Appropriately identifying children with disabilities--in ways that are timely, comprehensive, and accurate--is critical for ensuring that learners receive the supports they need to meet early milestones and succeed in school. In turn, the Individuals with Disabilities Education Act (IDEA) charges states and school districts with: (1) finding all…

The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

This article describes the results of a disabled children's childhood studies analysis of Section 1414 of the Individuals with Disabilities Education Act (2004), which outlines definitions and procedures related to evaluations, eligibility determinations, individualized education programs (IEP), and educational placements for disabled children in…

This report includes guidance, considerations, and resources for state staff and local practitioners who are determining Part C eligibility remotely. As a result of COVID-19, many states are having to determine a child's eligibility for Part C services remotely using a variety of approaches such as teleconference, videoconference, and sharing…

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…

The Vocational Rehabilitation (VR) program is the largest workforce program in the United States, providing employment services to people with disabilities to help them retain or enter competitive integrated employment commensurate with their abilities and capabilities. During the pandemic, state VR services were significantly affected and in some…

Under the Individuals with Disabilities Act, parents are entitled to due process procedural safeguards. These safeguards are intended to ensure that parents of children with disabilities are offered the educational rights as those without disabilities. Research in due process hearing requests nationwide is limited, and non-existent in the Ninth…

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,…

Early Discovery is a program that supports mildly delayed young children who did not qualify for Part B/C services. Our goals were to: (1) provide high-quality services; (2) educate and empower parents/caregivers; (3) link families to community resources; and (4) reduce the need for special education. Services included speech-language,…

Authors conducted a systematic literature review on early identification steps leading at-risk young children to connect with Part C services. Authors classified data collection settings as primary (settings for general population) or specialized (settings for children at risk of developmental delay) and according to the phases of early…

The Tennessee Department of Education (TDOE) discovered that infants and toddlers who were referred for Part C services and initially found ineligible for a full evaluation through screening were being re-referred and later found eligible for services at a high rate. This report presents the systematic evaluation process that TDOE's Tennessee…

Emotional Disturbance (ED) is one category under which a student can be evaluated and determined eligible to receive special education and related services. Students who experience ED are at greater risk for a host of negative long-term outcomes that include poor social, behavioral, and academic achievement in school, which in turn may impact…

When discussing the eligibility determination of students with specific learning disabilities (SLDs), the legal obligation to identify, locate, and evaluate all children in need of specially designed instruction--child find--should also be in the forefront. The Individuals with Disabilities Education Act (IDEA) requires public schools to initiate…