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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
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
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
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
Winterman, Kathleen G.; Burton, Brett A. – Journal of Cases in Educational Leadership, 2023
The lack of support for transfer students, specifically students with individualized education plans (IEP) into school environments, is problematic. At times, IEP students face additional obstacles and challenges due to their disabilities compared to the regular education population. The authors formulated a case that follows an IEP transfer…
Descriptors: Urban Schools, High Schools, Educational Environment, Individualized Education Programs
Kern, Laura; Yell, Mitchell L. – Center on Positive Behavioral Interventions and Supports, 2020
This Practice Brief was developed as a result of the roundtable dialogue that occurred at the 2019 Positive Behavioral Interventions and Supports (PBIS) Leadership Forum in Chicago, Illinois, and is not intended to provide comprehensive legal guidance. Districts/schools should consult with their district's legal resources for deciding on legal…
Descriptors: Students with Disabilities, Positive Behavior Supports, Educational Legislation, Equal Education
Yell, Mitchell L.; Katsiyannis, Antonis – Intervention in School and Clinic, 2019
Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…
Descriptors: Court Litigation, Special Education, Laws, School Law
Couvillon, Michael A.; Yell, Mitchell L.; Katsiyannis, Antonis – Preventing School Failure, 2018
Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…
Descriptors: Special Education, Court Litigation, Educational Legislation, Federal Legislation
Yell, Mitchell L.; Katsiyannis, Antonis; Ennis, Robin Parks; Losinski, Mickey; Bateman, David – TEACHING Exceptional Children, 2020
The goal of this article is to assist individualized education program (IEP) team personnel to not make errors in the placement of students. To do so the authors: (1) describe what a placement decision is and who makes the decision; (2) review the placement requirements of the Individuals With Disabilities Education Act (IDEA, 2006); (3) examine…
Descriptors: Students with Disabilities, Student Placement, Individualized Education Programs, Decision Making
Zirkel, Perry A. – Journal of Special Education Leadership, 2023
Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…
Descriptors: Federal Legislation, Students with Disabilities, Court Litigation, Program Development
Goran, Lisa; Harkins Monaco, Elizabeth A.; Yell, Mitchell L.; Shriner, Jim; Bateman, David – TEACHING Exceptional Children, 2020
The primary message of the Supreme Court's ruling in "Endrew F. v. Douglas County School District" (hereinafter "Endrew F.," 2017) was that school districts are obligated to "offer an IEP [individualized education program] that is reasonably calculated to enable the child to make progress appropriate in light of the…
Descriptors: School Districts, Academic Achievement, Student Evaluation, Evaluation Methods
Al Otaiba, Stephanie; Lemons, Christopher J.; McMaster, Kristen; Wanzek, Jeanne – International Literacy Association, 2020
Successful implementation of intervention strategies for students having difficulties with reading is highly dependent on teachers' knowledge. Curricula alone do not teach; skilled teachers know how to prioritize learning objectives. For students who are struggling, or who have reading disabilities, including dyslexia, it is vital that teachers…
Descriptors: Literacy Education, Positive Behavior Supports, Reading Difficulties, Dyslexia
Yell, Mitchell L.; Bateman, David F. – TEACHING Exceptional Children, 2017
Thirty-five years ago, the U.S. Supreme Court announced its decision in "Rowley" (1982). The case, which was the first special education case to be heard by the Court, ruled on the question of what constituted Free Appropriate Public Education (FAPE) for students with disabilities under the Education for All Handicapped Children Act of…
Descriptors: Disabilities, Public Education, Court Litigation, Educational Legislation

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