On March 22, 2017, the Supreme Court unanimously ruled that schools are obligated to provide more than de mimimus services for students with disabilities. The core issue in "Endrew F. v. Douglas County Schools" is how schools are to define the "A" in FAPE: What is an appropriate public education? Douglas County schools held…

Two diametrically opposed beliefs are held concerning the meaning of the least restrictive environment (LRE) when determining the class placements of students with disabilities. One group adheres to the placement philosophy that the LRE is always the general education setting. The other group believes that the LRE is where the students' needs may…

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…

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 reauthorized Individuals with Disabilities Education Act (IDEA) requires Individualized Education Program (IEP) teams to base the selection of special education, related services, and supplementary aids and services on peer-reviewed research (PRR) to the extent practicable. This article examines the intended purpose of the PRR provision and…

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 individual education program (IEP) is of critical importance to educators, parents, and students. Through the IEP process school-based teams (a) assess the educational needs of a student, (b) develop meaningful and measurable goals that direct the student's program, (c) develop and implement a program of special education and related services,…

New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate. The state's action, which follows a similar move by New York state in August, is considered a success by parents and advocacy…

As the parent of a child who has or may have a disability, the federal and state laws give them certain rights--called procedural safeguards. If they would like a more detailed explanation of these rights, they should contact the principal of their child's school, a school administrator, their local special education director, or any of the…

On November 14, 2005, the U.S. Supreme Court announced its decision in "Schaffer v. Weast." This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and…

Special education service delivery is often the source of disputes between parents and districts and an issue in special education class-action lawsuits. Despite these controversies, there has been little large-scale research on the delivery of services. This study represents a large-scale assessment of the delivery of special education services…

A five-part article describes and analyzes the Individuals with Disabilities Education Act (IDEA) and a behavioral intervention technique called "positive behavioral interventions, supports, and strategies" (PBS). Suggests guidelines for applying PBS within the framework of IDEA, especially as it applies to discipline of students covered…

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…

When it comes to the legal fight over special education that they have waged for the past seven years, Jocelyn S. and Martin P. Schaffer and their Maryland school district don't agree on much. But the two sides do see eye to eye on this: With the U.S Supreme Court's decision to review the Schaffers' case, the dispute suddenly has the potential to…

The Special Education Tribunals, established in Ontario (Canada) as an appeals adjudication structure, have expanded the educational rights of exceptional children beyond the rights legislated in the Education Act 1980. School boards are required to consider the child's needs, the program of studies, the teaching methodology, and the philosophy of…