One of the stated purposes of this Special Issue is to "discuss when and why intelligence has disappeared" in education. In this paper, I argue that intelligence is still heavily involved in public education in the United States due to the Individuals with Disabilities Education Act. Moreover, due to several factors, including high-profile court cases, intelligence tests are legally used in an inconsistent manner in special education decision-making throughout the U.S. These cases illustrate the complex issues surrounding the psychometric properties of intelligence tests, historical conflicts surrounding racial equity, differences in federal versus state policies, and methodological concerns surrounding special education policies are discussed.