The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…

For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…

This article highlights the trends in state laws and judicial rulings specific to identification of and interventions for students with dyslexia.

Although reading remains a priority in the Every Student Succeeds Act (ESSA), the basis of the case law primarily is the Individuals with Disabilities Education Act (IDEA) due in significant part to its open adjudicative avenue. The purpose of this article is to provide a synthesis of the judicial rulings under the IDEA specific to reading…

The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…

School psychologists sometimes are called upon as a witness in a special education due process hearing. Without over-legalizing the role and responsibilities of the school psychologist, providing concise and organized attention to this topic not only reduces the discomforting symptoms of the fear/flight reaction but also contributes to more…

Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

The Individuals with Disabilities Education Act grants dissatisfied parents of students with disabilities the right to pursue legal remedies. In 2007, Rose and Zirkel found that parents of students with reading disabilities seeking Orton-Gillingham (OG) instruction under the IDEA's central obligation for a free appropriate public education (FAPE)…

Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…

After dropping steadily from 2000-2001 to 2013-2014, the percentage of students identified under the IDEA classification of specific learning disabilities (SLD) levelled off and increased slightly until the latest data available (2017-2018; NCES, 2019). Despite the recognition in the IDEA amendments of 2004 of response to intervention (RTI) as…

A comprehensive search of the Westlaw case database for the period January 1, 2008 to August 31, 2018 identified 22 court decisions that contained federal civil rights claim rulings specific to the actions of school resource officers in response to the conduct of students with disabilities. Both the quantitative and qualitative results revealed…

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…

The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…

The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…

This article provide an analysis of the relevant court decisions from the end of 2016 to the end of 2019 specific to the IDEA [Individuals with Disabilities Education Act] child find obligation. Questions investigated concerned trends with regard to frequency, distribution, and outcomes as well as whether particular factors (such as response to…