In "Endrew F. v Douglas County School District RE-1," the U.S. Supreme Court affirmed the requirement that schools provide special education services designed to confer educational benefit that is more than de minimis. "Endrew" offers an opportunity for the special education community to consider whether students with learning…

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…

The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…

Under the Americans with Disabilities Act (ADA), people with disabilities are guaranteed access to all postsecondary programs and services. The purpose of this study, conducted by the Center for Excellence in Disabilities, was to evaluate the current status of a major university's web accessibility. The results indicated that in 2011 only 51% of…

A range of changes, in politics and economics internationally as well as in thought about learning and society, now make the time right for a re-think of inclusive education, a re-think that ceases to employ the constructs and cliches of the past in explaining students' difficulties at school. There exists new discourse on difference, which throws…

Specific learning disability (SLD), although moderately declining in recent years, continues to be the largest of the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; NCES, 2012). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for identifying students with…

A previous exploratory analysis revealed that students with autism were notably overrepresented in published court decisions concerning the IDEA's core concepts of "free appropriate public education" (FAPE) and "least restrictive environment" (LRE). More specifically, for the period 1993 to 2006, the proportion of this…

The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 makes significant and controversial changes to the Individuals with Disabilities Education Act (IDEA). Two very significant changes in this law are provisions that (a) allow school districts to spend up to 15% of their IDEA Part B funds on early intervening services in…

Parents with learning disabilities frequently become involved with child protection and judicial proceedings. Parents report not understanding and being disempowered by the child protection system. This paper presents fourteen parents' views regarding how two specialist advocacy services supported them during child protection. The parents believed…

In reversing an expulsion order for a high-school student suffering from (undiagnosed) ADD, a federal district court judge has limited schools' ability to punish students with disabilities for serious offenses like vandalism. Nondisabled culprits escaped expulsion by withdrawing from school. All three boys were criminally prosecuted. (MLH)

This article documents the eligibility procedures and student assessment result of a project for identifying university students with learning disabilities. Many legal issues are relevant in the classification of young adults with disabilities, including the use of standardized procedures for establishing disability status which are meant to…

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

Discusses the case of an 8-year-old boy with Attention Deficit Hyperactivity Disorder, problem behavior, and good grades, who was denied eligibility for special education under IDEA's "other health impaired" clause and Section 504. The court "ducked" on the parent's second claim concerning level of services available under…

This article provides the author's historical account of the chronological developments and milestones for learning disabilities (LD) in the context of the courts, legislatures, and Congress. Three decades later it is helpful to examine the status of the education of students with LD from a policy perspective in the context of the historical…

Several recent court decisions provide ammunition for fighting over-identification of students who have impairments (like Attention Deficit Disorder) but who fail to meet the remaining eligibility requirements under Section 504 of the 1973 Rehabilitation Act. Distinguishing between Section 504 and IDEA requirements is crucial. (MLH)