The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

This report includes guidance, considerations, and resources for state staff and local practitioners who are determining Part C eligibility remotely. As a result of COVID-19, many states are having to determine a child's eligibility for Part C services remotely using a variety of approaches such as teleconference, videoconference, and sharing…

For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…

The modern meaning of "child find" under the IDEA is almost entirely a matter of court decisions, because the legislation (§ 1412[a][3][A]) and the regulations (§ 300.111) are limited to the historical obligation to "locate, identify, and evaluate" students with disabilities. More specifically, in interpreting and applying this…

The following brief provides an overview of the separate but intersecting federal policies that govern the identification of and services provided to English learners and students with disabilities. This overview will frame key opportunities to serve ELs with disabilities more equitably with the aim of helping policymakers, advocates, and…

The least restrictive environment (LRE) mandate suggests a preference for educating students with disabilities in general education settings provided their needs can be met there. This study examined national trends in the educational placements of students with disabilities ages 6 to 17 in the 50 states and the District of Columbia from 1990…

Processing Strengths and Weaknesses (PSW) models have been proposed as a method for identifying specific learning disabilities. Three PSW models were examined for their ability to predict expert identified specific learning disabilities cases. The Dual Discrepancy/Consistency Model (DD/C; Flanagan, Ortiz, & Alfonso, 2013) as operationalized by…

Emotional Disturbance (ED) is one category under which a student can be evaluated and determined eligible to receive special education and related services. Students who experience ED are at greater risk for a host of negative long-term outcomes that include poor social, behavioral, and academic achievement in school, which in turn may impact…

When discussing the eligibility determination of students with specific learning disabilities (SLDs), the legal obligation to identify, locate, and evaluate all children in need of specially designed instruction--child find--should also be in the forefront. The Individuals with Disabilities Education Act (IDEA) requires public schools to initiate…

The purpose of Individuals with Disabilities Education Improvement Act (IDEIA) is to protect the rights of students with disabilities and to assure that all students receive equitable access to a free and appropriate public education; yet there are explicit exclusions written in the law for students who may have experienced environmental,…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

Attention deficit hyperactivity disorder and ASD are two common neurobiological disorders in school-age children. In fact, approximately 6.4 million children between the ages of 4 and 17 have been diagnosed with ADHD since 2011 (Centers for Disease Control and Prevention, 2017). More recent prevalence estimates suggest that five percent of all…

State accountability systems have been a primary school reform initiative in the US for the past 20 years, but often produce unintended negative consequences. In 2004, the Texas Education Agency (TEA) implemented the Performance Based Monitoring and Analysis System (PBMAS), which included an accountability indicator focused on the percentage of…

Traditionally, school systems have identified students with specific learning disabilities (SLD) by a measured gap between achievement and ability in a specific area. Recent amendments to the IDEA allowed for the use of alternative methods of identifying students with a SLD. Some states have responded by using Response to Intervention (RTI). This…

The definitions and educational policies related to learning disabilities have been updated throughout the last two decades since the passing of the Special Education Promotion Act (1994) in the Republic of Korea (South Korea). In particular, the definition of learning disabilities was entirely revised in the Special Education Act for Individuals…