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Given the subjective nature of some disability diagnoses, one way to mitigate the disproportionate referral of students of color for Special Education in the United States is by unearthing teachers' deep-seated biases regarding race and ability. Drawing on Freire's (1970) theory of critical consciousness, we unpack the role that teacher dispositions play in upholding racism and ableism, and we offer strategies aimed to address teacher bias and ableist/racist practices. We use the Individuals with Disabilities Education Act as an example of institutional racism and ableism in the United States and consider how teacher dispositions can fuel disproportionality. Because of the importance of teacher training as an entry point into one's career in education, we specifically focus on the teacher preparation period as a time and space where pre-service teachers (PSTs) can engage with their dispositions and offer concrete strategies that teacher educators can employ with PSTs. [ABSTRACT FROM AUTHOR]

The article discusses the Title IX of the Education Amendments of 1972 and the special education rights of elementary and secondary school students with disabilities. Topics explored include the Title IX protection of these students from sexual harassment, the decisions on the U.S. Supreme Court cases Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education, and the conflicts between Title IX and the U.S. Individuals with Disabilities Education Act (IDEA).

The success of students with disabilities in school and community largely relies on productive family professional partnerships (FPPs). The Individuals with Disabilities Education Act (IDEA, 2004) recognises the importance of family collaboration to student success by mandating that parents be involved in the Individualised Education Plan (IEP) process as full team members. While several previous studies examined the perspectives of parents of children with disabilities on partnerships with educators, less research exists on teacher perspectives on family professional collaborations. Additionally, there are even fewer studies that focus on teacher perspectives on partnerships with parents of children with autism, a disability category which continues to increase in prevalence. The present study contributes to the literature by examining teacher perspectives on factors that build and hinder positive partnerships with families of children with autism. Researchers surveyed 25 Special Education teachers and conducted additional individual interviews and open‐ended questionnaires to examine teachers' first‐hand experiences. Findings identified four common themes that educators felt helped and hindered collaborative relationships with families. Study results may lead to the development of specific family professional collaboration strategies that can be implemented and discussed in school districts, teacher trainings, pre‐service teacher education programs and family workshops. [ABSTRACT FROM AUTHOR]

The Individuals with Disabilities Education Act (IDEA) establishes a procedural right and process to protect students with disabilities from punitive disciplinary action where their misconduct is deemed to have stemmed directly from their disability. The manifestation determination review (MDR), in focusing on disability as a discrete, identifiable cause of student (mis)behavior, is oriented around an inquiry that is problematic, inadequate, and ultimately unworkable as a means of effectuating the aims of the IDEA. A central flaw of this assessment framework is that it is predicated on a faulty assumption that disability is (always) severable from a student’s identity, experience, and, ultimately, their1 behavior or (mis)conduct. This does a profound disservice to students, particularly those with chronic or life-long disabilities who cannot be “cured,” because this approach does not effectively help students develop the emotional and behavioral toolkits they need and deserve to have, and because it can detrimentally undermine young people’s self-concept and lived experience at a critical moment in their development and identity formation. As such, it is necessary that the primary inquiry and procedural structure of MDRs and hearings be revised and re-envisioned to better serve the needs of students with disabilities and of society at large. Arguing for a general shift in thinking to a “family law approach” and appropriating (modified) family law frameworks, this Article concludes that a modified “best interests of the child” analysis, reconfigured under a “best interests of the student (with disabilities)” framework, should be adopted because it would more adequately protect students’ rights and produce better student outcomes. The proposed reforms would facilitate a more student-centered approach as well as a more nuanced consideration of linkages not only between a student’s (mis)conduct and their disability, but also of intersectional equity issues. (In other words, it would allow assessors to consider the effects of compounding factors such as a student’s race, socioeconomic status, food or housing insecurity, immigration status, limited English proficiency, trauma history, and other conditions and experiences) and the potentially heightened detrimental effects of harsh or exclusionary disciplinary actions on (certain) disabled students because of their disabilities. The proposed revisions would expand the current inquiry beyond simply the cause(s) of (mis)conduct to consider how a student’s disability might affect their experience of discipline, including whether the student’s disability might compromise the utility or efficacy of the action based on the student’s ability to understand, internalize, or otherwise productively respond to discipline because of their disability. Finally, this Article describes the benefits and overall suitability of shifting to something more similar to a shared custody co-parenting model as a paradigm shift in this corner of special education law. It broadly advocates reconceiving of the Individualized Education Plan (IEP) team as a kind of “co-parenting team” with respect to discipline and behavior and identifies several specific ways to effectuate these changes. Moving toward a co-parenting framework would not only mitigate the inequitable power imbalance between parents and school staff but it would also be more conducive to helping children and young people with behavioral disabilities (and disabilities generally) learn to manage their behaviors and regulate their emotions by promoting consistency in discipline and behavioral expectations across school and home environments. [ABSTRACT FROM AUTHOR]

