Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

The COVID-19 pandemic affected the ways in which school districts provide educational services to all students, especially students with disabilities. Eligible U.S. students with disabilities have a right to a free, appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), and students with disabilities who…

On March 16, 2020, Governor Jim Justice of West Virginia issued an emergency closure of all public schools, changing the education system overnight from a brick and mortar face-to-face model to a remote learning model. Students with disabilities receiving special education and related services continue to be entitled to procedural safeguards and a…

The participation and inclusion of students with disabilities in the general education setting has steadily increased over the past several years, facilitated in part by the amendments to the Individuals with Disabilities Education Act. Providing students with disabilities a free appropriate public education in this setting has proved to be…

In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.

This article presents a due process hearing case study of a mother who contended that his son, D.J., has been denied of a free and appropriate public education (FAPE) of his School District after being suspended from school. D.J., an elementary student, had been described as hyperactive, inattentive, defiant, and often volatile. He was identified…

Congress's role in defining and promoting equality of educational opportunity has evolved over the past 55 years since "Brown v. Board of Education." Most recently, all three branches of the federal government have focused more on equality of educational opportunity for "individual" students rather than for protected classes.…

Marnie is a resident of an unnamed School District ("the District"). In January 2000 at the age of 13, Marnie was involved in a bicycle accident that severely damaged her central nervous system, leaving her without use of her legs or left hand and cognitively impaired. She had not received special education previously. By September 2001,…

There is little question that today's society is a litigious one, and few professions can escape the realities of such. Although there is no mandate for national data collection on special education due process hearings (Ahearn, 2002), Chambers, Harr, and Dhanani (2003) estimate that more than 9,000 requests for dispute resolution are made per…

Compensatory educational services are now recognized as appropriate relief in meritorious cases arising under the Individuals with Disabilities Education Act. Summarizes the third generation of court decisions concerning this remedy in three categories: authority, standards, and scope. (39 footnotes) (MLF)

Anna is a 13-year-old student who has a learning disability and is eligible for special education and related services. Anna's parents enrolled her in the Private Academy for fifth grade; her frustration, inappropriate behaviors, and inattention had increased during fourth grade. In its year-end report, the Private Academy described Anna's…

Thanks to recent court interpretations of the Individuals with Disabilities Education Act, parents of handicapped students (under 21) may request not only a different placement, provision of related services, or tuition reimbursement, but also compensatory or remedial education services as a form of relief for alleged district violations. (51…

This document provides final regulations that amend the Title 1 program, under Part A of the Elementary and Secondary Education Act, for helping disadvantaged children meet high educational standards. These new regulations amend the schoolwide program requirements to allow a percentage of funds received by a local education agency (LEA) under Part…

This article explores the possible integration of Title 1 compensatory education and special education programs which currently coexist in about 65% of all public elementary schools. Integration is often achieved through cooperative teaching or blended funding of staff salaries. Profiles of local efforts at program integration are provided.…

Federal law provides for special educational services for children from disadvantaged backgrounds and for all children with disabilities. Questions arise regarding special educational services for parochial school children. A brief introduction to the two major federal programs for compensatory and special education is followed by an analysis of…