Violence in schools remains a complex and challenging issue. In this article, we examine schools' responsibilities in placement and the provision of services for students who have chronically exhibited dangerous behaviors. Multiple court cases have provided schools guidance in evaluating when student removal through injunctive relief for dangerous…

Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…

The goal of this article is to assist individualized education program (IEP) team personnel to not make errors in the placement of students. To do so the authors: (1) describe what a placement decision is and who makes the decision; (2) review the placement requirements of the Individuals With Disabilities Education Act (IDEA, 2006); (3) examine…

Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

Under the Individuals with Disabilities Education Act of 2004 (IDEA), children with identified disabilities are entitled to a free appropriate public education (FAPE). As it relates to FAPE, IDEA requires that each identified student receive special education and related services specifically designed to confer educational benefit that individual.…

The participation and inclusion of students with disabilities in the general education setting has steadily increased over the past several years, facilitated in part by the amendments to the Individuals with Disabilities Education Act. Providing students with disabilities a free appropriate public education in this setting has proved to be…

On June 22, 2009, the U.S. Supreme Court issued its decision in the case "Forest Grove School District v. T.A." (hereafter "Forest Grove"). In "Forest Grove," the High Court answered the question of whether the parents of students with disabilities are entitled to reimbursement for the costs associated with placing…

Special education litigation remains a volatile area with significant practice implications. A review of the 2010 case law in the "Special Educator" identified discipline (manifestation determination, seclusion and restraints, harassment), evaluation/RTI, and postsecondary transition as specific areas of concern. School administrators should keep…

In a recent ruling, the U.S. Supreme Court in "Parents v. Seattle" (Parents Involved, 2007) determined that race cannot be the sole factor in the assignment of children to public schools. The court also identified the conditions which would justify the use of race in assigning children to schools. In this article we (a) provide a…

On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (IDEIA 2004) into law. This law reauthorized and amended the Individuals with Disabilities Education Act (IDEA). On August 3, 2006, the U.S. Department of Education issued the regulations implementing the IDEIA 2004. The changes in the IDEIA 2004…

Analysis of placement and exit data on students with mental retardation (MR) found in annual reports on implementation of the Individuals with Disabilities Education Act indicated an upward trend in educating students with mental retardation in general education classrooms, a decline in graduation rates with a diploma or certificate, and a greater…

This article reviews case law regarding the recovery of attorney's fees for counsel services prior to holding a special education hearing within the legal parameters of Public Law 99-372, the Handicapped Children's Protection Act of 1986. Implications suggest that schools should establish mechanisms to avoid costly legal involvements and states…

Discusses issues related to implementing the new discipline provisions in the Individuals with Disabilities Education Act Amendments of 1997. Litigation that led to the new provisions is described, along with issues relating to conducting functional assessments, making a manifestation determination, generating interim placements, and cessation of…

Two federal laws have been extremely important in providing rules and regulations to guide the educational placement of students with disabilities. The Individuals With Disabilities Education Act (IDEA) created a detailed set of guidelines to ensure an appropriate education in the least restrictive setting for students who are eligible for special…