In 2017, the Supreme Court of the United States redefined Free and Appropriate Public Education (FAPE) for students with disabilities (SWD) in "Endrew F. v. Douglas County School District." The Court's new standard for FAPE was more demanding than previous rulings. Parents of SWD are expected to participate in the special education…

Introduction: This study examined potential legal precedent set by holdings in administrative due process hearings where instruction in the expanded core curriculum (ECC) for school-age children was decided. Methods: This study used an analogical reasoning approach. This legal research method includes examining the rule of law, presenting cases…

This critical discourse analysis examines the construction of an "appropriate" education by Florida administrative law judges in their special education final orders over time. The results indicate that despite each child being different, the construction of an appropriate education was uniform within the given time periods. Prior to the…

In the past few years, the provision of mental health services in public schools has received considerable attention. When students with disabilities are eligible for special education and related services under the Individuals With Disabilities Education Act (IDEA), mental health services are required if such services are needed to provide…

To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

The originators of special education law anticipated disputes and provided due process hearings as a means to settle the disputes. However, due process proved to be unfair, costly (financially and emotionally), and destructive to school-family relationships. Years later, lawmakers offered mandated mediation along with resolution meetings in…

In total, 139 Texas special education due process hearings that occurred between 2011 and 2015 were examined. Cases were coded with regard to the student's special education disability category; the number of hearings in which a specific party prevailed; the primary, secondary, and/or tertiary issues of the case; the number of issues in these…

Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

The authors examined 85 cases decided in 2013 where the facts centered on violations of the Individuals with Disabilities Education Act (IDEA) and the provision of a Free Appropriate Public Education (FAPE) for students with autism spectrum disorder (ASD). Trends in prevailing party by geographic location, court circuit, gender, and other…

Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student's need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the…

Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004(IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study examined 258 due process hearings held over the past 8 years in…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

The number of students with autism spectrum disorders (ASD) receiving services in public schools is increasing steadily. However, the findings of previous research and recent litigation trends suggest that a notable disconnect persists between school-based services and parental satisfaction. As a means to better understand parental dissatisfaction…

The decision to begin the process for special education eligibility has complexities impacting children, parents, teachers, and schools. The Individuals with Disabilities Education Improvement Act (IDEA) eligibility provisions specify the need to obtain consent prior to evaluation and options when consent cannot be obtained. School psychologists…