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…

Early childhood special education (ECSE) teachers support children who qualify for Individualized Education Programs (IEPs) mandated by the Individuals with Disabilities Education Act (IDEA, 2004). ECSEs generally serve children under the age of five and are often asked to guide the development of a plan to decrease persistent challenging…

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…

"Transition" is a broad term, referring to the period of time during which a student with disabilities prepares to complete high school and to the process of preparation, including long-range planning, activities, and services aimed at helping the student move successfully from school into the adult world. The legal requirement that…

This qualitative study examined the experiences of parents who sought inclusive education for their children with intellectual disabilities or extensive support needs. Data were collected from 33 participants in the form of narratives that emerged through semi-structured interviews and analyzed using a phenomenological methodology. Findings…

S3434 was signed by Governor Murphy on June 16, 2021. It allows students who turned 21 during the 2020-2021 to continue to receive special education, related services, and transition services through at least the 2021-2022 school year. These services must be provided to those students during the 2021-2022 school year when the Individualized…

Adult student transition programs (also known as 18+ programs, 18-21 programs, adult transition programs, and community transition programs) are educational programs that provide instruction in age-appropriate community environments to adult students who have met the state credit and assessment guidelines for graduation but who still require…

Students with qualifying disabilities have the right to a free and appropriate public education (FAPE) under the Individuals with Disabilities in Education Act (IDEA, 2004). An Individualized Education Program (IEP) is a legally binding document that maps out the students' educational program, including any specially designed instruction and…

This article delineates the four successive dimensions of the Individuals with Disabilities Education Act's (IDEA) central obligation of "free appropriation public education" that the courts have developed thus far: (a) procedural, (b) substantive, (c) incomplete implementation of the last Individualized Education Program (IEP), and (d)…

The purpose of this resource is to unpack Part B State Performance Plan/Annual Performance Report (SPP/APR) Indicator 3D to better understand how to use it to improve outcomes for children with individualized education programs (IEPs). Indicator 3D is a new subcomponent of Indicator 3 in the Office of Special Education Programs' (OSEP) FFY…

When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…

Social policies can be well-intentioned but ineffective in achieving what is intended. They can be undermined or destroyed by their exaggerated or oversimplified caricatures with a single, narrow focus. Caricatures may result in the opposite of the original intent of more carefully crafted variants. Institutionalization and deinstitutionalization…

School psychologists often play a significant role in implementation of the requirements under the Individuals with Disabilities Education Act (IDEA) specific to independent educational evaluations (IEEs). The school psychology and special education literature addresses professional norms for IEEs (e.g., Schrank et al., 2006), but its coverage of…

Despite the repeated documentation of the positive outcomes for students with extensive support needs (ESN) when they are included in general education settings and receive access to state-adopted general education standards, there has been little systemic progress on the inclusion of students with ESN across most states. The purpose of this…

With this position paper, we advance the case for reformation of U.S. special education law and praxis. These have undergone mostly incremental changes over the five decades since their inception despite a substantial body of evidence amassed over this period, which points to a major gap between extant policy and praxis, and contemporary cultural…