Five facts about standardized tests should cause educators to rethink their use in decision-making. Standardized tests used for state and federal accountability purposes in PreK--12 public education are not diagnostic. The test results are impacted by family income and student background knowledge. The composition of the tests disadvantage…

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…

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…

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…

This article concludes this special issue by highlighting some of the most important points from the U.S. Supreme Courts decision in "Board of Education v. Rowley" (1982) and "Endrew F. v. Douglas County School District" (2017) but also discussing another crucial point to which school district personnel must adhere to ensure…

The Individuals with Disabilities Education Act (IDEA) is the federal law that secures special education services for children with disabilities from the time they are born until they graduate from high school. The law was reauthorized by Congress in 2004, prompting a series of changes in the way special education services are implemented. These…

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…

The Individuals with Disabilities Education Act (IDEA) is the federal law that secures special education services for children with disabilities from the time they are born until they graduate from high school. The law was reauthorized by Congress in 2004, prompting a series of changes in the way special education services are implemented. These…

Some children with disabilities may not receive a free appropriate public education (FAPE) unless they receive needed services during time periods when other children, whether they have a disability or not, normally would not be served. As part of the individualized education program (IEP) process, a multidisciplinary team must determine if a…

The Individuals with Disabilities Education Act (IDEA) is the main federal statute governing special education and early intervention services for children with disabilities from birth through age 21.1 IDEA consists of four parts. Part A contains general provisions, including the purposes of the act and definitions. Part B contains provisions…

A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

Students with emotional and behavioral disabilities (EBD) are among the most marginalized group of students in our schools. In essence, students with EBD are often denied their civil right to a free and appropriate public education (FAPE) which is a social justice issue. Teachers who become social justice allies are more likely to create a…

The public education of students with disabilities in the United States is governed by federal policies that promote school improvement, protect students from discrimination, and provide those who need it with special education and related services to meet their individual needs. This article explains the legal aspects of teaching students with…

Access to high-quality education for youth is critical to their long-term success as adults. Youth in juvenile justice secure care facilities, however, too often do not have access to the high-quality education and related supports and services that they need, particularly youth with disabilities residing in such facilities. This brief discusses…

The Individuals with Disabilities Education Act (IDEA) is the main federal statute governing special education for children from birth through age 21. IDEA protects the rights of children with disabilities to a free appropriate public education (FAPE). It also supplements state and local funding to pay for some of the additional or excess costs of…