The article focuses on background on COVID-19 pandemic and its impact on America's public schools and students with disabilities. It mentions Individuals with Disabilities Act (IDEA) requirements and how these requirements changed during the COVID-19 pandemic, including a description of the CARES Act. It also mentions law can change to accommodate students with disabilities and providing compensatory.

Students who are eligible to receive special education and related services are entitled to a free and appropriate public education (FAPE) including the necessary emotional, behavioral, and social supports to access the general curriculum. This study explores Individualized Education Program (IEP) plans of students with disabilities who have social, emotional, or behavioral needs served in five rural independent school districts. Specifically, the study sought to investigate (a) whether the present level of academic and functional performance (PLAAFP) and annual goals demonstrated congruence and (b) whether the degree to which the IEP documents conform to both procedural and substantive requirements for development. A review of 126 IEPs suggests that although IEPs are somewhat compliant, they fail to comprehensively address student needs or align across areas, violating the spirit of Individuals with Disabilities Education Improvement Act. Recommendations and future areas of inquiry are provided. [ABSTRACT FROM AUTHOR]

The article focuses on decisional dispute resolution processes under the Individuals with Disabilities Education Act (IDEA). It mentions parent of a child with a disability filed a complaint with the state education agency's complaint procedures (CP) system and school district quickly responds to the parents' CP filing by initiating a due process hearing (DPH) on the same issues. It also mentions administering agency within the U.S. Department of Education.

The United States (U.S.) Department of Education reports that the range for all students with disabilities included for at least 80% of the day in the general education classroom in different states is between 83.6% and 36.9%. Such a range also exists for individual disability groups. While other studies have noted these differences, none have attempted to determine factors associated with them. In the present study, using the 50 states as subjects, extant data sources were used to determine correlations between the percent of three groups of students included for at least 80% of the day in each state, and key state variables representing states' political leanings, educational levels, financial conditions, and formal complaints as allowed under the Individuals with Disabilities Education Improvement Act (Individuals with Disabilities Education Act, 20 U.S.C. § 1400. 2004). Also analyzed was the relationship between states' educational achievements and levels of inclusion. Findings are reported in terms of correlations between the variables and the variance accounted for in inclusion by different variables. [ABSTRACT FROM AUTHOR]

On March 22, 2017, the U.S. Supreme Court announced its decision in Endrew F. v. Douglas County School District. This case addressed the question how much educational benefit are public schools required to provide to students with disabilities under the Individuals With Disabilities Education Act (IDEA) to confer a free appropriate public education (FAPE). The purpose of this legal update is to provide a brief overview of court developments regarding FAPE, summarize Endrew, and provide implications for practice. [ABSTRACT FROM AUTHOR]

Information on education policy in the field of visual impairment that was discussed at the 2018 American Foundation for the Blind Leadership Conference is presented. Topics covered include the Individuals with Disabilities Education Act, assessments used for the determination of eligibility for vision services, and the role of cognitive testing and standardized testing in a guidance document relating to visual impairment.

