In 2025, the Individuals with Disabilities Education Act (IDEA) will have been the primary law driving the field of special education for 50 years. A contentious area of disagreement has been the relationship between two primary mandates of the law: the obligation of schools to provide a free, appropriate public education (FAPE) to eligible…

The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…

This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

Universities are providing extra time on tests, quiet exam rooms, in-class note-takers, and other assistance to college students with modest learning disabilities. But these policies are shrouded in secrecy. This paper, "Accommodating College Students with Learning Disabilities: ADD, ADHD, and Dyslexia," by Melana Zyla Vickers, examines…

The author examines the lack of an operational definition of learning disabilities, the lack of professional personnel, and the threat of class action suits. (CB)

Explores higher education institutions' legal obligations to accommodate students with learning disabilities and the courts' review of those accommodations. Lists suggestions for responding to accommodation requests, and in defending claims asserted by learning-disabled students. (Contains 182 references.) (MLF)

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…

This article delineates legal protections prohibiting employment discrimination of individuals with learning disabilities. The Rehabilitation Act of 1973 (Title V) and Americans with Disabilities Act (Title I) are described, fundamental concepts are discussed, and strategies are presented for ensuring that these laws are relied upon appropriately…

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…

This monograph introduces a series on youth with cognitive or behavioral disabilities and the juvenile justice system. The first section discusses the importance of prevention and early intervention to divert youth with disabilities from entering the justice system. It offers examples of such efforts and considers early and later intervention…

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…

A suit filed by Steven E. Wynne, who has dyslexia, against the Tufts School of Medicine charged that the school discriminated against him when it refused to provide a test that did not use multiple-choice questions. Tufts filed an appeal saying the decision is an encroachment on academic freedom. (MLW)

Reviews court decisions regarding the documentation of disabilities and accommodations for individuals with learning disabilities and/or attention-deficit disorders taking licensing examinations from the National Board of Medical Examiners and the State Bar Examiners. Professional schools and licensing authorities are urged to work toward…

Brian Schaffer, now a 21-year-old college junior, spent prekindergarten through 7th grade at Green Acres School, a 320-student Rockville, Maryland, private school where his parents say he had the benefit of small class sizes and teachers who could accommodate his needs, which included attention deficit disorder, speech and language delays, and…