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Perry A. Zirkel; Mitchell L. Yell – Exceptional Children, 2024
The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…
Descriptors: Individualized Education Programs, Students with Disabilities, Court Litigation, Equal Education
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Chovanes, Jacquelyn; Papalia, Anne O.; Bateman, David F.; Yell, Mitchell – Advances in Learning and Behavioral Disabilities, 2021
This chapter describes possible effects of the 2017 "Endrew F." Supreme Court decision that raised the "de minimus" standard established in 1982 in "Board of Education of the Hendrick Hudson School District v. Rowley." In Rowley, the court held school districts provided an appropriate education to students with…
Descriptors: Students with Disabilities, Court Litigation, Individualized Education Programs, Public Education
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Zirkel, Perry A. – Exceptionality, 2022
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…
Descriptors: Legal Responsibility, Progress Monitoring, Educational Legislation, Federal Legislation
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Mitchell L. Yell; M. Renee Bradley – Exceptionality, 2024
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…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Kern, Laura; Yell, Mitchell L. – Center on Positive Behavioral Interventions and Supports, 2020
This Practice Brief was developed as a result of the roundtable dialogue that occurred at the 2019 Positive Behavioral Interventions and Supports (PBIS) Leadership Forum in Chicago, Illinois, and is not intended to provide comprehensive legal guidance. Districts/schools should consult with their district's legal resources for deciding on legal…
Descriptors: Students with Disabilities, Positive Behavior Supports, Educational Legislation, Equal Education
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Yell, Mitchell L.; Katsiyannis, Antonis – Intervention in School and Clinic, 2019
Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…
Descriptors: Court Litigation, Special Education, Laws, School Law
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Dieterich, Cynthia A.; Kucharczyk, Suzanne; Brady, Kevin P. – Journal of Special Education Leadership, 2019
As mandated by federal law, all students with a disability who qualify for special education and related services must be provided a free appropriate public education (FAPE). With ongoing changes to statutory definitions and legal interpretation of what constitutes a FAPE under the Individuals with Disabilities Education Act (IDEA, 2004), it can…
Descriptors: Court Litigation, Individualized Education Programs, Students with Disabilities, Equal Education
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Hurwitz, Sarah; Decker, Janet R.; Linder, Ilana L. – Focus on Autism and Other Developmental Disabilities, 2020
In 2017, the U.S. Supreme Court provided a ruling regarding what constitutes an appropriate education for students with disabilities in "Endrew v. Douglas County." The case concerned a student with autism, and we use it to offer schools and families autism-related recommendations for practice and policy. We analyze the legal history of…
Descriptors: Court Litigation, Students with Disabilities, Autism, Pervasive Developmental Disorders
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Zirkel, Perry A. – Journal of Special Education Leadership, 2023
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…
Descriptors: Federal Legislation, Students with Disabilities, Court Litigation, Program Development
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Henry, Michelle; Johnson, Heather – Power and Education, 2018
This critical discourse analysis examines the construction of an "appropriate" education by Florida administrative law judges in their special education final orders over time. The results indicate that despite each child being different, the construction of an appropriate education was uniform within the given time periods. Prior to the…
Descriptors: Court Litigation, Educational Legislation, Federal Legislation, Equal Education
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Yell, Mitchell; Smith, Carl; Katsiyannis, Antonis; Losinski, Mickey – Journal of Positive Behavior Interventions, 2018
In the past few years, the provision of mental health services in public schools has received considerable attention. When students with disabilities are eligible for special education and related services under the Individuals With Disabilities Education Act (IDEA), mental health services are required if such services are needed to provide…
Descriptors: Mental Health, Court Litigation, Special Education, Disabilities
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Yell, Mitchell L.; Bateman, David F. – TEACHING Exceptional Children, 2017
Thirty-five years ago, the U.S. Supreme Court announced its decision in "Rowley" (1982). The case, which was the first special education case to be heard by the Court, ruled on the question of what constituted Free Appropriate Public Education (FAPE) for students with disabilities under the Education for All Handicapped Children Act of…
Descriptors: Disabilities, Public Education, Court Litigation, Educational Legislation
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Kern, Laura; George, Heather Peshak; Evanovich, Lauren L.; Martinez, Stephanie – Journal of the American Academy of Special Education Professionals, 2019
The Supreme Court case of "Endrew F. v. Douglas County District RE"-1 (2017) has renewed interest in the Free and Appropriate Public Education (FAPE) mandate of the Individuals with Disabilities Act (IDEA). The court's ruling expands the term "appropriate" to a consideration of progress for academics and behavior. This shift…
Descriptors: Court Litigation, Educational Legislation, Equal Education, Federal Legislation
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Yell, Mitchell L.; Bateman, David; Shriner, Jim – TEACHING Exceptional Children, 2020
This article concludes this special issue by highlighting some of the most important points from the U.S. Supreme Courts decision in "Board of Education v. Rowley" (1982) and "Endrew F. v. Douglas County School District" (2017) but also discussing another crucial point to which school district personnel must adhere to ensure…
Descriptors: Individualized Education Programs, Program Development, Program Implementation, School Districts
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Yell, Mitchell L. – Behavioral Disorders, 2019
In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…
Descriptors: School Districts, Individualized Education Programs, Emotional Disturbances, Behavior Disorders
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