Due process hearings provide a formal resolution for disagreements that may arise within special education. The purpose of this study was to examine the types of issues that arise in due process cases for students with emotional disturbance (ED). The current study examined select due process hearings during 2014 to 2019 from four states for…

School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…

Due Process Hearings are one of three formal dispute resolution procedures provided to parents of children with disabilities by the Individuals with Disabilities Education Act of 2004 (IDEA). Whereas students receiving special education typically comprise approximately 14% of student enrollment, litigation tied to special education disputes…

There has been a dramatic increase in use of remote communication via audio-visual technology since the COVID-19 pandemic. This includes use in complex legal hearings where decisions rely heavily on credibility assessments of an individual and their interview statement. This is particularly relevant in legal settings where negative assessments can…

Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

School board members encounter a range of challenging issues as they provide oversight and strategic guidance for the school districts they represent. Some of the most daunting challenges can involve the education of students with disabilities. All children eligible for special education must be provided with a free and appropriate public…

This study examined whether the implementation of Section 28 of the Youth Justice and Criminal Evidence Act (1999) improved lawyers' questioning strategies when examining child witnesses in England. The government's Section 28 pilot study involved judges holding Ground Rules Hearings, during which restrictions and limitations were placed on the…

This study examined whether the implementation of Section 28 (S28) of the Youth Justice and Criminal Evidence Act and the introduction of mandatory ground rules hearings reduced the complexity of the questions English lawyers asked when examining child witnesses. This study compared cases with (n = 43) and without (n = 43) the S28 special measures…

The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…

This hearing of the Committee on Health, Education, Labor, and Pensions explores free speech on college campuses. Following an opening statement by Honorable Lamar Alexander (Chairman, Committee on Health, Education, Labor, and Pensions), the following senators provide statements: (1) Honorable Patty Murray, U.S. Senator from the State of…

Almost 7 million children aged 3 to 21 received special education services under Part B of the Individuals with Disabilities Education Act (IDEA) in school year 2016-17. The Government Accountability Office (GAO) was asked to review parents' use of the Individuals with IDEA dispute resolution options. This report examines (1) how often IDEA…

Under the Individuals with Disabilities Act, parents are entitled to due process procedural safeguards. These safeguards are intended to ensure that parents of children with disabilities are offered the educational rights as those without disabilities. Research in due process hearing requests nationwide is limited, and non-existent in the Ninth…

The purpose of this study is to explore how a Florida administrative law judge (ALJ) adjudicated the giftedness of one student who was found ineligible to be enrolled in a gifted education program. Specifically, we explore the discourse in an ALJ's final order to uncover how an ALJ navigates through conflict and deconstructs the conflicting expert…

This article explores the experiences of eight Educational Psychologists (EPs) in the UK who acted as expert witnesses at Special Educational Needs and Disability Tribunals (SENDIST) hearings in the last 12 months on behalf of their employing Local Authority (LA). A thematic analysis of semi-structured interviews with all eight EPs indicated two…

Representing a sequel to a similar case law snapshot in mid-2010, this article provides an updated overview of the judicial and administrative case law concerning students with traumatic and nontraumatic brain injury in the P-12 school context. The scope is limited to cases under the Individuals with Disabilities Education Act and the pair of…