The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…

The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…

This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…

The prevalence rate of autism spectrum disorder (ASD) has grown dramatically, and the Individuals with Disabilities Education Act (IDEA) requires educators to use evidence-based practices to improve academic and/or behavior outcomes for children with ASD. There is definitive scientific evidence regarding the effectiveness of applied behavior…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIP) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act (2017) makes no mention of FBAs or BIPs, and the Individuals with Disabilities…

This article concludes this special issue by highlighting some of the most important points from the U.S. Supreme Courts decision in "Board of Education v. Rowley" (1982) and "Endrew F. v. Douglas County School District" (2017) but also discussing another crucial point to which school district personnel must adhere to ensure…

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…

Compensatory education, also known as compensatory services, is a judicially created remedy which entitles a student to receive additional special education and related services, accommodations, and modifications when their rights under the Individuals with Disabilities Education Act (IDEA) have been violated. This report contains answers to…

Compensatory education, also known as compensatory services, is a judicially created remedy which entitles a student to receive additional special education and related services, accommodations, and modifications when their rights under the Individuals with Disabilities Education Act (IDEA) have been violated. This report contains answers to…

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…

Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

School psychologists have a close, often uncomfortable relationship with the law, as much of what they do from day to day is defined by the Individuals with Disabilities Education Improvement Act (IDEA, 2004) and related state law. However, judges deciding cases often do not have a detailed understanding of how education and schools work, and…

Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student's need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the…

The U.S. Supreme Court ruling, of March 2017, favored the plaintiff, Endrew F. in the "Endrew F. v. Douglas County School District" case. This decision strengthens the Rowley decision of 1982 and has raised the bar requiring an increased responsibility for Districts to provide programs to eligible students with disabilities the…