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…

The primary message of the Supreme Court's ruling in "Endrew F. v. Douglas County School District" (hereinafter "Endrew F.," 2017) was that school districts are obligated to "offer an IEP [individualized education program] that is reasonably calculated to enable the child to make progress appropriate in light of the…

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…

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…

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…

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…

Examines the legal basis for inclusion and presents four federal circuit court decisions that have addressed school districts' responsibilities to include students with disabilities in regular education classrooms. Recommendations are offered for educators and school administrators to follow to determine the least restrictive environment for…

Describes the case of Hartmann v. Loudoun County Board of Education, a case that was the first inclusion litigation that involved a student with autism who presented significant behavioral challenges. The court's decision upholding the student's placement in a special program is explored. (CR)

Federal statutes, regulations, and major least-restrictive-environment cases provide numerous consistent principles that schools must adhere to in promoting inclusive educational practices. There are four major themes: consideration of an individual student's unique needs, presumptive right to an integrated education, educational appropriateness,…

This paper responds to a commentary (EC 600 331) on a previously published paper (EC 221 141) discussing the Supreme Court's decision in the Honig v Doe case and its impact on suspension and expulsion of students with handicaps and on student placement. The paper responds to arguments presented in the commentary and notes misconceptions about the…

This paper addresses issues related to placement of students with emotional disabilities or behavior disorders and training of teachers who provide special education services for these students, particularly in rural areas. A survey of 68 special education directors and 43 teachers of students with emotional disabilities or behavior disorders in…

This review of legislation, including the Individuals with Disabilities Education Act (IDEA), and court cases concludes that IDEA does not compel placement of students with disabilities in regular classrooms but, rather, fully supports the continuum of placements. Principles extrapolated from these cases offer guidance to special educators making…

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…

This paper reviews the 45 due process hearings and court cases between 1993 and 1998 concerning parental requests for school districts to provide and/or fund the Lovaas treatment program for their young children with autism. It reviews previous legislative and legal definitions of a free appropriate public education and considers implications of…