In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.

The legal source of schools' use of response to intervention (RTI) is a matter of federal and state special education laws, although its implementation is largely a matter of general education practice. The only mention of RTI is in the Individuals With Disabilities Education Act (IDEA), and it is limited to identification of students with…

The primary purpose of this article is to track the trend in the number of due process hearings that have been adjudicated under the IDEA (i.e., in which the hearing officer issued a written decision) nationally for the past 15 years. The secondary purpose is to rank order the states by the number of adjudicated hearings both on an overall basis…

This article presents questions regarding the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and its 2006 regulations. The author's answers to these questions are presented.

This article presents questions regarding the Individuals with Disabilities Education Act, its 2004 and 2006 regulations, and the No Child Left Behind Act. The author's answers to these questions are presented.

Students with specific learning disability ("SLD") account for approximately half of all students that districts have determined to be eligible for special education under the Individuals with Disabilities Education Act ("IDEA"). Since the late 1970s, the IDEA regulations have required states to use severe discrepancy--based on…

The modern history of the legal protections for students with learning disabilities in K-12 education focuses on the Individuals with Disabilities Education Act (IDEA), which is funding legislation with detailed accompanying regulations that, respectively, are periodically revised as part of the reauthorization process. In contrast, Section 504 of…

A systematic analysis of the references to "scientifically based research" (SBR) and closely related terms, such as "peer-reviewed research" (PRR), in the Individuals with Disabilities Education Act (IDEA) legislation, regulations, commentary, and case law reveal that SBR and its primary variants apply largely to state support…

This article presents questions regarding the Individuals with Disabilities Education Act (IDEA) regulations and the No Child Left Behind Act. The author's answers to these questions are presented.

This article provides a systematic synthesis of the agency and court rulings that apply Section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act to interscholastic athletics. The resulting framework also offers insight into how these federal statutes may pertain to…

Legislation concerning teacher evaluation has been limited to date, and surprisingly little litigation has reached the courts. Although there are federal overlays and local interplay, the law of teacher evaluation is largely a state matter. This legal report gives an overview of the federal and state laws, discusses what the statutes say, and…

The purpose of this analysis is to systematically survey the impasse resolution provisions of the 30 state statutes governing teacher-board negotiations and to tentatively explore via statistical techniques whether there is a significant relationship between the degree of compulsion in such provisions and the type and comprehensiveness of such…

This comprehensive overview of state and federal legislation concerning gifted education demonstrates that the primary source of law relating to gifted students is at the state level. Several administrative appeal decisions have been made in Pennsylvania. Litigation to expand entitlement based on federal law has been less successful than…