What Does the Law Say?

April 2012Read the article (PDF) About the ArticleThe article presents questions and answers related to educational law in the U.S., including how the response to intervention (RTI) process is interpreted in the court system, how the Individuals with Disabilities Education Act (IDEA) impacts children with Asperger's syndrome, and how mental retardation is legally defined.Back to topGeneral InformationRead the article: http://nichcy.org/wp-content/uploads/docs/journals/zirkel2.pdfAPA … [Read more...]

The Remedial Authority of Hearing and Review Officers Under the Individuals with Disabilities Education Act: An Update

April 2012Read the article (PDF) About this ArticleThis article provides an update of a comprehensive review that the Administrative Law Review published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).  The publisher of the Administrative Law Review, which contained the original version, provided permission … [Read more...]

Manifestation Determinations Under the New Individuals with Disabilities Education Act: An Update

April 2012Read this article (PDF)About this ArticleThis article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs interpretations, and published hearing and review officer and … [Read more...]

Impartial Hearings Under the IDEA: Legal Issues and Answers

April 2012Read the article (PDF)About This ArticleThis updated Question-and-Answer document is specific to impartial hearing officers (IHOs) and the impartial hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). It does not cover the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are limited to the pertinent IDEA legislation and regulations, court decisions and the … [Read more...]

Without Data All We Have Are Assumptions: Revisiting the Meaning of a Free Appropriate Public Education

August 2012Read the article (PDF)About This ArticleThirty years ago, the United States Supreme Court handed down its first major decision interpreting the nation’s special education law, now commonly called the Individuals with Disabilities Education Act (IDEA). In Board of Education of the Hendrick Hudson Central School District v. Rowley, the U.S. Supreme Court interpreted the IDEA requirement that schools provide a "free and appropriate public … [Read more...]

The U.S. Supreme Court and Special Education: 2005 to 2007

November 2012Read the article (PDF)About This ArticleThe Individuals With Disabilities Education Act (IDEA) has spawned much litigation in which parents of children with disabilities and school districts disagree over the content of a student's special education program. Supreme Court rulings are of tremendous importance, because they establish the legal standard for, and must be followed throughout, the entire country (Huefner, 2002; Yell, … [Read more...]

Second Circuit and New York Case Law under the IDEA and Section 504/ADA

February 2013 Read the article (PDF) About This Article With the exception of the District of Columbia, New York is the leading jurisdiction in terms of adjudicated impartial hearings under the Individuals with Disabilities Education Act (IDEA).  Thus, its impartial hearing officers may find it beneficial to have a ready source of the judicial precedents in their jurisdiction. This annotated outline is a 11/21/12 compilation of most … [Read more...]

Eleventh Circuit and Florida Court Decisions 1995 to the Present Under the IDEA and Section 504/ADA

February 2013Read the article (PDF)About This ArticleThis annotated outline is a compilation of most of the officially and unofficially published special education decisions issued by the U.S Supreme Court, the Eleventh Circuit, and the courts in Florida starting in 1995 and ending with the compiling date of 12/15/12.The coverage does not extend to pertinent rulings that are no longer good law and—with limited exceptions—to those specific to overly … [Read more...]

Seventh Circuit and Illinois Law under the IDEA and Section 504/ADA

February 2013Read the article (PDF)About This ArticleThis annotated outline is a compilation of most of the officially and unofficially published special education decisions issued by the Seventh Circuit and the courts in Illinois starting in 1995 and ending with the compiling date of 12/31/12.Because the primary intended use is for Illinois impartial hearing officers (IHOs), the coverage does not extend to pertinent rulings that are no longer … [Read more...]

NOTICE: NICHCY is going away, but its resources are not. Find hundreds of legacy NICHCY publications, as well as our training curriculum on IDEA 2004, in the Center for Parent Information and Resources' Library at http://www.parentcenterhub.org/resources. This website will remain available until September 30, 2014. After that date, web visitors will be automatically redirected to http://www.parentcenterhub.org.