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…

Special education stands at a pivotal juncture, confronting both existential challenges and transformational opportunities. The U.S. Department of Education's Office of Special Education Programs (OSEP) is not upholding its mandate of promoting the Individualized Education Program (IEP). I underscore the centrality of the IEP in the…

This article provides foundational information to stimulate and facilitate assessment of the distinctive role of law in this field. For example, has the balance of costs and benefits reached the point of over-legalization? Similarly, to what extent is legal literacy essential for special education teachers and related service personnel as compared…

The history of the people, problems, and politics surrounding the establishment of federal special education policy is rich with useful illustrations for advocates and educators. As the 50th anniversary of IDEA approaches, we use a historical perspective to consider how the promise of the law -- to ensure access to a free appropriate public…

We overview several key issues of the past, present, and near future of special education for students with severe disabilities. We contextualize the Telos of special education by briefly remarking on its historical roots in the United States, then delve into several issues we believe are critical for advancing toward better outcomes for students…

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…

The implementation of prereferral models was being discussed in educational literature as early as 1979. Over the past decade, schools in the United States have begun to adopt prereferral models to meet multiple goals, such as reducing inappropriate referrals to special education, supporting students who face academic and behavioral challenges,…

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…

The increase in English learners (ELs) with disabilities has been reported by others, yet little is known about the transition planning meeting experiences of this population and their post-school expectations. This study explored transition planning experiences and post-school expectations of a nationally representative sample of ELs with…

Social policies can be well-intentioned but ineffective in achieving what is intended. They can be undermined or destroyed by their exaggerated or oversimplified caricatures with a single, narrow focus. Caricatures may result in the opposite of the original intent of more carefully crafted variants. Institutionalization and deinstitutionalization…

Parental engagement in special education promotes positive student outcomes and parent-school relationships. In order to promote engagement, parents must possess a basic knowledge and understanding of special education processes and parent and student rights. Little is known regarding parental knowledge about special education or how they learn…

Family involvement is an essential component of the special education process for youth with intellectual and developmental disabilities (IDD). In addition to the legal requirement that parents should be equal partners in the decision-making of the student's individualized education program (IEP) program (IDEA, 2004), a bulk of empirical research…

The purpose of this study is to replicate a study conducted by Hux, Marquardt, Skinner, and Bond (1999) in which the researchers explored the frequency of traumatic brain injuries (TBI) in the special education population as compared to the frequency of TBI among students in general education. Hux and colleagues (1999) found that roughly…

Legally, the ultimate criterion for eligibility under the Individuals with Disabilities Education Act (IDEA) is whether the child needs special education. A new decision by the Ninth Circuit Court of Appeals suggests that providing various interventions and accommodations in general education might mean that a child who meets the criteria for any…

Classification changes are common in special education. Using the first four years of the Pre-elementary Education Longitudinal Study data set (N = 3000), we investigated national trends in classification changes among young children with disabilities, the relationship between classification changes and children's demographic information, and the…