For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…

This article reports on a case that resulted in a published court decision which illustrates a dilemma at the intersection of the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA). On first impression, the finding that teachers were operating based on professional principle seems to validate their actions.…

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…

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 article discusses how the Individuals with Disabilities Education Act (IDEA) encourages educational reform if that reform is guided by research and improves special education for children with disabilities and examines how the IDEA discourages educational practices that minimize the individual needs of the disabled through standardization of…

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,…

Forest Grove School District v. T.A. involved a student with learning disabilities, Attention Deficit/Hyperactivity Disorder (ADHD), and depression (T.A.) whose parents had moved him to a private academy for students with special needs without first consulting with his public school. In the past, the school district had found T.A. to be ineligible…

Mentally retarded individuals are often stigmatized and segregated, though constitutional guarantees in many countries promise them equality. Use of the U.S. court system to secure these guarantees, resulting in deinstitutionalization, individualization of services, and increased employment opportunities, is analyzed and contrasted with the…

A court case involving a student classified as a child with a disability and her battle to be named valedictorian of her graduating class. Questions the district's determination that this gifted student needed special education and the grade inflation indicated by undue competition for the extra thousandth of a point GPA. (Contains 11 references.)…

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

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…

Examines two cases, both involving hearing-impaired students. In each situation the student's parents had requested the services of a sign language interpreter for all classes at a parochial school. Emphasis is placed on the First Amendment issues the Supreme Court is expected to address in the "Zobrest v. Catalina Foothills School…

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)

Comprehensively surveys the reported court decisions arising from liability litigation on behalf of K-12 students with disabilities. Reports that no court decision has appeared of monetary damage judgment against a public school district or official for improper diagnosis/placement or improper education of a nondisabled, much less disabled,…

In "Carter" the Supreme Court affirmed a ruling where parents of a learning-disabled student were afforded tuition reimbursement after unilaterally enrolling the student in a private school. Briefly describes rulings in eight other lower court decisions. Concludes that the "Carter" decision will have little impact on school…