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The article discusses information about an early intervention program called Early Learning Visual Impairment Services Training and Advancement Project at Illinois State University. Topics mentioned include the 1977 book "Blindness and Early Childhood Development," by David Warren, studies in the 1990s about early language development and social attachment in young children with visual impairments, and SKI-HI Institute and its Vision Impaired InService in America curriculum in Utah.

The article discusess case law in pursuant to student section 504 on discrimination based upon disability and Americans with Disabilities Act claims against school districts in teh U.S. Topics discussed include determination of whether courts require a heightened, intent standard related to the same; Professor Mark Weber's views on the same; and impact of Individuals with Disabilities Education Act on the same.

While functional behavior assessment (FBA) has been a part of special education law and embedded in Individuals With Disabilities Education Act (IDEA) since 1997, a precise definition of what actions or processes constitute a legal FBA has never been adequately addressed in the law. This article provides an overview of the underlying logic of FBA leading to effective function-based intervention. When focusing on a simplification of the logic behind FBA, there are three big ideas that serve as a foundation for considering the intersection of effectiveness and practicality: function matters, FBA requires repeated observations of behavior, and the only purpose of an FBA is to develop an effective intervention. These big ideas are discussed, leading to a conclusion as to how logic and simplicity must share priority in the process. [ABSTRACT FROM AUTHOR]

A number of initiatives in special education have occurred in the United States over the years, some mandated by amendments to the Individuals with Disabilities Education Act. Having a working knowledge of these initiatives allows music educators to have informed discussions with colleagues and parents and participate more fully in Individualized Education Program (IEP) meetings. Adopting special education practices that are appropriate to music education can also promote consistent and coordinated efforts on behalf of students with disabilities. This article includes summaries of current practices and initiatives in special education. For music educators who would like a basic understanding of their colleagues’ discipline, these summaries offer useful information that can facilitate the inclusion of students with disabilities. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S. Supreme court case Endrew F. v. Douglas County School District regarding school must provide education to students with disabilities under the Individuals with Disabilities Education Act. It mentions that the court rules on special education with free appropriate public education (FAPE). It also mentions that educational services will ensure against persons needlessly being forced into institutional settings.

The article discusses a way for students obtaining school-based services under the Individuals With Disabilities Education Act (IDEA) to have their own form of exemption from state vaccination requirements. Topics mentioned include how to balance state authority to protect the public's health against the federal IDEA law, California's right to offer services to special education students that it prefers, and the Office of Special Education Programs' authority to interpret state laws.

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude for school districts concerning the three approaches—severe discrepancy (SD), response to intervention (RTI), and, as the third, research-based alternative, pattern of strengths and weaknesses (PSW). Moreover, these primary sources of law, with agency policy interpretations being at the margin, provide an ascending absence of detailed directives in this same sequence—SD, RTI, and PSW. In particular, the case law for SLD eligibility is relatively frequent for SD, notably limited for RTI, and nonexistent for PSW. [ABSTRACT FROM AUTHOR]

Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the procedural dimension (e.g., the when and how questions) and then on the substantive dimension (the what question). The results reveal a dramatic difference between the legal requirements under the Individuals With Disabilities Education Act and the professional recommendations for best practice. Our recommendation for both scholars and practitioners is not to fuse or confuse these two levels: one representing the mandatory minimum and the other representing the professional desideratum. Rather, due differentiation provides a proper framework for proposed additions to federal and state laws, strategic opportunities for advocacy in the litigation process, and ample latitude for effective choices for prophylactic practice. [ABSTRACT FROM AUTHOR]

This is the second of two articles outlining the professional school nurse’s role in the special education process for students with disabilities. The Individuals with Disabilities in Education Improvement Act of 2004 mandates the special education process: identification, full and individual evaluation, eligibility determination, and development of the individual education program (IEP), including special education placement. Part 1 focused on the importance of the school nurse’s role in student identification, response to intervention, and the full and individual evaluation. Part 2 highlights the school nurse’s vital and unique contribution to the subsequent special education steps of eligibility determination, IEP development, and special education services placement and minutes. [ABSTRACT FROM AUTHOR]

The article discusses legal and practical considerations for educators for extended school year (ESY) services. Topics include eligibility for ESY under the U.S. Individuals With Disabilities Education Act; characteristics of ESY in context to speech and communication skills; and the court case which examined that whether students with disabilities were entitled to ESY.

