This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the…

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,…

In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

The legal source of schools' use of response to intervention (RTI) is a matter of federal and state special education laws, although its implementation is largely a matter of general education practice. The only mention of RTI is in the Individuals With Disabilities Education Act (IDEA), and it is limited to identification of students with…

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…

Professionally, and ultimately legally, the definition of "specific learning disabilities" (SLD) has been "a long-standing source of controversy, conflict, and crisis." Yet students with SLD continue to be more numerous by far than any other group receiving special education services. The long-time controversy concerning the eligibility criteria…

In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.

In November 2008, Congress passed, and the President signed, the Americans with Disabilities Act (ADA) Amendments (ADAA), with an effective date of January 1, 2009. While other issues, such as the national economic crisis, dominated public attention at the time, the ADAA unobtrusively connected to Section 504 of the Rehabilitation Act of 1973…

In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…

This article presents questions regarding the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and its 2006 regulations. The author's answers to these questions are presented.

The literature of special education generally and special education law specifically tends to use "scientifically based research" (SBR), along with its shorthand "scientifically based" variation, and related terms such as "evidence-based," "research-based," and "peer-reviewed research" (PRR) rather loosely and even interchangeably. This lack of…

Touted as a more effective approach to determining eligibility for specific learning disability (SLD) than establishing a severe discrepancy between ability and achievement, response to intervention (RTI) represents various models that share these common characteristics: (a) multiple tiers of scientific, research-based interventions; (b)…

In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.

This article presents questions regarding the Individuals with Disabilities Education Act (IDEA) regulations and the No Child Left Behind Act. The author's answers to these questions are presented.

This article presents questions regarding the Individuals with Disabilities Education Act, its 2004 and 2006 regulations, and the No Child Left Behind Act. The author's answers to these questions are presented.