The goal of this article is to assist individualized education program (IEP) team personnel to not make errors in the placement of students. To do so the authors: (1) describe what a placement decision is and who makes the decision; (2) review the placement requirements of the Individuals With Disabilities Education Act (IDEA, 2006); (3) examine…

This past March, the Supreme Court issued a decision, "Endrew F. v. Douglas County School District RE-1," that has the potential to change the definition of "appropriate" in what constitutes a free and appropriate education (FAPE), at least within some U.S. jurisdictions. This article briefly summarizes the ruling, with a focus…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

The authors examined 62 court cases occurring in 2009 from the LexisNexis database regarding students, ages 3-21 years, with various forms of autism spectrum disorder and violations to the Individuals with Disabilities Education Act. They analyzed procedural and substantive violations to the Individuals with Disabilities Education Act and the…

The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities be educated with peers without disabilities "to the maximum extent appropriate." When the individualized education program (IEP) team is reviewing the student's current performance, establishing the student's goals, and determining the services that the…

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

The paper reviews judicial rulings regarding labeling, due process in placement, and right to education for handicapped students with emphasis on the hearing impaired. Statutes and regulations guaranteeing rights to the handicapped are discussed. The issues surrounding the individualized education program and the least restrictive environment…

Adam Coolidge lives with his parents in the Riverdale Local School District, which is in rural northwestern Ohio. In spring 1996, prior to enrolling Adam in kindergarten, his parents met with district representatives to discuss moving him from an early intervention program under the Individuals with Disabilities Education Act (IDEA). His…

Delivering appropriate education to severely handicapped students poses unique legal problems for schools. Legal issues involved in actual court cases are reviewed and show that concern over potential liability may be unwarranted if the following areas are understood: what is appropriate education and when is a teacher liable? (MD)

Presents four principles (based on court decisions and due process hearings) to help make inclusion work: (1) placement decisions should consider regular education with supplemental aids; (2) decisions should be made in the child's best interest; (3) regular education teachers should be fully aware of the nature of the child's individualized…

Examines the areas in which educational misconduct involving handicapped students is likely to occur. Argues for accountability for such misconduct and discusses why remediation should be by common law tort action. Explains why the Handicapped Children Act procedures are not appropriate in litigation. (MD)

Adopting full inclusion as the implementation strategy for educating children under the Individuals with Disabilities Education Act (IDEA) will eliminate the discretion granted parents and guardians under the act. Discusses the intent of IDEA, its legal interpretations, and implications for school social workers. (Author/MKA)

This volume contains two papers concerning appropriate accommodations that can be made in the areas of grading and granting credits and diplomas for mildly handicapped high school students. The first paper discusses grades for students with disabilities who are mainstreamed in general education classes. It presents seven guiding principles that…

The paper examines current judicial interpretations of selected policy and implementation issues concerning P.L. 94-142, the Education for All Handicapped Children Act. Court cases are analyzed according to the following six principles of the legislation (sample subtopics in parentheses): zero reject--the right of handicapped children to be…

The Eleventh Circuit ruling in "Greer" establishes relatively clear guidelines for making choices regarding mainstreaming in considerations of appropriate programing. Only when mainstreaming in a regular class is not appropriate may a determination be made as to how the child can be placed in a special-education setting in the least…