The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…

This document lists 10 best charter school discipline practices to employ and 10 mistakes to avoid.

Individualized education programs are considered the cornerstone of the Individuals With Disabilities Education Act and serve as the means to determine whether qualified students with disabilities receive a Free Appropriate Public Education. This article aims to examine a recent circuit court ruling regarding the applicability of retrospective…

In total, 139 Texas special education due process hearings that occurred between 2011 and 2015 were examined. Cases were coded with regard to the student's special education disability category; the number of hearings in which a specific party prevailed; the primary, secondary, and/or tertiary issues of the case; the number of issues in these…

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…

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…

The purpose of this article is to present an updated comprehensive synthesis of the law, starting with the statutory provisions and culminating in the case law specific to the procedural and substantive requirements for manifestation determinations (MDs) under IDEA, as amended in 2004. Procedural requirements include issues such as who must make…

In this study, the researcher analyzed survey responses from 67 Pennsylvania attorneys with experience in special education litigation and reviewed one year of Pennsylvania special education due process hearing decisions to determine the issues that prompt parents to seek legal counsel in special education disputes, the issues that counsel…

This handbook was developed to support parents of children with disabilities in understanding the Federal and State requirements under the Individuals with Disabilities Education Act (IDEA). It provides information that promotes working with the school district to help provide appropriate services to children, while informing parents of their…

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

This article presents a due process hearing case study of a mother who contended that his son, D.J., has been denied of a free and appropriate public education (FAPE) of his School District after being suspended from school. D.J., an elementary student, had been described as hyperactive, inattentive, defiant, and often volatile. He was identified…

Bearing in mind the requirements of No Child Left Behind (NCLB) legislation, Louisiana's Steering Committee projected performance targets through the year 2014 for the important areas of: (1) Graduation with a Diploma; (2) Dropout Rate; (3) Placement, ages 6-21 and ages 3-5; (4) Achievement Performance Levels, and (5) Discipline. Annual gains were…

In a recent decision by the U.S. Supreme Court, "Schaffer v. Weast," the high court ruled that the burden of persuasion in special education due process hearings should fall on the party that challenges a student's IEP. This Court ruling will change current practice across nearly half the United States. In this article, the authors…

The reauthorized Individuals with Disabilities Education Act (IDEA), signed on December 3, 2004, required that, not later than one year after the date of enactment of the reauthorized IDEA, each state is required to have in place a performance plan evaluating the state's implementation of Part B and describing how the state will improve such…