When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…

The professional literature is largely lacking with regard to current information about state systems for complaint procedures (CP) as compared with the much more common knowledge of the due process hearing mechanism of the Individuals with Disabilities Education Act (IDEA). This article begins with an overview of the professional literature,…

To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

The purpose of this article is to present an updated comprehensive synthesis of the law, starting with the statutory provisions and culminating in the case law specific to the procedural and substantive requirements for manifestation determinations (MDs) under IDEA, as amended in 2004. Procedural requirements include issues such as who must make…

For this eighth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, consider the summary of the concussion-related case below and the questions-and-answers after it. The overlapping issues in this case are child find, evaluation, and eligibility of…

Educators and the public believe that it is exceedingly difficult to terminate incompetent teachers because of their legal protections in federal civil rights law, state tenure laws, and--even for states that do not have tenure laws-- the procedural and substantive requirements that are specific to performance evaluation in state and local…

This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the…

School leaders are familiar with the Individuals With Disabilities Education Act, but they also need to be legally literate about Section 504 of the Rehabilitation Act. This need is particularly pressing in the wake of significant recent changes in Section 504 as a result of the Americans With Disabilities Amendments Act. This case illustrates the…

This article maps out the similarities and differences among the various routes to Individuals with Disabilities Education Act (IDEA) and Section 504 dispute resolution, including those not widely and well known to special education leaders. For IDEA-eligible students, the alternative avenues consist of not only the impartial hearing procedures…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

In November 2008, Congress passed, and the President signed, the Americans with Disabilities Act (ADA) Amendments (ADAA), with an effective date of January 1, 2009. While other issues, such as the national economic crisis, dominated public attention at the time, the ADAA unobtrusively connected to Section 504 of the Rehabilitation Act of 1973…

The modern history of the legal protections for students with learning disabilities in K-12 education focuses on the Individuals with Disabilities Education Act (IDEA), which is funding legislation with detailed accompanying regulations that, respectively, are periodically revised as part of the reauthorization process. In contrast, Section 504 of…

Touted as a more effective approach to determining eligibility for specific learning disability (SLD) than establishing a severe discrepancy between ability and achievement, response to intervention (RTI) represents various models that share these common characteristics: (a) multiple tiers of scientific, research-based interventions; (b)…

The primary purpose of this study is to determine a preliminary national percentage of students who are "504-only." The survey data reveal that 504-only students represent 1.2% of the public school population. There is a significant difference in the 504-only percentage with regard to school level, with middle and high schools having a…

Recounts the case of Lauren, a moderately disabled student suspended for disruptive, aggressive behavior before the Individuals with Disabilities Education Act was amended. The Seventh Court of Appeals upheld the suspension. The majority of such cases have gone against districts, reflecting a relatively high judicial standard of dangerous…