Education and Disability Law Articles

As of February 2013Journal Articles on Special Education LawThis section of NICHCY’s website is devoted to bringing you full-length articles on special education and disability law from peer-reviewed journals. We've categorized them below primarily by their area of emphasis. Pick from among articles on:Section 504IDEAState lawsOther topicsBack to top  Section 504Top five Section 504 errors redux. ELA Notes 48(2), 14-15. Zirkel, P. A. (2013) | new!Does … [Read more...]

Does Section 504 Require a Section 504 Plan for Each Eligible Non-IDEA Student?

April 2012 Read the article (PDF) About This Article Although overlapping with and extending well beyond the Individuals with Disabilities Education Act, the two key questions under Section 504 for students in K-12 public schools who do not meet the IDEA definition of disability are: who is eligible? and for those who are eligible, what is their entitlement? The Americans with Disability Act Amendments Act (ADAAA), which went into … [Read more...]

A Roadmap to Legal Dispute Resolution for Students with Disabilities

April 2012Read the article (PDF)About this ArticleThis article maps out the similarities and differences among the various routes to Individuals with Disabilities Education Act (IDEA) and Section 504 dispute resolution, including those not widely and well known to special education leaders.  For IDEA-eligible students, the alternative avenues consist of not only the impartial hearing procedures and the state education agency's complaint investigation/resolution … [Read more...]

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...]

The Legal Meaning of Specific Learning Disability for Special Education Eligibility

April 2012Read the article (PDF)About This ArticleStudents with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement toward a response-to-intervention (RTI) approach for identifying … [Read more...]

State Laws and Guidelines for Implementing RTI

April 2012Read the article (PDF)About This ArticleThe article discusses a study of U.S. state education agency (SEA) guidelines and state laws regarding the identification of students with specific learning disabilities (SLD) through response to intervention (RTI) programs. The study examined the classification systems for state laws and SEA guidelines and presented this information in several graphs and data tables in the article. The article details … [Read more...]

Restraining the Use of Restraints for Students with Disabilities: An Empirical Analysis of the Case Law

April 2012Read the Article (PDF)About This ArticleIn recent years, reports of the use of restraints and seclusion with students with disabilities have garnered attention not only from educators and the general public but also from legislators and litigators.  This article briefly reviews recent federal efforts to minimize the use of restraints and seclusion to control student behavior, noting that prohibiting their use is currently a matter of state … [Read more...]

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