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Zirkel, Perry A.; Irwin, Lauren; Locuniak, Maria N. – Communique, 2023
This next article in the series on evaluation under the Individuals with Disabilities Education Act (IDEA) focuses on the common, core responsibility of school psychologists for timely completion of the initial evaluation. For this topic, first is a legal analysis and then a discussion for professional implementation that includes ethical…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
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Stephanie Courson; Mya H. Kelley; Ekemini Eshiett; Bronwyn Bigger; Antonis Katsiyannis – Intervention in School and Clinic, 2025
Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in…
Descriptors: Federal Legislation, Civil Rights Legislation, Students with Disabilities, Student Rights
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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
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Elizabeth Zagata – Learning Disabilities Research & Practice, 2024
Dyslexia is a word-level reading disability that impacts decoding and encoding skills (International Dyslexia Association [IDA], 2002). The estimated prevalence of individuals impacted by dyslexia varies from 5% to 20% (Phillips & Odegard, 2017). In the United States, the primary legislation overseeing special education is the Individuals with…
Descriptors: Dyslexia, Federal Legislation, Equal Education, Educational Legislation
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M. Ally Keene; Omar Sanchez; MacKenzie Pigg; Deborah Shapiro; Suzanna Dillon – Journal of Physical Education, Recreation & Dance, 2024
Physical educators, including adapted physical educators, are often called upon to advocate for their students with disabilities, their physical education programs, or themselves to affect change in practice or a student's Individualized Education Program. These advocacy efforts are most effective when physical educators are knowledgeable about…
Descriptors: Students with Disabilities, Physical Education, Individualized Instruction, Advocacy
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Juli L. Taylor; William A. Proffitt; Jake Cornett; Wayne Sailor – Journal of Special Education, 2025
This scholarly review presents a case for transforming special education rather than reauthorizing special education law in its present form and, in doing so, reconceptualizing the inclusion movement to recognize marginalizing influences. A comprehensive review of research, policy reviews, and observations of praxis is undertaken to examine…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Krista Kaput; Jennifer O’Neal Schiess – Bellwether, 2024
IDEA is the cornerstone federal law that safeguards and promotes the educational rights of children with disabilities. It was enacted in 1975 as the Education for All Handicapped Children Act (EHA), which established a right to a free appropriate public education (FAPE) for all children with disabilities for the first time. Before the EHA, there…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
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Cathy MacDonald; John Foley; Megan Valentine – Journal of Physical Education, Recreation & Dance, 2024
Service animals can play an integral role in the lives and education of students with disabilities. In addition to assisting with physical tasks, service animals can improve confidence, independence and quality of life for students, as well as help them to meet their educational goals. Teachers, coaches and administrators should have the knowledge…
Descriptors: Animals, Students with Disabilities, Compliance (Legal), Civil Rights Legislation
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Rachel Grimsby; Erika J. Knapp – Arts Education Policy Review, 2024
State governments have the purview to interpret federal special education policies as they see fit. Interpretations of these policies to music education rarely are addressed within state special education policy. The authors selected four states to analyze and compare state special education policies; Illinois, Michigan, Texas, and Virginia.…
Descriptors: Special Education, Educational Legislation, Music Teachers, Music Education
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
Council for Exceptional Children, 2024
The Council for Exceptional Children (CEC) advocates for the full participation of all children and youth with disabilities and/or identified as gifted and talented in educational programming that promotes positive academic, social emotional, and adaptive/independent living outcomes and sets the stage for lifelong success. This position statement…
Descriptors: Children, Adolescents, Disabilities, Equal Education
Catherine Citta – ProQuest LLC, 2024
Policymaking at the federal level is a complex process that occurs across the three branches of government. There are many potential sources that policymakers can reach out to in order to inform their decision-making, but one not yet explored in early intervention (EI) federal policymaking is organizations. EI includes services for infants and…
Descriptors: Early Intervention, Policy Formation, Federal Government, Educational Legislation
National Center for Systemic Improvement at WestEd, 2023
The State Performance Plan/Annual Performance Report (SPP/APR) is an important tool for states to assess local education agency (LEA) implementation of IDEA. However, reviewing LEA performance on the SPP/APR indicators must not be the only tool. This Fast Five introduces five factors (plus one!) other than the SPP/APR indicators that states should…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
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Fitch, E. Frank; Hulgin, Kathleen M.; Coomer, M. Nickie – International Journal of Qualitative Studies in Education (QSE), 2023
The rapid growth of special needs vouchers has been accompanied by the loss of historic civil rights and protections under the Individuals with Disabilities in Education Act (IDEA) and the Americans with Disabilities Act (ADA). We examine three of the largest special needs voucher programs in the United States: those in Florida, Georgia and Ohio.…
Descriptors: Educational Vouchers, Special Needs Students, Deception, Inclusion
Zirkel, Perry A. – Communique, 2022
Extended school year (ESY) under the Individuals with Disabilities Education Act (IDEA) has become a more frequent issue as a result of the learning loss and increased needs of some special education students due to the COVID-19 pandemic. School psychologists often play a significant role in implementation of the IDEA requirements specific to ESY.…
Descriptors: Extended School Year, Educational Legislation, Equal Education, Federal Legislation
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