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…

In the United States, children with disabilities receive special education services under the Individuals with Disabilities Education Act (IDEA), which provides free appropriate public education (FAPE) in the least restrictive environment (LRE). Evidence shows that parents of children who receive special education (SPED) experience conflict within…

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…

Introduction: This study examined the interstate variability in eligibility criteria for the disability category of deafblindness. Methods: We systematically reviewed and coded information related to the location of state data, the use of federal language in state definitions, additional eligibility criteria (i.e., disability eligibility…

This report includes guidance, considerations, and resources for state staff and local practitioners who are determining Part C eligibility remotely. As a result of COVID-19, many states are having to determine a child's eligibility for Part C services remotely using a variety of approaches such as teleconference, videoconference, and sharing…

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…

In this report, we summarize research on the identification of SLD and make recommendations for practice. The report begins with a summary of the legal requirements for SLD identification and what constitutes a comprehensive evaluation. It then discusses the attributes of SLD according to different conceptual frameworks and reviews research on the…

To ensure students with disabilities receive the services they need to support their learning, the U.S. Congress reauthorized the Individuals with Disabilities Education Act (IDEA) in 2004. IDEA requires that each state: (1) implement IDEA with fidelity; (2) sustain special education programs that meet IDEA's educational standards; and (3) monitor…

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…

Special education, for students ages 3 to 21, is guided by federal and state requirements. The federal requirements are referred to as the Individuals with Disabilities Education Act (IDEA). The state requirements are referred to as the Ohio Operating Standards for the Education of Children with Disabilities (Ohio Operating Standards). IDEA…

There is a discrepancy in attention deficit/hyperactivity disorder (ADHD) services between students who receive a 504 plan and those found eligible under the Individuals with Disabilities Education Improvement Act for special education services under the other health impairment category (Spiel et al., 2014). As school-based administrators are…

Emotional Disturbance (ED) is one category under which a student can be evaluated and determined eligible to receive special education and related services. Students who experience ED are at greater risk for a host of negative long-term outcomes that include poor social, behavioral, and academic achievement in school, which in turn may impact…