This article reports on a case that resulted in a published court decision which illustrates a dilemma at the intersection of the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA). On first impression, the finding that teachers were operating based on professional principle seems to validate their actions.…

Specific learning disability (SLD), although moderately declining in recent years, continues to be the largest of the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; NCES, 2012). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for identifying students with…

The law on gifted students tends to take a back seat to the law on students with disabilities. One major reason is that gifted education lacks a specific legal mandate at the federal level, in comparison with the Individuals with Disabilities Education Act (IDEA) and the twin civil rights acts, Section 504 and the Americans with Disabilities…

In September 2008, while the national spotlight was on the economic crisis, the Iraq war, and the presidential election, Congress passed by acclamation, and President Bush signed without fanfare, the Americans with Disabilities Act Amendments (ADAA). Effective Jan. 1, 2009, the ADAA not only significantly reversed major judicial interpretations of…

A previous exploratory analysis revealed that students with autism were notably overrepresented in published court decisions concerning the IDEA's core concepts of "free appropriate public education" (FAPE) and "least restrictive environment" (LRE). More specifically, for the period 1993 to 2006, the proportion of this…

Bullying, a pattern of physical or emotional abuse that students intentionally inflict on their peers, exists throughout secondary education, but is most prevalent during the middle grades. To inform the practice of middle level educators, this study canvassed school anti-bullying laws in each state and compared them with relevant research…

Touted as a more effective approach to determining eligibility for specific learning disability (SLD) than establishing a severe discrepancy between ability and achievement, response to intervention (RTI) represents various models that share these common characteristics: (a) multiple tiers of scientific, research-based interventions; (b)…

In November 2008, Congress passed, and the President signed, the Americans with Disabilities Act (ADA) Amendments (ADAA), with an effective date of January 1, 2009. While other issues, such as the national economic crisis, dominated public attention at the time, the ADAA unobtrusively connected to Section 504 of the Rehabilitation Act of 1973…

A comprehensive search identified 31 state statutes and regulations specific to functional behavioral assessments (FBA) and behavior intervention plans (BIP) in the special education context. A systematic tabulation of the state law provisions that exceed the rather narrow foundation requirements of the Individuals with Disabilities Education Act…

In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…

This article presents an explanation of the eligibility criteria for K-12 students under Section 504 and its sister statute, the Americans with Disabilities Act (ADA). The explanation shows the evolving application of Section 504 to students in terms of three phases: awareness, constriction, and expansion. The latest phase, expansion, started with…

The Americans with Disabilities Act Amendments (ADAA), which went into effect on January 1, 2009, have made major changes in the interpretive standards for student eligibility under Section 504 of the Rehabilitation Act, expanding the pool of eligible students. This new expansionary stage follows an initial phase of awareness raising, which lasted…

Section 504 is civil rights legislation that is part of the Rehabilitation Act of 1973. Section 504 directly affects public schools, prohibiting discrimination against persons with disabilities. More specifically to students with disabilities, Section 504 provides various procedural protections and, for students, an entitlement to…

This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…

The literature of special education generally and special education law specifically tends to use "scientifically based research" (SBR), along with its shorthand "scientifically based" variation, and related terms such as "evidence-based," "research-based," and "peer-reviewed research" (PRR) rather…