For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…

The Council for Exceptional Children (CEC) recognizes the importance of special education teachers in the education of all children and youth. Special educators have always believed that children's individual learning needs should drive instruction; indeed, pedagogy is the heart of special education practice. One way to judge a special education…

In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…

This article reports on a case that resulted in a published court decision which illustrates a dilemma at the intersection of the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA). On first impression, the finding that teachers were operating based on professional principle seems to validate their actions.…

As school psychologists, educators and parents most often approach us with questions relating to a concern. We have the privilege of serving students in their natural learning environment where skills and behaviors can be observed and analyzed, where interventions can be created and tested, and, hopefully, where a positive change can be made…

The author is a special education teacher in New York and a mother of two children on the autism spectrum. The author's intimate involvement in the education system has made navigating the world of special education for her children easier in some ways, but also infinitely more difficult and heartbreaking in others. Since the passage of No…

The author begins by stating that Mark Wolery has probably done more than anyone else to remind the field that teaching children is the most important thing practioners do in classrooms and that there is research on what good instruction looks like. However, the author asserts that he has a different take on the new (although it began "a…

Although it is true that good planning does not always lead to a good life, it is equally true that supporting people to have a full, rich life does not happen without good planning. In the past 12 years, the author's organization has supported over 125 people to live in their own homes, control their own funding, direct their own supports,…

The authors encourage caution in the implementation of Response to Intervention and dispel the false hopes that Response to Intervention will solve many of education's challenges. Outlined in this article are the reasons why Response to Intervention cannot be the solution to the identification of students for special education, why it can't…

This special issue of Research and Practice for Persons with Severe Disabilities (RPSD) is timely and resonates with the theme of the 2009 TASH Conference, "If not Us, Who? If not NOW, When?" The articles grapple with critical issues across a number of dimensions that reflect the complexity of inclusion and exclusion, the importance of…

In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.

An individual with a disability complains that under the blanket term "disabled" individual needs and rights are not respected, privacy is invaded, people are always being evaluated but never asked to evaluate services they receive, and everything must be part of a "program" rather than just part of daily life. (JDD)

The transitional assessment model described here contains the following characteristics: vocational orientation, comprehensive approach, individualized focus, contemporary design, and informal instrumentation. The screening, placement/planning, and monitoring/evaluation services vary in degree depending on the severity of the student's disability.…

This brief paper uses the concept of "great questions" to address issues in person-centered planning for individuals with disabilities. "Great questions" are defined as questions that refuse to be answered and so lead to deeper thinking and deeper connections. The concept of portraiture is used to examine the ethical question…

In this article, a reader is asking for advice regarding her 10-year-old daughter who is having difficulty with her reading and focusing skills and social skills. The author recommends that her daughter should have a full evaluation of her academic skills and potentials inclusive of psychology, speech, and occupational therapy. The author also…