Every U.S. student is entitled to a free and appropriate education. School districts must identify and evaluate any child who they find is unable to engage fully in learning as a participant in the general education curriculum. The Individuals with Disabilities Education Act of 2004 requires that these students be assessed by qualified individuals in any areas that may be impacting learning, including health, vision, hearing, social and emotional status, communicative status, and motor abilities. The school nurse, as the health expert, has an important role to play as a member of the special education team in evaluating whether a student has health concerns that are impacting learning and how health barriers to learning might be reduced. As part of the full and individual evaluation, the school nurse composes a written report and makes recommendations to the team regarding necessary health services and other modifications the student may need. This article (Part 1 of 2) will outline the school nurse’s role in identification and evaluation of students who may benefit from special education services. [ABSTRACT FROM AUTHOR]

Introduction: The primary purpose of the Individuals with Disabilities Education Act (IDEA) is to ensure free appropriate public education for individuals with disabilities in the least restrictive environment. The statute also mandates student's access and services for students' access to devices and technology as part of the individual education program. Along with the advancement of technology in the past few decades, the use of high-tech devices has gained attention from educators. However, the statute only ensures the use of these technology devices for students with special needs as assistive technology. Methods: A discussion of the history and current regulations related to special education was provided focusing on the IDEA and the Assistive Technology Act of 1988 as amended. Additionally, articles related recent movement in education to support evidence-based practices were reviewed. In particular, the author evaluated No Child Left Behind (NCLB), Every Student Succeed Act (ESSA), the establishment of What Works Clearinghouse (WWC), and the increasing use of technology. Conclusion: The Universal Design for Learning (UDL) takes a completely different stance in the use of technology. This model places an emphasis on educators being proactive and flexible in order to teach students with diverse needs. The author contends that technology should be incorporated throughout the classroom regardless of pre-existing assumption of educational services, thereby assuring that all students can be instructed with necessary accommodations. The author argues the immediate needs of policy and system changes to improve overall education services for all. [ABSTRACT FROM AUTHOR]

Background: In the debate about how to evaluate students suspected of having a learning disability, the role of context in learning has been consistently minimized in the United States. Objective: This article explores the implications of the current, deficit-based approach to the definition and assessment of learning disabilities and offers a more contextually and culturally responsive alternative. Methods: An examination of the epistemic foundation and the implicit assumptions that underpin current practices reveal the need for a contextualized approach to evaluate individuals that takes into account the interactive roles of the environment and the individual. Results: Decontextualized methods of learning disabilities assessment have negative consequences for many students and contribute to the disproportionate representation of culturally and linguistically diverse students in special education services. This article describes a contextualized approach rooted in a model of ecological congruence that characterizes a student's educational experiences and outcomes as a result of a dynamic process between the student and the classroom environment. Conclusion: Contextual and culturally responsive approaches to evaluation such as ecological congruence can provide a richer and more accurate view of how to remove barriers that impede academic progress. [ABSTRACT FROM AUTHOR]

Background: The research on evidence-based practices (EBP) in special education has shifted over the last decade from identifying efficacious interventions to exploring issues that impede implementation in the classroom. Common barriers to implementation include absence of training and resources, limited collaboration between researchers and practitioners, and the lack of fit between the intervention and environment. These obstacles are frequently cited in the literature in relation to the disparity between research and practice. Although the barriers cited in the research are valid, it is important for stakeholders to investigate this issue from other perspectives and to consider obstacles not readily discussed. Objective: The purpose of this article is to examine how contradictions between implementation fidelity and individualized instruction, and misconceptions between educational terminology and legislation, all impede implementation of evidence-based practices. Method: A review of the EBP literature was conducted, beginning with pivotal research discussed in evidence-based reviews to examine the differences between EBPs and other terminology. Additionally, the outcomes of various court cases were reviewed to determine whether EBPs are in fact legally required. Conclusion: A new set of assumptions is required to highlight the barriers not readily discussed regarding the implementation of EBPs. Specifically, the importance of individualizing instruction for students and how these modifications and accommodations may impact fidelity of implementation. Additionally, researchers and policymakers must clarify the ambiguous language used in legislation and relevant terminology, and communicate these discrepancies to all stakeholders. [ABSTRACT FROM AUTHOR]

