Legislation, Equal Education
Zirkel, Perry A. – Communique, 2020
In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIP) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act (2017) makes no mention of FBAs or BIPs, and the Individuals with Disabilities…
Descriptors: Functional Behavioral Assessment, Positive Behavior Supports, Individualized Education Programs, Legal Responsibility

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