For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…

School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…

The COVID-19 pandemic has complicated the identification and delivery of special education services for students across the United States. Many students, regardless of previous disability status, are demonstrating increased academic, social-emotional, and medical needs in school in response to instructional disruptions and other impacts of the…

The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…

For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…

The modern meaning of "child find" under the IDEA is almost entirely a matter of court decisions, because the legislation (§ 1412[a][3][A]) and the regulations (§ 300.111) are limited to the historical obligation to "locate, identify, and evaluate" students with disabilities. More specifically, in interpreting and applying this…

Attention deficit hyperactivity disorder and ASD are two common neurobiological disorders in school-age children. In fact, approximately 6.4 million children between the ages of 4 and 17 have been diagnosed with ADHD since 2011 (Centers for Disease Control and Prevention, 2017). More recent prevalence estimates suggest that five percent of all…

In July 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued two documents to clarify and provide guidance on Federal obligations of school districts to students with attention deficit hyperactivity disorder (ADHD) under Section 504. This action was in response to numerous complaints (approximately 2,000 over 5 years)…

For this ninth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, this author provides a summary of a concussion- related case and provides responses to a series of questions by three members of the school psychology profession. The issue in this…

With the reauthorization of the Individuals with Disabilities Education Improvement Act (IDEA), focus has shifted as more states have begun to use a process of identifying learning disabilities based on a child's response to scientific, research-based interventions (i.e., RTI). The decision-making process has been converted into a series of…

Recently in a "New York Times" op-ed entitled "Is Special Education Racist?" Morgan and Farkas (2015) confront conventional wisdom that there are too many minority students in special education stating, "The real problem is that Black children are underrepresented in special education classes when compared with White…