Parent involvement in the process of creating an Individualized Education Plan (IEP) is authorized under the Individuals with Disabilities Education Act, a federal law in the United States that ensures children with disabilities have the opportunity to receive a free appropriate public education alongside their peers without disabilities in the least restrictive environment. Yet much research has shown that parents often feel like outsiders during the process. To understand parent perspectives about how educators might help make the IEP process more collaborative and inclusive, this study collected qualitative data from 35 parents of students with disabilities who have worked to develop an IEP with a school team. Our findings provide insight into parent experiences and evidence that parents have many suggestions for how educators can improve the IEP process. In our discussion section, we provide educators with strategies to address parent suggestions. [ABSTRACT FROM PUBLISHER]

The Individuals with Disabilities Education Improvement Act requires that functional behavior assessments be conducted under certain circumstances for students with disabilities. Functional assessments may include indirect assessments (e.g., rating scales, interviews), direct-descriptive assessments (e.g., direct observations with conditional probabilities), and/or experimental functional analyses. Despite being legally required in schools, and consequently commonly conducted, there is limited research establishing the technical adequacy of indirect functional assessment instruments. This review provides an update on the availability and status of indirect functional assessment instruments available for school-based use. Results of the review are consistent with previous reviews identifying deficiencies in existing instruments. In particular, indirect functional assessment instruments for school-based use lack sufficient evidence for temporal stability, internal consistency, inter-rater reliability, treatment utility, and social validity. Results of this review are discussed in terms of directions for future research and implications for applied practice as they relate to school-based functional assessments. [ABSTRACT FROM AUTHOR]

Post-school outcomes for individuals with disabilities have been persistently poor. The Bureau of Labor Statistics (2014) found only 18% of individuals with disabilities were active in the labor force, and Newman et al. (2011) found only 41% have completed a post-secondary education program. Research in secondary transition has identified 64 practices that are effective with and 16 predictors that improve the post-school outcomes for this population. Many of these are compatible with the services speech-language pathologists (SLPs) provide. This article reviews the evidence-based practices and predictors relevant to SLPs by defining, describing, and providing examples of how to use them. [ABSTRACT FROM AUTHOR]

Although physical education teachers overwhelmingly agree that students with disabilities should be included in general education, many are simply not adequately prepared. This article presents universal design for learning as a model that all educators should consider adopting in their classes, and explains how to embed it in physical education and teacher education. [ABSTRACT FROM AUTHOR]

Since the passing of what we now call the Individuals With Disabilities Education Act, or IDEA, students who were previously educated in separate facilities or campuses are now educated in their neighborhood schools. Even though students with severe disabilities are now in their neighborhood schools, many spend the majority of their day in separate classrooms. When they are not in separate classrooms, it is possible students with severe disabilities are participating in art, physical education, and music classes alongside their same-aged peers. [ABSTRACT FROM AUTHOR]

Students with significant cognitive disabilities are eligible to participate in two statewide testing options for accountability: alternate assessments or general assessments with appropriate accommodations. Participation guidelines are generally quite vague, leading to students “switching” test participation between years. In this study, we tracked test participation for two cohorts of students with a documented disability over 3 years. Results suggested approximately 25% of students who initially took the alternate assessment switched test type at least once, although patterns of switching were not consistent across disabilities. Students on the performance “bubble” were more likely to switch test participation. Test switching poses challenges for monitoring students’ academic growth within accountability frameworks. [ABSTRACT FROM AUTHOR]

The article reflects on the U.S. Individuals with Disabilities Education Act (IDEA) which identifies particular requirements for receiving federal funding for special education. It mentions that the impact school violence had on the 1997 and 2004 Amendments to the IDEA and its ultimate impact on the due process rights of students with disabilities. It also mentions that proposes Section 1415 of the IDEA be amended in order to better reflect legislative purpose and original intent of the IDEA.

