The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…

This is not a legal brief. This is an article written by a special education expert who has witnessed the very best and the very worst education has to offer. This article is meant to serve as a springboard for examining what is meant by education for all, high expectations, schools as laboratories for innovation, high caliber academic and social…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIP) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act (2017) makes no mention of FBAs or BIPs, and the Individuals with Disabilities…

The U.S. Supreme Court ruling, of March 2017, favored the plaintiff, Endrew F. in the "Endrew F. v. Douglas County School District" case. This decision strengthens the Rowley decision of 1982 and has raised the bar requiring an increased responsibility for Districts to provide programs to eligible students with disabilities the…

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…

For this ninth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, this author provides a summary of a concussion- related case and provides responses to a series of questions by three members of the school psychology profession. The issue in this…

Education in an inclusive setting appears to be a concept in this 21st century. This concept is beginning to gain recognition in the field of education. Children with and without disabilities are gradually being educated together in large scale societies. This is because most large scale countries have begun to recognize, appreciate, and accept…

The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

Without question, servicing the needs of incarcerated youth can be challenging. Not only is the average juvenile a complex individual with multiple needs but the facility itself is a composite of trained professionals that must work together to produce a juvenile able to successfully reenter society. Policies enacted to achieve this goal cannot be…

In a recent decision by the U.S. Supreme Court, "Schaffer v. Weast," the high court ruled that the burden of persuasion in special education due process hearings should fall on the party that challenges a student's IEP. This Court ruling will change current practice across nearly half the United States. In this article, the authors…

Adam Coolidge lives with his parents in the Riverdale Local School District, which is in rural northwestern Ohio. In spring 1996, prior to enrolling Adam in kindergarten, his parents met with district representatives to discuss moving him from an early intervention program under the Individuals with Disabilities Education Act (IDEA). His…

Delivering appropriate education to severely handicapped students poses unique legal problems for schools. Legal issues involved in actual court cases are reviewed and show that concern over potential liability may be unwarranted if the following areas are understood: what is appropriate education and when is a teacher liable? (MD)

In light of the discipline provisions of the Individuals with Disabilities Education Act emphasizing functional assessments and positive behavioral interventions as well as new responsibilities for the Individualized Education Program team, this article discusses the problems that school divisions are encountering when implementing these…

Full inclusion is a confusing topic. Many people misunderstand the "least restrictive environment" provision of the federal Individuals with Disabilities Education Act. Districts need not educate every disabled child in a regular classroom for the entire day, but have numerous options, so long as each child is carefully evaluated. Recent…

Reauthorization of the Individuals with Disabilities Education Act (IDEA) specifies that a behavioral intervention plan (BIP) must be developed for students with disabilities under certain disciplinary exclusions. IDEA, however, does not provide details as to what should be included in BIPs, and this lack of specific guidance often results in…