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…

This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…

Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

The Individuals with Disabilities Education Act (IDEA) obligates school districts to identify students with disabilities and provide them with a free and appropriate public education (FAPE), which includes specially designed instruction. Identification, FAPE, least restrictive environment (LRE), and various other issues under the IDEA sometimes…

This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…

This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…

This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

This study provides a systematic analysis of published court decisions concerning identification of students with attention deficit hyperactivity disorder under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. The 41 pertinent child find and eligibility court decisions yielded 51 relevant rulings,…

Response to intervention (RTI) is a major current issue at the intersection of general and special education, with the school psychologists in their usual central position. The literature is replete with scholarly and practical sources on RTI, but the legal sources are limited. A few articles provide systematic coverage of the relevant provisions…

Less frequently than you might expect, a court case within the booming world of special education litigation focuses on the evaluation practices of a school psychologist. The appropriateness of such practices merits comparative examination from both professional and legal perspectives. This article contains the facts for examination under these…

The authors' recent study of all published decisions in state and federal courts concerning superintendent termination led to a surprising finding: The decisions overwhelmingly favored school districts. In this article, the authors examine several superintendents' intriguing cases. The authors also discuss practical lessons for superintendents.

Students with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement…

The article provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, or suing party, and the defendant was an institution of higher education and/or the cooperating local school district. There were 28 of these court decisions, and the outcomes favored the defendant institutions in 23 of them…