The 2014 U.S. Centers for Medicare and Medicaid Services "Settings Rule," which took effect in 2023, restricts Home and Community Based Services funding for adults with intellectual disabilities to small integrated settings and person-centered supports. The Settings Rule responds to the fact that community services, mandated by the…

The importance of physical activity has received considerable attention during the past decade. Physical education has been viewed as a cost-effective way to promote physical activity as a public health initiative. In fact, the Centers for Disease Control and Prevention recommends that a "substantial percentage" of students' overall…

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…

The current study examined teacher-reported asthma management practices in school and adherence to federal guidelines for students with asthma. 593 kindergarten-eighth grade teachers completed surveys regarding compliance with federal laws and policies, information-seeking behavior, asthma-related professional development, and asthma management…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

In this issue, Professor Perry Zirkel argues that the points presented in the Dixon, Eusebio, Turton, Wright, and Hale treatise of the Forest Grove School District v. T.A. Supreme Court case confuses "legal requirements with professional norms." Although we appreciate Zirkel's acknowledgment that our position reflects the professional…

This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…

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,…

Federal allocations for special education programs are below 10% whereas the federal contribution to state medicaid programs ranges from 50-80%. Third-party billing provides a more equitable distribution of the costs among federal, state, and local governments, in addition to including private-sector contributions. (MLF)

If extended school year (ESY) programming is required in order for the student with disabilities to receive an appropriate education, school districts must make the necessary provisions. Reviews court decisions. (31 footnotes) (MLF)

The number of students with disabilities pursuing higher education is increasing; therefore, faculty and administrators have a growing need to understand their responsibilities in preventing discrimination against this population (Gamble, 2000). The purpose of this article is to articulate disability legislation mandates and applications to…

Analysis of 214 Individualized Education Programs for students with behavior disorders assigned to public school resource, self-contained, and cross-categorical and residential/institutional special education programs found many lacked mandated components and contained discrepancies between annual goals and present performance levels across age…

A federal statute provided that parents may use the judicial process to challenge educators' decisions. Describes the intent of legalization; how reaction to an adversarial system led to the use of mediation in most states; and why this alternative model is not appropriate for resolving education questions. (MLF)