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Chovanes, Jacquelyn; Papalia, Anne O.; Bateman, David F.; Yell, Mitchell – Advances in Learning and Behavioral Disabilities, 2021
This chapter describes possible effects of the 2017 "Endrew F." Supreme Court decision that raised the "de minimus" standard established in 1982 in "Board of Education of the Hendrick Hudson School District v. Rowley." In Rowley, the court held school districts provided an appropriate education to students with…
Descriptors: Students with Disabilities, Court Litigation, Individualized Education Programs, Public Education
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Mitchell L. Yell; M. Renee Bradley – Exceptionality, 2024
In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
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Yell, Mitchell L.; Bateman, David F. – Teacher Education and Special Education, 2019
The purpose of this article is to examine the free appropriate public education (FAPE) requirements of the Individuals With Disabilities Education Act (IDEA). The authors first briefly examine the definition of FAPE in the IDEA. Second, they delve into the U.S. Supreme Court's decisions in "Board of Education v. Rowley" and "Endrew…
Descriptors: Court Litigation, Public Education, Educational Legislation, Disabilities
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Zirkel, Perry A. – Journal of Special Education Leadership, 2023
Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…
Descriptors: Federal Legislation, Students with Disabilities, Court Litigation, Program Development
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Kanaya, Tomoe – Journal of Intelligence, 2019
One of the stated purposes of this Special Issue is to "discuss when and why intelligence has disappeared" in education. In this paper, I argue that intelligence is still heavily involved in public education in the United States due to the Individuals with Disabilities Education Act. Moreover, due to several factors, including…
Descriptors: Educational Legislation, Federal Legislation, Equal Education, Students with Disabilities
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Hurwitz, Sarah; Decker, Janet R.; Linder, Ilana L. – Focus on Autism and Other Developmental Disabilities, 2020
In 2017, the U.S. Supreme Court provided a ruling regarding what constitutes an appropriate education for students with disabilities in "Endrew v. Douglas County." The case concerned a student with autism, and we use it to offer schools and families autism-related recommendations for practice and policy. We analyze the legal history of…
Descriptors: Court Litigation, Students with Disabilities, Autism, Pervasive Developmental Disorders
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Dieterich, Cynthia A.; Kucharczyk, Suzanne; Brady, Kevin P. – Journal of Special Education Leadership, 2019
As mandated by federal law, all students with a disability who qualify for special education and related services must be provided a free appropriate public education (FAPE). With ongoing changes to statutory definitions and legal interpretation of what constitutes a FAPE under the Individuals with Disabilities Education Act (IDEA, 2004), it can…
Descriptors: Court Litigation, Individualized Education Programs, Students with Disabilities, Equal Education
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Prince, Angela M. T.; Yell, Mitchell L.; Katsiyannis, Antonis – Intervention in School and Clinic, 2018
On March 22, 2017, the U.S. Supreme Court announced its decision in "Endrew F. v. Douglas County School District." This case addressed the question how much educational benefit are public schools required to provide to students with disabilities under the Individuals With Disabilities Education Act (IDEA) to confer a free appropriate…
Descriptors: Special Education, Court Litigation, County School Districts, Educational Benefits
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Yell, Mitchell L.; Bateman, David; Shriner, Jim – TEACHING Exceptional Children, 2020
This article concludes this special issue by highlighting some of the most important points from the U.S. Supreme Courts decision in "Board of Education v. Rowley" (1982) and "Endrew F. v. Douglas County School District" (2017) but also discussing another crucial point to which school district personnel must adhere to ensure…
Descriptors: Individualized Education Programs, Program Development, Program Implementation, School Districts
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Yell, Mitchell L.; Bateman, David F. – TEACHING Exceptional Children, 2017
Thirty-five years ago, the U.S. Supreme Court announced its decision in "Rowley" (1982). The case, which was the first special education case to be heard by the Court, ruled on the question of what constituted Free Appropriate Public Education (FAPE) for students with disabilities under the Education for All Handicapped Children Act of…
Descriptors: Disabilities, Public Education, Court Litigation, Educational Legislation
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Yell, Mitchell L. – Behavioral Disorders, 2019
In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…
Descriptors: School Districts, Individualized Education Programs, Emotional Disturbances, Behavior Disorders
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Zirkel, Perry A. – TEACHING Exceptional Children, 2020
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…
Descriptors: Special Education, Educational Legislation, Students with Disabilities, Disabilities
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Zirkel, Perry A. – Teacher Education and Special Education, 2015
Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…
Descriptors: Federal Legislation, Educational Legislation, Disabilities, Equal Education
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Zirkel, Perry A. – Exceptional Children, 2013
This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the…
Descriptors: Federal Legislation, Educational Legislation, Court Litigation, Disabilities
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Prince, Angela M. T.; Katsiyannis, Antonis; Farmer, Jennie – Intervention in School and Clinic, 2013
Postsecondary transition planning for students with disabilities first entered the Individuals with Disabilities Education Act (IDEA) in 1990. The required provisions for transition planning were updated with the amendments to IDEA in 1997 and its reauthorization in 2004. Since IDEA 2004 took effect in July 2005, 11 court cases have been decided…
Descriptors: Court Litigation, Disabilities, Special Education, Transitional Programs
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