The U.S. law governing special education, the Individuals with Disabilities Act (IDEA), requires that students with disabilities be provided a free and appropriate public education (FAPE) in the least restrictive environment (LRE). However, given the interpretive latitude within the law and the wide discrepancy in how this law is applied,…

With this position paper, we advance the case for reformation of U.S. special education law and praxis. These have undergone mostly incremental changes over the five decades since their inception despite a substantial body of evidence amassed over this period, which points to a major gap between extant policy and praxis, and contemporary cultural…

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 the years since the 2015 reauthorization of the Elementary and Secondary Education Act (ESEA) as the Every Student Succeeds Act (ESSA) placed a 1.0% cap for states on participation in the alternate assessment based on alternate academic achievement standards (AA-AAAS), states have worked hard to navigate the new restrictions on participation in…

As required by 20 U.S.C. 1407 and 34 C.F.R. § 300.199, the Ohio Department of Education is identifying in writing to local educational agencies and the United States Department of Education the state-imposed special education rules, regulations, and policies adopted by the State Board of Education that are not required by Part B of the Individuals…

When education initiatives set out to help those who have been "historically disadvantaged or historically marginalized," they perfectly describe students with disabilities. Yet too often, these students have been excluded from conversations about equity in education. Congress opened public school doors for millions of children with…

The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student's individualized…

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…

Ten high school special education teachers were interviewed on their perceptions of the process in place for transitioning students with mild to moderate autism spectrum disorder (ASD). In many cases, it was determined that although through individual education plans (IEP), students with mild to moderate ASD were provided accommodations and…

Policies for talented students with disabilities, or twice-exceptional students, exist in very few states across the country. Historically, families of twice-exceptional students have found most of their support though implementation of Individualized Education Plans (IEPs) or 504 Accommodation plans. Yet, there is no federal mandate for gifted…

California Senate Bill 74, Budget Act of 2020, required the California Department of Education (CDE) to conduct a study to examine the state's current governance and accountability structures that support California students with an individualized education program (IEP). The study was intended to focus on the end goals of improving outcomes for…

The discussion of enrollment of students with disabilities in charter schools focuses on fundamental questions related to equal access and has not typically explored the quality of special education programming available. However, absent quality support and services, access to charter schools is essentially a hollow promise. This report examines…

In 2007, the Early Hearing Detection and Intervention (EHDI) law was passed in Minnesota mandating newborn hearing screening. Recognizing that a number of state-level agencies and statewide advocacy and direct services organizations share responsibility for serving deaf, deafblind, and hard of hearing children and youth, the Minnesota Commission…

Assessment is an important part of an overall quality educational program and is, in fact, an integral part of improving classroom instruction. The purpose of educational assessments is to provide an academic check- up and to give educators and parents meaningful information on what students know and can do, and how well they are progressing…

Schools funded by the Bureau of Indian Education (BIE) are required under the Individuals with Disabilities Education Act (IDEA) to provide services for eligible students with disabilities, such as learning disabilities or health impairments. Services for these students are listed in individualized education programs (IEP). The Department of…