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Direct linkYell, Mitchell L.; Edlein, Rachel; Katsiyannis, Antonis – Intervention in School and Clinic, 2023
In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…
Descriptors: Drug Use, Drug Therapy, Marijuana, Special Education
Yell, Mitchell L.; Prince, Angela M. T.; Katsiyannis, Antonis – Intervention in School and Clinic, 2022
Five days after the U.S. Supreme Court handed down its ruling in "Endrew F. v. Douglas County School District," the U.S. Court of Appeals for the Ninth Circuit issued a decision in "M.C. v. Antelope Valley Union High School District." This important decision involved a student who was being served under the Individuals with…
Descriptors: Court Litigation, Special Education, Students with Disabilities, Individualized Education Programs
Yell, Mitchell L.; McNamara, Scott; Prince, Angela M. T. – TEACHING Exceptional Children, 2021
The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student's individualized…
Descriptors: Students with Disabilities, Adapted Physical Education, Individualized Education Programs, Equal Education
Yell, Mitchell L.; Bateman, David F. – Teacher Education and Special Education, 2019
The purpose of this article is to examine the free appropriate public education (FAPE) requirements of the Individuals With Disabilities Education Act (IDEA). The authors first briefly examine the definition of FAPE in the IDEA. Second, they delve into the U.S. Supreme Court's decisions in "Board of Education v. Rowley" and "Endrew…
Descriptors: Court Litigation, Public Education, Educational Legislation, Disabilities
Kern, Laura; Yell, Mitchell L. – Center on Positive Behavioral Interventions and Supports, 2020
This Practice Brief was developed as a result of the roundtable dialogue that occurred at the 2019 Positive Behavioral Interventions and Supports (PBIS) Leadership Forum in Chicago, Illinois, and is not intended to provide comprehensive legal guidance. Districts/schools should consult with their district's legal resources for deciding on legal…
Descriptors: Students with Disabilities, Positive Behavior Supports, Educational Legislation, Equal Education
Yell, Mitchell L.; Katsiyannis, Antonis; Ryan, Joseph B. – Intervention in School and Clinic, 2023
Thirty-one U.S. states have laws that may result in students being arrested for misbehavior in school that is often considered a low-level rule violation. The problems with these laws include the vagueness and subjectivity of the language of the law. As a result, the enforcement of such laws has been criticized as being discriminatory, especially…
Descriptors: Student Behavior, Behavior Problems, Crime, Criminal Law
Yell, Mitchell L.; Bateman, David – TEACHING Exceptional Children, 2020
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,…
Descriptors: Court Litigation, Individualized Education Programs, Equal Education, Access to Education
Yell, Mitchell L.; Katsiyannis, Antonis; Ennis, Robin Parks; Losinski, Mickey; Bateman, David – TEACHING Exceptional Children, 2020
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…
Descriptors: Students with Disabilities, Student Placement, Individualized Education Programs, Decision Making
Yell, Mitchell L.; Katsiyannis, Antonis – Intervention in School and Clinic, 2019
Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…
Descriptors: Court Litigation, Special Education, Laws, School Law
Horner, Robert H.; Yell, Mitchell L. – Journal of Special Education, 2017
The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…
Descriptors: Functional Behavioral Assessment, Court Litigation, State Legislation, Intervention
Yell, Mitchell L.; Bateman, David; Shriner, Jim – TEACHING Exceptional Children, 2020
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…
Descriptors: Individualized Education Programs, Program Development, Program Implementation, School Districts
Couvillon, Michael A.; Yell, Mitchell L.; Katsiyannis, Antonis – Preventing School Failure, 2018
Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…
Descriptors: Special Education, Court Litigation, Educational Legislation, Federal Legislation
Prince, Angela M. T.; Yell, Mitchell L.; Katsiyannis, Antonis – Intervention in School and Clinic, 2018
On March 22, 2017, the U.S. Supreme Court announced its decision in "Endrew F. v. Douglas County School District." This case addressed the question how much educational benefit are public schools required to provide to students with disabilities under the Individuals With Disabilities Education Act (IDEA) to confer a free appropriate…
Descriptors: Special Education, Court Litigation, County School Districts, Educational Benefits
Yell, Mitchell L. – Behavioral Disorders, 2019
In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…
Descriptors: School Districts, Individualized Education Programs, Emotional Disturbances, Behavior Disorders
Yell, Mitchell L.; Collins, James; Kumpiene, Gerda; Bateman, David – TEACHING Exceptional Children, 2020
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…
Descriptors: Individualized Education Programs, Students with Disabilities, Educational Legislation, Federal Legislation
