This article provides foundational information to stimulate and facilitate assessment of the distinctive role of law in this field. For example, has the balance of costs and benefits reached the point of over-legalization? Similarly, to what extent is legal literacy essential for special education teachers and related service personnel as compared…

Special education stands at a pivotal juncture, confronting both existential challenges and transformational opportunities. The U.S. Department of Education's Office of Special Education Programs (OSEP) is not upholding its mandate of promoting the Individualized Education Program (IEP). I underscore the centrality of the IEP in the…

The history of the people, problems, and politics surrounding the establishment of federal special education policy is rich with useful illustrations for advocates and educators. As the 50th anniversary of IDEA approaches, we use a historical perspective to consider how the promise of the law -- to ensure access to a free appropriate public…

The social movement toward cultural relativism has led to a growing distrust and even disbelief in the value of scientific inquiry regarding the effects of, or the need for, special education for students with disabilities. The authors examine the basic underpinnings of scientific methodology and its fundamental role in establishing best practice…

This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

The purpose of this paper is to define and describe the 'Telos' or purpose of special education. We argue that special education has three main (tripartite) functions: (a) research, (b) a distinct system, and (c) special instruction. The overall Telos of special education is to provide an educational service to better serve students whose…

Efforts to address the identified needs of labeled groups of children (e.g. identified with disabilities, considered at-risk) may magnify difference and further stigmatize children labeled as different. In this article, we introduce a relational framework to the field of inclusive early childhood education that reframes perceptions of difference…

We overview several key issues of the past, present, and near future of special education for students with severe disabilities. We contextualize the Telos of special education by briefly remarking on its historical roots in the United States, then delve into several issues we believe are critical for advancing toward better outcomes for students…

The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

The implementation of prereferral models was being discussed in educational literature as early as 1979. Over the past decade, schools in the United States have begun to adopt prereferral models to meet multiple goals, such as reducing inappropriate referrals to special education, supporting students who face academic and behavioral challenges,…

Social policies can be well-intentioned but ineffective in achieving what is intended. They can be undermined or destroyed by their exaggerated or oversimplified caricatures with a single, narrow focus. Caricatures may result in the opposite of the original intent of more carefully crafted variants. Institutionalization and deinstitutionalization…

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…

Around the world, we are seeing the highest number of displaced people to date, with an increasing trend since 2012. With the U.S. historically being leaders as a receiving country for refugee resettlement, research needs to focus on supporting refugee families with children with disabilities and the teachers who serve them. Literature in special…

The provision of school-based mental health services (SBMHS) to students with disabilities is inadequate and insufficient. We propose that this failure to provide SBMHS to students with disabilities is due to (a) mental health services not consistently recognized as a related service under the Individuals with Disabilities Education Act (IDEA),…

We suggest that special education could die among common myths about it. That is, special education could cease to exist, at least as we know it, because its true nature and requirements for its functioning are misunderstood. We discuss only 12 common myths about special education, recognizing that there are many more myths and that the ones we…