The 2017 Supreme Court ruling in "Endrew vs. Douglas County" charged educators to provide evidence toward the attainment of Individual Education Plan (IEP) goals beyond "de minimus" educational benefit. The purpose of this article is to present two methods that may be useful for supporting IEP teams in evaluating progress…

Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…

This article concludes this special issue by highlighting some of the most important points from the U.S. Supreme Courts decision in "Board of Education v. Rowley" (1982) and "Endrew F. v. Douglas County School District" (2017) but also discussing another crucial point to which school district personnel must adhere to ensure…

This paper describes the author's personal involvement with issues of policy and implementation that were sparked by the "Lau" decision. Topics included are student assessment, the bilingual education wars, the role of research, the paradigm shift with the advent of standards, and California state policy in the education of English…

In 2019, about 22% of U.S. students ages 12-18 reported being bullied, with a higher percentage of female students than male students reporting victimization. Recent empirical reports indicate that students with disabilities are more likely to experience bullying and be punished for bullying. Bullying has been linked to increased risk for…

Title IX Coordinators are responsible for implementing standardized procedures related to each component of Title IX procedures on college and university campuses. The problem this study addressed was the gap in practice regarding the ways colleges and universities implement standardized procedures to ensure equitable due process for involved…

This article begins with a scenario depicting the difficulties encountered by a young student in the Douglas County School District in Castle Rock, Colorado, named Endrew (called Drew by his parents). This situation, which began at Drew's individualized education program (IEP) meeting at Summit Ridge Elementary School when he was in fourth grade,…

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…

This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

Charter schools face high-stakes accountability. When charter schools fail to perform as expected, including as measured on state tests, authorizers are often expected to close them. While the details of charter school oversight are shaped by each state's charter school policy, federal law influences how states test children and evaluate all…

This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…

Restraints and other aversives continue to be an active area of legal activity, particularly for students with disabilities. The March/April 2016 issue of Communiqué provided an update of the case law specific to school district use of restraints (Zirkel, 2016). Since then, various sources have provided successive snapshots of state restraint and…

Background: The research on evidence-based practices (EBP) in special education has shifted over the last decade from identifying efficacious interventions to exploring issues that impede implementation in the classroom. Common barriers to implementation include absence of training and resources, limited collaboration between researchers and…

Present-day educational inequities are the result of systemic racism rooted in longstanding policies and practices. The move to achieve equity is not a new phenomenon; however, the desire to achieve educational equity has become more prevalent in national conversations. Conversations about educational equity have trickled down to the school…