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...]

The Legal Issues of Identification and Intervention for K–12 Students with Dyslexia

November 2012 Read the article (PDF) About This Article The two primary sources for identification and intervention for dyslexia are the IDEA and Section 504, although a handful of states have laws that have special provisions specific to dyslexia. The first part of this article provides an overview of these federal and state laws, along with an illustrative sample of the pertinent court decisions. The concluding section of this article analyzes … [Read more...]

Autism Litigation Under the IDEA: A New Meaning of “Disproportionality”?

September 2013Read the article (PDF)About this ArticleThis article examines the disproportionality and overrepresentation of children with autism in litigation. It states that children with autism accounted for about one third of sample of published court decisions concerning the core concepts of free appropriate public education (FAPE) and least restrictive environment (LRE) under the U.S. Individuals With Disabilities Education Act.  The other … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.