Families who have children with delays or disabilities are often expected to become advocates for their children. Despite this inherent expectation, there is limited research available focused on advocacy during the early years (birth to three). The purpose of this study was to use qualitative inquiry, specifically semi-structured interviews, to…

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…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

Classification changes are common in special education. Using the first four years of the Pre-elementary Education Longitudinal Study data set (N = 3000), we investigated national trends in classification changes among young children with disabilities, the relationship between classification changes and children's demographic information, and the…

The purpose of this study is to replicate a study conducted by Hux, Marquardt, Skinner, and Bond (1999) in which the researchers explored the frequency of traumatic brain injuries (TBI) in the special education population as compared to the frequency of TBI among students in general education. Hux and colleagues (1999) found that roughly…

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,…

The purpose of this survey study was to assess the perceived skill level and educational needs of special education paraprofessionals in the area of function-based intervention and to identify paraprofessionals' preferred training delivery method(s) and any variables that affect paraprofessionals' preference for these methods. Special education…

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…

Mandates such as No Child Left Behind (2001) and Individuals with Disabilities Education Improvement Act (2004) shifted the emphasis of instruction to include skills that access the general curriculum for students with moderate to severe intellectual disability. The purpose of this study was to describe changes in literacy instruction of teachers…

A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…

Developing special education programs that confer a free appropriate public education (FAPE) for students with disabilities has been a challenge for local education agencies since the Individuals with Disabilities Education Act (IDEA) was first passed in 1975. Developing a FAPE has been particularly challenging when students require assistive…

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…

Assessment of students with disabilities is a critical component of special education. In addition to the complexity of assessment (e.g., high-stakes assessments, progress monitoring, diagnosis), the issue is complicated further by the use of acronyms. This can make both explaining and understanding important information related to students very…

The U.S. Department of Education released regulations governing the development of alternate assessments for students with persistent learning problems who are eligible for Modified Academic Achievement Standards (MAAS) in 2007. To date, state regular assessments or alternate assessments based on Alternate Academic Achievement Standards have not…