The article focuses on lawsuits concerning placements of students with disabilities in the U.S. Topics discussed include regulations of Individuals with Disabilities Education Act (IDEA) requiring provision of continuum of alternative placements, requirement of the individualized education program (IEP) teams for reviewing of all placements and a case concerning IEP being an inappropriate basis for unilateral placement in a private school.

Typically, child characteristics such as IQ and severity of autism symptoms are thought to determine educational placement. The present study examines external factors, including state of residence and state funding formulas, to determine their potential influence on placement outcomes. Findings reveal that considerable variations exist among states in placing students with autism spectrum disorders in inclusive, mainstreaming, self-contained, and separate schools. This variation suggests that factors beyond child characteristics, such as IQ, play a major role in educational placement decisions. Furthermore, states in the Eastern United States tend to have more restrictive placement rates than states in the Western United States. State special education funding was found to have a minimal impact on placement outcomes. As a whole, it is unlikely that child characteristics alone determine placement outcomes. [ABSTRACT FROM AUTHOR]

The article presents an overview of the manifestation determination process for students who receive special education services that are recommended for suspension or a chance in placement. It refers on the Individuals with Disabilities Education Act (IDEA) which aims to prevent excessive exclusionary discipline. It notes the history and importance of manifestation determinations.

STUDENTS WHO ARE DEAF with a disability or disabilities (DWD) constitute nearly half of the population of K-12 learners who are deaf or hard of hearing. However, there is a dearth of information on theory, research, and practice related to these learners. The authors present an overview of (a) how the field of education of students who are D/deaf and hard of hearing might refer to this unique population in a way that represents the learner, not the disability; (b) the demographic data that further define these learners; (c) a theoretical framework within which to guide research and practice; (d) prevalence and frequency of the existing research; and (e) the practices and resources available to guide practitioners and the parents of students who are DWD. Questions are posed to the field on how to continue to improve the theory, research, and pedagogy used with these students. [ABSTRACT FROM AUTHOR]

The article discusses how to prepare students with disabilities to successfully transition into 21st century college and careers. Topics discussed include reauthorization of the U.S. Individuals with Disabilities Education Act (IDEA) which clarified the purpose of education for students with disabilities, the development of the Triangulated Gap Analysis Tool (TGAP) to assist students and educators, and how to calculate the discrepancy between performance of students and the needed benchmark.

Students with significant cognitive disabilities present an assessment dilemma that centers on access and validity in large-scale testing programs. Typically, access is improved by eliminating construct-irrelevant barriers, while validity is improved, in part, through test standardization. In this article, one state’s alternate assessment data were analyzed to determine the impact of (a) administration supports based on students’ level of independence and (b) a scaffold test administration format. Using structural equation modeling, we tested the extent to which students’ level of independence mediated the relation between disabilities and latent content knowledge scores. We then tested the invariance of the measurement model across administration formats. The results provide evidence that these supports help students access the test without compromising the validity of test-based inferences. [ABSTRACT FROM PUBLISHER]

Recent studies have raised concerns about the vagueness of alternate assessment eligibility guidelines, specifically, that students with mild disabilities (SWMD) have been inappropriately assigned to alternate assessment–alternate achievement standards (AA-AAS). In this study, special education teachers (N = 317) were surveyed about SWMD in vignettes to explore (a) perceptions of the clarity of eligibility guidelines, (b) teachers’ test-type decisions, (c) factors considered when making test-type decisions, and (d) teachers’ priority rankings of these factors. Teachers’ test-type decisions varied by state, subjectivity, and noninstructional factors. Findings raise concerns about the inconsistency and lack of specificity of the current state guidelines, their vulnerability to subjective interpretation of eligibility, and states’ different alternate assessment systems. Directions for future research, implications of the current findings, and limitations are discussed. [ABSTRACT FROM PUBLISHER]