In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…

Special education stands at a pivotal juncture, confronting both existential challenges and transformational opportunities. The U.S. Department of Education's Office of Special Education Programs (OSEP) is not upholding its mandate of promoting the Individualized Education Program (IEP). I underscore the centrality of the IEP in the…

The history of the people, problems, and politics surrounding the establishment of federal special education policy is rich with useful illustrations for advocates and educators. As the 50th anniversary of IDEA approaches, we use a historical perspective to consider how the promise of the law -- to ensure access to a free appropriate public…

We overview several key issues of the past, present, and near future of special education for students with severe disabilities. We contextualize the Telos of special education by briefly remarking on its historical roots in the United States, then delve into several issues we believe are critical for advancing toward better outcomes for students…

This article provides foundational information to stimulate and facilitate assessment of the distinctive role of law in this field. For example, has the balance of costs and benefits reached the point of over-legalization? Similarly, to what extent is legal literacy essential for special education teachers and related service personnel as compared…

The implementation of prereferral models was being discussed in educational literature as early as 1979. Over the past decade, schools in the United States have begun to adopt prereferral models to meet multiple goals, such as reducing inappropriate referrals to special education, supporting students who face academic and behavioral challenges,…

This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

The provision of school-based mental health services (SBMHS) to students with disabilities is inadequate and insufficient. We propose that this failure to provide SBMHS to students with disabilities is due to (a) mental health services not consistently recognized as a related service under the Individuals with Disabilities Education Act (IDEA),…

Social policies can be well-intentioned but ineffective in achieving what is intended. They can be undermined or destroyed by their exaggerated or oversimplified caricatures with a single, narrow focus. Caricatures may result in the opposite of the original intent of more carefully crafted variants. Institutionalization and deinstitutionalization…

The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

We suggest that special education could die among common myths about it. That is, special education could cease to exist, at least as we know it, because its true nature and requirements for its functioning are misunderstood. We discuss only 12 common myths about special education, recognizing that there are many more myths and that the ones we…

After an introductory legal framework based on the Family Educational Rights and Privacy Act, this article canvasses the court decisions concerning liability for disclosures of confidential information about students with disabilities. The relatively few court decisions illustrate the wide variety of disclosures, including (a) those to the media,…

Legally, the ultimate criterion for eligibility under the Individuals with Disabilities Education Act (IDEA) is whether the child needs special education. A new decision by the Ninth Circuit Court of Appeals suggests that providing various interventions and accommodations in general education might mean that a child who meets the criteria for any…

The Individuals with Disabilities Education Act (2004) has had substantial influence on special education in general and the field of learning disabilities in particular. Since its reauthorization in 2004, ongoing regulatory efforts have been underway to determine its operationalization and implementation. Of particular concern to those involved…

Outcomes for students classified as emotionally disturbed (ED) are among the poorest for any disability group and include disturbingly low graduation rates, poor academic achievement, high rates of school suspensions and school dropouts, and chronic interpersonal problems. Additionally, these students are often underserved within the school…