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…

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…

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 document lists 10 best charter school discipline practices to employ and 10 mistakes to avoid.

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…

This document records testimony from a hearing before the Subcommittee on Early Childhood, Elementary, and Secondary Education that was held to discuss addressing the impact of COVID-19 on students with disabilities. For students with disabilities the problem is of equal education opportunity, and Federal law is grounded in a basic guarantee:…

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…

While the State Education Agency is responsible for providing mediation services, the process ultimately depends on the participation of administrators and parents in order to be successful. This resource describes the advantages and disadvantages of mediation from an administrator's perspective. The goal is to help other administrators make…

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…

In total, 139 Texas special education due process hearings that occurred between 2011 and 2015 were examined. Cases were coded with regard to the student's special education disability category; the number of hearings in which a specific party prevailed; the primary, secondary, and/or tertiary issues of the case; the number of issues in these…

The purpose of this article is to present an updated comprehensive synthesis of the law, starting with the statutory provisions and culminating in the case law specific to the procedural and substantive requirements for manifestation determinations (MDs) under IDEA, as amended in 2004. Procedural requirements include issues such as who must make…

Over 6.5 million children receive special education services each year in the U.S. As this number continues to rise, child and school psychologists are increasingly called upon to evaluate children and to recommend accommodations to meet the child's educational needs. But the process of evaluating children can be challenging, as it is often…

A due process complaint is a written document used to request a due process hearing related to the identification, evaluation, or educational placement of a child with a disability, or the provision of a free, appropriate public education (FAPE) to the child. This publication describes Due Process Complaints/Hearing Requests generally for Part B…