ERIC Number: EJ1177622
Record Type: Journal
Publication Date: 2018-May
The Legal Meaning of Special Education Eligibility: The Latest Case Law
Zirkel, Perry A.
Communique, v46 n7 p14-16 May 2018
Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for identifying students with SLD has generated successive changes in the 2006 IDEA regulations and in subsequent state laws (e.g., Hauerwas, Brown, & Scott, 2013; Zirkel & Thomas, 2010). RTI has also been a continuing subject of contention (e.g., Hale et al., 2010) and confusion (e.g., Zirkel, 2012a) in the professional literature. A lengthening line of research has traced the trend of SLD eligibility litigation. The purpose of this analysis is to examine the most recent 3.5 years of case law to determine the current pattern in relation to previous trends. The specific questions were the same as in the most recent previous analysis: (1) Has the frequency of case law, including the predominance in California and Pennsylvania, and the shift toward court, in contrast with hearing/review officer, decisions continued?; (2) Has the trend of district-friendly outcomes changed?; and (3) Has RTI emerged as a major decisional factor in the recent cases?
Descriptors: Learning Disabilities, Response to Intervention, Special Education, Eligibility, Disabilities, Equal Education, Federal Legislation, Educational Legislation, Court Litigation, School Districts, Decision Making
National Association of School Psychologists. 4340 East West Highway Suite 402, Bethesda, MD 20814. Tel: 301-657-0270; Fax: 301-657-0275; e-mail: firstname.lastname@example.org; Web site: http://www.nasponline.org/publications/
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: California; Pennsylvania
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A