Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…

This article delineates the four successive dimensions of the Individuals with Disabilities Education Act's (IDEA) central obligation of "free appropriation public education" that the courts have developed thus far: (a) procedural, (b) substantive, (c) incomplete implementation of the last Individualized Education Program (IEP), and (d)…

This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

Restraints and other aversives continue to be an active area of legal activity, particularly for students with disabilities. The March/April 2016 issue of Communiqué provided an update of the case law specific to school district use of restraints (Zirkel, 2016). Since then, various sources have provided successive snapshots of state restraint and…

The legal source of schools' use of response to intervention (RTI) is a matter of federal and state special education laws, although its implementation is largely a matter of general education practice. The only mention of RTI is in the Individuals With Disabilities Education Act (IDEA), and it is limited to identification of students with…

This study provides an analysis of case law concerning applied behavior analysis (ABA) for students with autism to determine outcome-related factors. The authors classified the 68 pertinent hearing/review officer and court decisions published in EHLR ("Education for Handicapped Law Report") and IDELR ("Individuals with Disabilities Education Law…

The primary purpose of this study is to determine a preliminary national percentage of students who are "504-only." The survey data reveal that 504-only students represent 1.2% of the public school population. There is a significant difference in the 504-only percentage with regard to school level, with middle and high schools having a…