While functional behavioral assessments (FBAs) are currently federally mandated requirements, public schools have not been provided clear federal guidance concerning what constitutes an acceptable FBA through Individuals With Disabilities Education Act or related regulations. The purpose of this article is to examine recent rulings regarding FBAs…

How to address the educational needs of students with limited English proficiency (LEP) is a particularly challenging and often controversial endeavor. Failure to address the needs of students with LEP often results in denial of meaningful educational opportunities and leads to disproportionate representation in special education programs. This…

During the 2008-2009 academic school year, nearly a million (956,914) students were reported by school districts as being homeless, a 41% increase over just a 2-year period year. The purpose of this article is to provide a brief overview of national legislative efforts to address the education of children who are homeless, with a particular…

Postsecondary transition planning for students with disabilities first entered the Individuals with Disabilities Education Act (IDEA) in 1990. The required provisions for transition planning were updated with the amendments to IDEA in 1997 and its reauthorization in 2004. Since IDEA 2004 took effect in July 2005, 11 court cases have been decided…

In 2007, services under the Individuals with Disabilities Education Improvement Act were provided to almost 6 million students with disabilities (Data Accountability Center, 2011). By virtue of their eligibility, these students were entitled to a "free and appropriate public education" (FAPE). To ensure that students receive FAPE, districts must…

The demands for accountability in education have led to an increase in high-stakes testing practices in public schools. Accountability can be seen at the high school level in the use of exit examinations (hereafter "exit exams") that students must pass to receive a diploma and graduate from high school. One of the most challenging issues regarding…

Juvenile delinquency in the United States has been a persistent concern for decades. Consequently, because more juveniles have been referred to juvenile court and the arrest rate of preteen offenders has increased to almost three times that of older youth, the persistent and often controversial issue of the capacity of juvenile offenders to waive…

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 their child in a private school…

In a recent decision by the U.S. Supreme Court, "Schaffer v. Weast," the high court ruled that the burden of persuasion in special education due process hearings should fall on the party that challenges a student's IEP. This Court ruling will change current practice across nearly half the United States. In this article, the authors review the…

The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…

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…

This article discusses the involvement of general education teachers in service delivery for students with disabilities and explores 20 related issues, including: current practice-related concerns, legal issues, effective instructional practices, behavior management, and challenges. The need for teacher preparation programs to improve the capacity…

This article provides a legal update on the issue of residential placements for students with disabilities and discusses practice considerations in light of national trends toward greater integration and curbing of rising costs through providing incentives for community-based programs. Practices in Virginia are used as an example. (DB)

Information is presented on the types of accommodations or services appropriate for students qualifying under Section 504 of the Rehabilitation Act of 1973. Services include curricular, compensatory, policy-level, environmental, organizational, health, grading, and behavioral accommodations. A sample general education accommodation plan is…