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…

When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…

Students who are eligible for special education and related services are entitled to a free appropriate public education (FAPE), which is delineated by the Individualized Education Program (IEP). The purpose of this descriptive study was to examine 133 IEPs from seven rural districts that were interested in evaluating their compliance with state…

After 25 years, because of a change in state law California returned the responsibility for providing mental health related services to students receiving special education from county mental health departments to local education agencies. The study is secondary analysis of survey data that focuses on understanding how the change affected the…

Given that parental participation is such a critical feature of IDEA (20 U.S.C. § 1400[c][5][B]), the question of who is a parent often presents a challenge. Specifically, with regard to educational decisions, states may include more options under the definition of a parent than those provided in the Individuals with Disabilities Education Act…

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…

In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…

This article takes up the question of equity, access, and cyber charter schools from the perspective of disability studies in education (DSE). DSE positions inclusion and educational access as social justice concerns. In doing so, we assert the importance of making visible the social justice implications of the current laws that impact cyber…

The school psychologist plays a central role in eligibility and other determinations under the Individuals with Disabilities Education Act (IDEA) not only at the school level but also, upon formal disputes, at the successive adjudicative levels of impartial hearing officers and courts. One of the sources of professional confusion that requires…

Although schools have made great strides educating students with disabilities in mainstreamed academic classrooms, some advocates and physical educators say sports programs and physical education classes are the final frontier for full inclusion in public schools. In the past few years, advocates for such students have been demanding greater…

New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate. The state's action, which follows a similar move by New York state in August, is considered a success by parents and advocacy…

On November 14, 2005, the U.S. Supreme Court announced its decision in "Schaffer v. Weast." This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and…

Discusses state and federal efforts to improve the skills and knowledge of special-needs students, including opportunities to move to postsecondary education. Describes accommodations, measuring and reporting yearly progress, transitions, and cost. (PKP)

The article considers such issues as the individualized education plan, due process procedures, the least restrictive environment, parent participation, annual reviews, and allocation of federal support. Recent setbacks caused by cutbacks at the California and national level are cited as a result of more recent state and federal rulings. (SB)

Evidence from Arizona and other states demonstrates that children with disabilities lack equal access to charter schools. Charter school operators are avoiding potentially high-cost students and are unprepared to meet their needs. Charter schools need to strike cooperative resource-sharing arrangements with neighboring districts. States must…