The implementation of prereferral models was being discussed in educational literature as early as 1979. Over the past decade, schools in the United States have begun to adopt prereferral models to meet multiple goals, such as reducing inappropriate referrals to special education, supporting students who face academic and behavioral challenges,…

The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

Family involvement is an essential component of the special education process for youth with intellectual and developmental disabilities (IDD). In addition to the legal requirement that parents should be equal partners in the decision-making of the student's individualized education program (IEP) program (IDEA, 2004), a bulk of empirical research…

We overview several key issues of the past, present, and near future of special education for students with severe disabilities. We contextualize the Telos of special education by briefly remarking on its historical roots in the United States, then delve into several issues we believe are critical for advancing toward better outcomes for students…

In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…

Advocacy is often an expectation for parents of children with disabilities. However, little is known about the process and products (i.e., outcomes) of parent advocacy experiences. Without understanding parent perceptions of their advocacy experiences, it is difficult to measure the effectiveness of parent advocacy. To this end, the purpose of…

This article provides foundational information to stimulate and facilitate assessment of the distinctive role of law in this field. For example, has the balance of costs and benefits reached the point of over-legalization? Similarly, to what extent is legal literacy essential for special education teachers and related service personnel as compared…

High quality family-professional partnerships promote the personal, social, and academic growth of students with disabilities. However, due to systemic barriers, such partnerships can be difficult, especially for families from low-resourced communities. Using the Sunshine Model, the purpose of this systematic literature review was to characterize…

Special education stands at a pivotal juncture, confronting both existential challenges and transformational opportunities. The U.S. Department of Education's Office of Special Education Programs (OSEP) is not upholding its mandate of promoting the Individualized Education Program (IEP). I underscore the centrality of the IEP in the…

The history of the people, problems, and politics surrounding the establishment of federal special education policy is rich with useful illustrations for advocates and educators. As the 50th anniversary of IDEA approaches, we use a historical perspective to consider how the promise of the law -- to ensure access to a free appropriate public…

This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

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…

Rapidly becoming the largest ethnic group of American students, compared to White students with disabilities, Latino students with disabilities receive less services and their parents are more likely to struggle to receive services. Yet, it is unclear how Latino families advocate for their children with disabilities including how cultural values…

We suggest that special education could die among common myths about it. That is, special education could cease to exist, at least as we know it, because its true nature and requirements for its functioning are misunderstood. We discuss only 12 common myths about special education, recognizing that there are many more myths and that the ones we…

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…