Over the course of two short years and through quiet regulatory actions, many of which have not garnered many headlines, Secretary of Education Betsy DeVos has loosened accountability for U.S. schools and colleges, putting millions of students at risk of civil rights abuses and fraudulent financial schemes. Through aggressive use of its regulatory…

The importance of physical activity has received considerable attention during the past decade. Physical education has been viewed as a cost-effective way to promote physical activity as a public health initiative. In fact, the Centers for Disease Control and Prevention recommends that a "substantial percentage" of students' overall…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

This update of the legislation/regulations and case law specific to pre-K-12 gifted students since a cluster of publications in 2004-2005 primarily focuses on the "gifted alone" category, with only secondary attention to twice-exceptional and other students in the "gifted plus" category. For the gifted-alone category, the…

The State of Missouri has adopted the definitions in 34 Code of Federal Regulations (CFR) 303.5-303.24 of the Part C regulations and selected terms as defined in 34 CFR 77.1 and 74.3 for use in implementing the State's early intervention program. The Department of Elementary and Secondary Education (DESE) is the lead agency responsible for…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

At least three states have asked for permission to cut back on the money they provide districts for special education, under a built-in escape clause in the federal special education law that is aimed at financially struggling states. Iowa and Kansas have both been granted a waiver, which under the Individuals with Disabilities Education Act…

Renewal proposals for the Elementary and Secondary Education Act (ESEA), the current version of which is the No Child Left Behind (NCLB) Act, are still being discussed by congressional lawmakers and staff. Capitol Hill aides and U.S. Department of Education officials have suggested that a current federal regulation governing alternate testing for…

The decade following the publication of the No Child Left Behind Act 2001 was an innovative period with respect to inclusive assessment practices for students with disabilities (SWDs). As the United States educational policies under the Obama Administration's Race to the Top initiative re-conceive the inclusion of SWDs in state assessment-based…

When airline employees try to cart her wheelchair off to the cargo hold, disability advocate Jill Hindman becomes even more assertive than usual. Like Hindman, many people with disabilities are frustrated with air travel, especially in smaller planes. Complaints range from lavatories that are too cramped to move around in to armrests that won't…

This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…

The Affordable Care Act includes many new provisions for long-term services and supports (LTSS). Among these are several new options, improvements, and incentives within Medicaid to balance service systems and expand access to home and community-based services. This article discusses some of the major provisions, implementations, and implications…

Middle and high school students subjected to harsh school discipline policies and practices such as suspensions and expulsions are more likely to disengage from the classroom and course work, and increases their chances of dropping out, according to this new report from the Alliance for Excellent Education. The report recommends implementing…

The Individuals with Disabilities Education Act (IDEA) of 2004 established a requirement that all states develop and submit to the U.S. Department of Education, Office of Special Education Programs (OSEP) a performance plan designed to move the state from its current level of compliance with the statutory and regulatory requirements of the law and…

Special education as practiced today remains firmly anchored in the original logic of the Amendments to the Education of the Handicapped Act (PL 94-142). Subsequent reauthorizations of the statute have included language designed to increase access to the general curriculum by special needs students but have not addressed the underlying…