This article highlights the trends in state laws and judicial rulings specific to identification of and interventions for students with dyslexia.

For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…

The modern meaning of "child find" under the IDEA is almost entirely a matter of court decisions, because the legislation (§ 1412[a][3][A]) and the regulations (§ 300.111) are limited to the historical obligation to "locate, identify, and evaluate" students with disabilities. More specifically, in interpreting and applying this…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

In July 2022, the United States Department of Education Office for Civil Rights issued guidance on supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act of 1973. The purpose of this guidance is to remind schools of their obligations under the law specific to…

For this seventh article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, consider the summary of the disability-related case below and the questions and answers after it. The disability focus here is specific to the school psychologist, not the…

Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for…

For this 16th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the consequences of student concussions under the Individuals with Disabilities Education Act (IDEA) and/or the Rehabilitation Act of 1973 Section 504. More specifically,…

For this 17th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the Individuals with Disabilities Education Act's (IDEA) central obligation, free appropriate public education (FAPE). More specifically, the focus here is procedural and…

Nonpublic schools (NPSs) are used by local education agencies (LEAs) across the country to serve students with exceptional needs. These students are often reported to suffer from mental health challenges and engage in severe problem behaviors. The social and financial costs associated with NPS placements are significant, and it is imperative that…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

Attention deficit hyperactivity disorder and ASD are two common neurobiological disorders in school-age children. In fact, approximately 6.4 million children between the ages of 4 and 17 have been diagnosed with ADHD since 2011 (Centers for Disease Control and Prevention, 2017). More recent prevalence estimates suggest that five percent of all…

In July 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued two documents to clarify and provide guidance on Federal obligations of school districts to students with attention deficit hyperactivity disorder (ADHD) under Section 504. This action was in response to numerous complaints (approximately 2,000 over 5 years)…

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…