Due process hearings provide a formal resolution for disagreements that may arise within special education. The purpose of this study was to examine the types of issues that arise in due process cases for students with emotional disturbance (ED). The current study examined select due process hearings during 2014 to 2019 from four states for…

For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…

Educators, families, and policy actors rely on federal and state special education law to inform many decision-making processes. Vague eligibility criteria within the laws can result in conflict between school districts and parents. Resulting due process hearing decisions can have important implications for future practice. One area of particular…

School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…

Healthcare services outside of school impact the likelihood of receiving a school-based special education classification and services. Using Massachusetts administrative data on public school students, this paper employs difference-in-differences to examine the impacts of expanded Medicaid coverage for mental and behavioral healthcare brought by…

The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…

For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…

The modern meaning of "child find" under the IDEA is almost entirely a matter of court decisions, because the legislation (§ 1412[a][3][A]) and the regulations (§ 300.111) are limited to the historical obligation to "locate, identify, and evaluate" students with disabilities. More specifically, in interpreting and applying this…

Through the juxtaposition of 2 recent Supreme Court actions--"Allston v. Lower Merion County School District" (2015) and "Endrew F. v. Douglas County School District" (2017)--this article argues that special education is a neoliberal property that works to recruit disability through scientific-juridical qualifications of…

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…

Background: The aim was to investigate the role of measured intellectual function in framing parents as 'unfit' in child custody deprivation cases. Method: Grounded theory was used to analyse a national sample of custody deprivation cases in Iceland 2002-2014. Results: The terminology used to evaluate and describe the intellectual and…

The purpose of this study was to examine rulings of Pennsylvania hearing officers in cases that addressed procedural denials of a FAPE and provide recommendations to school districts. In order to develop recommendations, an examination of the 50 most recent due process cases occurred. The study examined the procedural regulation mentioned in the…

Representing a sequel to a similar case law snapshot in mid-2010, this article provides an updated overview of the judicial and administrative case law concerning students with traumatic and nontraumatic brain injury in the P-12 school context. The scope is limited to cases under the Individuals with Disabilities Education Act and the pair of…

A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…