The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…

This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…

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…

In this article, we analyze the Supreme Court's decision in "Endrew F. v. Douglas County School District RE-1" (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the "Endrew" decision with…

This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…

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…

A review of the legal background of suspension and expulsion as they pertain to handicapped individuals and guidelines outlined by the landmark cases, S-1 v. Turlington and Kaelin v. Grubbs are cited. A discussion of critical issues still not addressed by statute, regulation, or litigation is also reviewed. (Author/CL)

The article analyses Board v. Rowley's meaning for "appropriate" education and justifies the rightness of that decision in terms of its impact on the education of the child and the integration of children who have disabilities with children who do not. (Author/CL)

The background and implications of the Supreme Court's ruling in the Rowley decision are reviewed, and the author suggests that the court, in deciding in favor of the state education agency, failed to consider congressional intent regarding special education due process. (Author/CL)

Two recent Supreme Court cases, Pennhurst v. Halderman and Board of Education v. Rowley, are analyzed for their implications regarding handicapped persons. Both decisions suggest a reduced federal role in determining what constitutes appropriate programs and services for the handicapped. (Author/CL)

Throughout the course of litigation (Frederick L. v. Thomas) the federal court has served as mediator in effecting sweeping changes in programs for learning disabled students. These changes have provided for special education of the learning disabled from school entry to age 21 and include provision for equal access to vocational training for…

In Burlington School Committee v. Department of Education, Commonwealth of Massachusetts, the U.S. Supreme Court held that the law does not bar parents from making unilateral placements, but they may be reimbursed only if the private educational program is eventually approved through the appeal set forth in the law. (Author/CL)

Decisions of New York's Commissioner of Education regarding private school placement of handicapped children are analyzed according to categories: least restrictive environment, placements made by parents, untimely appeals or procedural defects, and exhaustion of all other administrative due process procedures. Implications of the Windward and…

The purpose of extended year programs for severely handicapped students is pointed out and factors involving eligibility, funding, and cost-effective delivery models are analyzed. (CL)

The background and effects of Luke S. and Hans S. vs. Nix et al, a class action suit in Louisiana are discussed. The resulting changes in assessment practices, includng prereferral intervention, curriculum based assessment, and state-wide inservice training for assessment staff are noted. (Author/CL)