Professional confusion, as well as case law confusion, exists concerning the fidelity and integrity of response to intervention (RTI) as a defensible procedure for identifying children as having a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA). Division is generated because of conflicting mandates…

Several recent documents and presentations, most but not all from the British Columbia (BC) Ministry of Education, suggest that considerable changes are being floated as options for redesigning inclusive educational approaches in the BC K-12 public education system. The documents include: (1) "The BC Education Plan"; (2) "Global…

The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 makes significant and controversial changes to the Individuals with Disabilities Education Act (IDEA). Two very significant changes in this law are provisions that (a) allow school districts to spend up to 15% of their IDEA Part B funds on early intervening services in…

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…

This decision did not clarify all of the issues involved but did state clearly that if the need arises, a student, regardless of his or her learning disability, can be suspended up to a full 10 days. (Author/IRT)

Federal legislation to aid students with Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder may be interpreted to cover students who are significantly disruptive. The first alternative for such students is Serious Emotional Disturbance. The overlapping alternative impairment is Conduct Disorder. Finally, the third and…

Legal protections for individuals with learning disabilities are considered through a review of the qualification requirements under the Individuals with Disabilities Act (IDEA), the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act. Differences between IDEA and Section 504 are examined, along with decisions from…

In March, 1983, California adopted new eligibility criteria for handicapped students. The criteria for learning disabilities and speech impairments included complex statistical procedures designed to identify students with a deficit in educational performance of about 1.5 standard deviation units, as reflected in the scores of certain standardized…

The paper discusses the impact of two legal cases. In "Board versus Rowley," the Supreme Court established a three-part standard for appropriate education of students with disabilities. In "Centennial versus Commonwealth," the Pennsylvania Supreme Court held that gifted students merit an Individualized Education Program and…

Several recent court decisions provide ammunition for fighting over-identification of students who have impairments (like Attention Deficit Disorder) but who fail to meet the remaining eligibility requirements under Section 504 of the 1973 Rehabilitation Act. Distinguishing between Section 504 and IDEA requirements is crucial. (MLH)

This book focuses on three major legal issues involving individuals who have an attention deficit disorder or a specific learning disability: (1) documentation requirements to obtain benefits of federal and state laws; (2) ways that professionals can meet these requirements; and (3) confidentiality of the documenting information. The first two…

This article addresses issues surrounding judicial involvement in mandating educational methodologies. It reviews court rulings affecting services for students with autism, hearing impairments and communication disorders, visual impairments, and learning disabilities, and concludes judicial review has been relatively limited and confined to…

A protracted case involving a high-achieving ADHD student who was judged eligible for Section 504 assistance, but not for Individuals with Disabilities Education Act assistance, demonstrates confusing overlaps between programs, problems with overidentifying students as disabled, and the high costs of "legalizing" special education.…

The first of two issues of the newsletter addresses issues of learning-disabled children and juvenile delinquency through three articles. The first, "Lost in the Juvenile Justice System: Learning Disabled Children and Juvenile Delinquency," by Jeffry Gallet, a learning-disabled judge, and Julie Gilligan, looks at misunderstandings and…

This report discusses a study that examined the perceived credibility of children with learning disabilities once they received instruction in a procedure to increase recall during narrative testimony. Narrative Elaboration Training (NET) helps children to develop memory skills by teaching strategies for remembering the details that are expected…