For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…

School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…

The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…

For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

Specific learning disability (SLD) identification and eligibility practices are evolving and sometimes contentious. This article describes the historical context and current status of the SLD definition, legislation, regulation, and case law related to the identification of students eligible for special education services. The first part traces…

This article is an attempt to shed some further light on the people and the processes involved in the identification of mental deficiency in children and young people. In order to do this, it turns away from the themes that have been most prominent in the historiography to date: elite and professional ideas, parliamentary and public debates and…

Students with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement…

Fitness for trial constitutes the most frequent referral to forensic assessment services. Several approaches to this evaluation exist in Canada, including the Fitness Interview Test and Basic Fitness for Trial Test. The following article presents a review of the issues and a method for basic fitness for trial evaluation.

As the parent of a child who has or may have a disability, the federal and state laws give them certain rights--called procedural safeguards. If they would like a more detailed explanation of these rights, they should contact the principal of their child's school, a school administrator, their local special education director, or any of the…

Discusses litigation stemming from the Education for All Handicapped Children Act and offers advice to school administrators on handling appeals. (WD)

Individuals with Disabilities Education Act (IDEA) 1997 amendments that are important to rural schools are funding compliance requirements, changes in identification and evaluation of students with disabilities, and qualitative standards for providing special education and related services. Guidelines resulting from court decisions are presented…

In Canada over the past two decades many legal disputes have arisen concerning education for children with learning disabilities. Most often these disputes are concerned with equal access for children with disabilities and centre on the notion of appropriate education. Issues concerning equal access to appropriate education have a long history and…

In this report, the Office for Civil Rights (OCR) provides a summary of its FY 2005 accomplishments. Also, in recognition of the 25th anniversary, some of the significant cases that OCR has resolved over the years are highlighted. The last quarter century was eventful and challenging for OCR. Major U.S. Supreme Court decisions, such as "Grove…