The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…

This article presents a tool for systematic consideration of the accuracy of the legal contents of publications in special education. The tool is a two-dimensional grid with one axis having three overall levels relative to legal requirements and the other axis having the three perspectives symbolized by the courtroom roles of pro-parent,…

The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…

School psychologists sometimes are called upon as a witness in a special education due process hearing. Without over-legalizing the role and responsibilities of the school psychologist, providing concise and organized attention to this topic not only reduces the discomforting symptoms of the fear/flight reaction but also contributes to more…

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…

School psychologists often play a significant role in implementation of the requirements under the Individuals with Disabilities Education Act (IDEA) specific to independent educational evaluations (IEEs). The school psychology and special education literature addresses professional norms for IEEs (e.g., Schrank et al., 2006), but its coverage of…

Starting with a constructive critique of legal articles in special education journals concerning transition services under the Individuals With Disabilities Education Act (IDEA), this article presents an empirical analysis of relevant judicial rulings for the period 1990-2016 that shows a prevailing prodistrict approach that is not otherwise…

After dropping steadily from 2000-2001 to 2013-2014, the percentage of students identified under the IDEA classification of specific learning disabilities (SLD) levelled off and increased slightly until the latest data available (2017-2018; NCES, 2019). Despite the recognition in the IDEA amendments of 2004 of response to intervention (RTI) as…

Legally, the ultimate criterion for eligibility under the Individuals with Disabilities Education Act (IDEA) is whether the child needs special education. A new decision by the Ninth Circuit Court of Appeals suggests that providing various interventions and accommodations in general education might mean that a child who meets the criteria for any…

For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…

The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…

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…

The professional literature is largely lacking with regard to current information about state systems for complaint procedures (CP) as compared with the much more common knowledge of the due process hearing mechanism of the Individuals with Disabilities Education Act (IDEA). This article begins with an overview of the professional literature,…

This article provides a current, comprehensive, and concise overview of the law specific to students with dyslexia in K-12 schools. It consists of (a) an overview of the applicable legal framework, which includes the federal foundation in the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, (b) a compact…