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…

To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

Depending on their experience, local special education directors may be familiar with the complaint procedures (CP) avenue that the IDEA requires each state education agency (SEA) to provide. Yet most special education professors and many parents of students with disabilities have negligible knowledge about this avenue of decisional dispute…

This update of the legislation/regulations and case law specific to pre-K-12 gifted students since a cluster of publications in 2004-2005 primarily focuses on the "gifted alone" category, with only secondary attention to twice-exceptional and other students in the "gifted plus" category. For the gifted-alone category, the…

For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

The purpose of this article is to present an updated comprehensive synthesis of the law, starting with the statutory provisions and culminating in the case law specific to the procedural and substantive requirements for manifestation determinations (MDs) under IDEA, as amended in 2004. Procedural requirements include issues such as who must make…

For this eighth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, consider the summary of the concussion-related case below and the questions-and-answers after it. The overlapping issues in this case are child find, evaluation, and eligibility of…

Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the…

Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…

A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…

This third article in a series of reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of a Maine case presented with regard to the issue of eligibility under the classification of specific learning disabilities (SLD) under the…

From leading authorities, this indispensable work is now in a revised and expanded second edition, presenting state-of-the-art tools and procedures for practitioners. The book shows how to use response to intervention (RTI) to evaluate K-12 students for specific learning disabilities (SLD). The second edition gives increased attention to…

Specific learning disability (SLD) identification and eligibility practices are evolving and sometimes contentious. This article describes the historical context and current status of the SLD definition, legislation, regulation, and case law related to the identification of students eligible for special education services. The first part traces…

The purpose of this analysis is to provide systematic and up-to-date data on the frequency of the Individuals with Disabilities Education Act (IDEA, 2012) court decisions on a state-by-state basis, not only overall, but in relation to special education enrollments. This empirical analysis revealed notable differences among state rankings in the…