For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…

This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…

Several recent documents and presentations, most but not all from the British Columbia (BC) Ministry of Education, suggest that considerable changes are being floated as options for redesigning inclusive educational approaches in the BC K-12 public education system. The documents include: (1) "The BC Education Plan"; (2) "Global…

Given their pivotal position, school psychologists have understandable concerns about the possibility of becoming the target of the relatively frequent legal proceedings under the Individuals with Disabilities Education Act (IDEA). Indeed, the threat of litigation can contribute to a flight from the profession (Lange, 2011). Yet, an informal…

In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…

Forest Grove School District v. T.A. involved a student with learning disabilities, Attention Deficit/Hyperactivity Disorder (ADHD), and depression (T.A.) whose parents had moved him to a private academy for students with special needs without first consulting with his public school. In the past, the school district had found T.A. to be ineligible…

This decision did not clarify all of the issues involved but did state clearly that if the need arises, a student, regardless of his or her learning disability, can be suspended up to a full 10 days. (Author/IRT)

For years, Marilyn Arons, 67, has taught parents how to use the main federal special education law to get the most appropriate education for their children. And now, the role of experts such as Ms. Arons is at the center of a U.S. Supreme Court case that will be heard next week. The case, which began in 1997, involves New York state's Arlington…

Ben is a 16-year-old student who resides with his family in an unnamed School District. He is eligible for special education by reason of specific learning disability and ADHD. His parents requested a due process hearing, alleging that the District failed to provide him with a free appropriate public education (FAPE) and requesting reimbursement…

This article reports on starkly contrasting portraits of special education that the justices are sure to hear on the first day of the new U.S. Supreme Court term. In a case from New York City, the 1.1 million-student district argues that school officials made every attempt to provide an appropriate education plan under the federal Individuals with…

This paper provides a literature review on the use of assistive technology with students who have disabilities, especially students with learning disabilities. It stresses requirements that assistive technology be included in Individualized Education Programs when necessary. Topics examined in the review include: (1) the use of technology to…

As school communities become more diverse, making decisions regarding discipline will continue to be difficult. However, providing appropriate discipline for special education students is essential in order to maintain an effective learning climate. This article walks readers through a hypothetical situation in which a principal must make a…