Over the past decade, the students of North Carolina Agricultural & Technical State University in Greensboro, North Carolina, the largest historically Black public university in the country, were forced into the spotlight of a national fight over voting rights that has been profoundly reshaping our democracy. During the 2018 midterm elections,…

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…

The article is a commentary on "Evaluating English Learner Reclassification Policy Effects across Districts," by Joseph R. Cimpian, Karen D. Thompson, and Martha B. Makowski, which is a wonderful display of the power of combining current analytic methods, present-day educational data sets, practitioner-researcher collaborative…

Right-to-work (RTW) laws neither provide opportunity for gainful employment nor a higher standard of living. In truth, by ending a union's ability to charge administrative fees to employees who benefit from their collectively bargained contract, these laws aim to weaken unions and silence workers. They are designed to help employers, not workers.…

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 discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

A recent Heritage Foundation report argues that Title IX does not require schools to protect students from discrimination on the basis of gender identity. It criticizes the Obama Administration for issuing guidance and enforcing Title IX to protect transgender students, and it urges the Trump Administration and courts to keep gender identity…

Data reveal that insufficient progress has been made in increasing the number of students with severe disabilities who are educated in general education classes. Agran et al. asked why this is happening and discussed determinants that may be affecting placement decisions that serve to segregate students from their peers. This article is a review…

Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

In this issue of "Learning Disability Quarterly" (LDQ), Professors Daves and Walker reply to my earlier LDQ article on confusion in the cases and commentary about the legal dimension of RTI. In this brief rejoinder, I show that their reply confirms rather than resolves the confusion in their original commentary in 2010. This persistent…

Health care has been an ongoing issue of public concern for decades, well before President Obama took office. Passage of the Affordable Care Act (ACA), also known as Obamacare, in March 2010 and upheld by a Supreme Court in June 2012. With Republicans now in control of both the House and Senate as well as the presidency, the ACA in its current…

Professional confusion, as well as case law confusion, exists concerning the fidelity and integrity of response to intervention (RTI) as a defensible procedure for identifying children as having a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA). Division is generated because of conflicting mandates…

In this issue, Professor Perry Zirkel argues that the points presented in the Dixon, Eusebio, Turton, Wright, and Hale treatise of the Forest Grove School District v. T.A. Supreme Court case confuses "legal requirements with professional norms." Although we appreciate Zirkel's acknowledgment that our position reflects the professional…

This article considers the effects of the Leahy--Smith America Invents Act, signed into law in September 2011, on the US patent system and its potential negative implications for US patent activities and patent culture. (Contains 2 notes.)

Response to intervention (RTI) is a major current issue at the intersection of general and special education, with the school psychologists in their usual central position. The literature is replete with scholarly and practical sources on RTI, but the legal sources are limited. A few articles provide systematic coverage of the relevant provisions…