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Mitchell L. Yell; Michael A. Couvillon; Antonis Katsiyannis – Intervention in School and Clinic, 2024
The U.S. Supreme Court has heard several cases regarding special education. These cases have resulted in decisions that have addressed issues involving special education programming and procedural issues. On March 21, 2023, the U.S. Supreme Court issued a unanimous ruling in "Perez v. Sturgis Public Schools." This decision, which was the…
Descriptors: Educational Legislation, Federal Legislation, Equal Education, Students with Disabilities
Perry A. Zirkel – Communique, 2024
School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…
Descriptors: Learning Disabilities, Students with Disabilities, Special Education, Educational Legislation
Mitchell L. Yell; M. Renee Bradley – Exceptionality, 2024
In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Perry A. Zirkel; Mitchell L. Yell – Exceptional Children, 2024
The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…
Descriptors: Individualized Education Programs, Students with Disabilities, Court Litigation, Equal Education
Yell, Mitchell L.; Edlein, Rachel; Katsiyannis, Antonis – Intervention in School and Clinic, 2023
In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…
Descriptors: Drug Use, Drug Therapy, Marijuana, Special Education
Perry A. Zirkel; Zorka Karanxha – Journal of Special Education Leadership, 2024
As the follow-up to an earlier examination of the frequency and outcomes trends of published court decisions under the IDEA for P-12 students, this updated analysis covers the 25-year period ending on December 31, 2022. The frequency trend for the most recent 10 years reversed the upward trajectory of the previous 15 years. The outcomes trend for…
Descriptors: Longitudinal Studies, Educational Trends, Special Education, Court Litigation
Pisacone, Joanna – Journal of Student Affairs, New York University, 2022
The process of providing students with disabilities access to an education that is of appropriate quality is still a relatively new endeavor. Students with disabilities benefit from the support of family, educators, and many other professionals addressing the inequality that is faced in school. Ultimately, progress has been achieved from…
Descriptors: Special Education, Educational Legislation, Inclusion, Educational Change
Zirkel, Perry A. – Journal of Special Education Leadership, 2023
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…
Descriptors: Students with Disabilities, Home Instruction, Student Placement, Home Schooling
Yell, Mitchell L.; Prince, Angela M. T.; Katsiyannis, Antonis – Intervention in School and Clinic, 2022
Five days after the U.S. Supreme Court handed down its ruling in "Endrew F. v. Douglas County School District," the U.S. Court of Appeals for the Ninth Circuit issued a decision in "M.C. v. Antelope Valley Union High School District." This important decision involved a student who was being served under the Individuals with…
Descriptors: Court Litigation, Special Education, Students with Disabilities, Individualized Education Programs
Zirkel, Perry A. – Communique, 2022
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…
Descriptors: Special Education, Educational Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A. – Communique, 2021
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…
Descriptors: Learning Disabilities, Students with Disabilities, Educational Legislation, Eligibility
Hoxie, Natalie Auyong – ProQuest LLC, 2022
Due Process Hearings are one of three formal dispute resolution procedures provided to parents of children with disabilities by the Individuals with Disabilities Education Act of 2004 (IDEA). Whereas students receiving special education typically comprise approximately 14% of student enrollment, litigation tied to special education disputes…
Descriptors: Content Analysis, Parent Participation, Special Education, Civil Rights
Zirkel, Perry A. – Exceptionality, 2022
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…
Descriptors: Legal Responsibility, Progress Monitoring, Educational Legislation, Federal Legislation
Zirkel, Perry A. – Communique, 2021
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…
Descriptors: Educational Legislation, Federal Legislation, Students with Disabilities, Equal Education
Wehmeyer, Michael L. – Phi Delta Kappan, 2022
Author Michael Wehmeyer began his career in special education shortly after the passage of the 1975 Education for All Handicapped Children Act (which later became the Individuals with Disabilities Education Act, or IDEA). In those early days, he recounts, students with disability were mostly segregated from other children, and many of the adults…
Descriptors: Special Education, Educational History, Students with Disabilities, Equal Education