This booklet summarizes provisions and regulations of recent federal legislation and case law examples mandating equal access for children and youth with disabilities in schools. The first chapter addresses the importance of complying with both the letter and spirit of the equal access principles underlying these laws. The second chapter…

The power of the Individuals with Disabilities Education Act (IDEA) lies in the rights of students with disabilities to a free, appropriate public education. For individuals exercising their rights under this legislation, the reality is that services are sometimes hampered and limited even with legislated rights. In spite of evidence that in…

This report presents findings of a project that identified and examined three communities where schools have successfully reduced discipline problems and improved learning and behavior of all students, including those with disabilities. Site visits by a research team and expert panels (including both lay community members and professionals) were…

As the percentage of diverse students continues to increase, the problem of disproportionate representation of students in special education by race/ethnicity persists (Kena et al., 2014; Zhang, Katsiyannis, Ju, & Roberts, 2014). The Individuals with Disabilities Education Improvement Act (IDEA, 2004) requires states to monitor…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

Confusion among school leaders regarding how to interpret and implement special education legislation, and specific federal and state policies and mandates such as a free and appropriate public education (FAPE), in the least restrictive environment (LRE) at the school-site level has existed since the 1970s and continues to exist. This…

When the Education for All Handicapped Children Act (now known as the Individuals With Disabilities Education Improvement Act [IDEA]) was initially passed in 1975, it indicated that districts were required to provide children in private schools with access to special education and related services, but it was unclear whether they were entitled to…

The primary purpose of this article is to track the trend in the number of due process hearings that have been adjudicated under the IDEA (i.e., in which the hearing officer issued a written decision) nationally for the past 15 years. The secondary purpose is to rank order the states by the number of adjudicated hearings both on an overall basis…

The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA…