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The article explores whether the U.S. Supreme Court 2017 decision in Endrew F. v. Douglas County School District RE-1 modified the Free and Appropriate Public Education (FAPE) standard for twice-exceptional students. Topics covered include the qualifications for twice-exceptional students, an overview of special education law between 1960 and 2004, and the argument that amending the Individuals with Disabilities Education Improvement Act (IDEIA) is unlikely to be successful.

Purpose: The purpose of this article is to situate the recent language disorder label debate within a school's perspective. As described in two recent The ASHA Leader articles, there is international momentum to change specific language impairment to developmental language disorder. Proponents of this change cite increased public awareness and research funding as part of the rationale. However, it is unclear whether this label debate is worthwhile or even practical for the school-based speech-language pathologist (SLP). A discussion of the benefits and challenges to a shift in language disorder labels is provided. Conclusions: Although there are important arguments for consistency in labeling childhood language disorder, the reality of a label change in U.S. schools is hard to imagine. School-based services are driven by eligibility through the Individuals with Disabilities Education Act, which has its own set of labels. There are myriad reasons why advocating for the developmental language disorder label may not be the best use of SLPs' time, perhaps the most important of which is that school SLPs have other urgent priorities. [ABSTRACT FROM AUTHOR]

Specific learning disabilities (SLDs) are highly relevant to the science and practice of psychology, both historically and currently, exemplifying the integration of interdisciplinary approaches to human conditions. They can be manifested as primary conditions—as difficulties in acquiring specific academic skills—or as secondary conditions, comorbid to other developmental disorders such as attention-deficit hyperactivity disorder. In this synthesis of historical and contemporary trends in research and practice, we mark the 50th anniversary of the recognition of SLDs as a disability in the United States. Specifically, we address the manifestations, occurrence, identification, comorbidity, etiology, and treatment of SLDs, emphasizing the integration of information from the interdisciplinary fields of psychology, education, psychiatry, genetics, and cognitive neuroscience. SLDs, exemplified here by specific word reading, reading comprehension, mathematics, and written expression disabilities, represent spectrum disorders, each occurring in approximately 5% to 15% of the school-aged population. In addition to risk for academic deficiencies and related functional social, emotional, and behavioral difficulties, those with SLDs often have poorer long-term social and vocational outcomes. Given the high rate of occurrence of SLDs and their lifelong negative impact on functioning if not treated, it is important to establish and maintain effective prevention, surveillance, and treatment systems involving professionals from various disciplines trained to minimize the risk and maximize the protective factors for SLDs. [ABSTRACT FROM AUTHOR]

According to the Individuals with Disabilities Education Act every student that has a documented disability is required to have an individualized education program (IEP). The IEP comprises core areas, including physical education. The purpose of this article is to clarify 12 myths about physical education for students with disabilities and help general physical education and classroom teachers. Lastly, this article will provide suggestions for teachers to get involved in the IEP process and be a valuable member of the team to ensure a high quality of physical education for all students. [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 purpose of this secondary analysis of state-collected data was to investigate developmental outcomes of preschool special education (PSE) services in a statewide cohort of participating children (n = 17,828). In line with federal performance indicators for Individuals with Disabilities Education Act early childhood programs, the outcome of interest in this study was the percentage of children who demonstrated age-expected functioning in all 5 major domains of development-- communication, cognitive, motor, personal-social, and adaptive--at the time they exited the PSE program. The study also investigated the extent to which this outcome varied, depending on the severity and complexity of children's delays when they began PSE services. Overall, 38.2% of children exited the program within age norms in all 5 domains; percentages for subgroups of children ranged from 77% for children with no measured delay on entry to 23% for children demonstrating severe delay in 1 or more developmental areas. Holding delay severity constant, each additional domain of delay on entry was associated with a decrease in the percentage of children exiting within age norms. Findings of the study problematize the application of a single definition of "expected progress" for all participating children and underscore the utility of examining and reporting program outcomes for subgroups of children. [ABSTRACT FROM AUTHOR]

Race-specific time trends in Autism Spectrum Disorder prevalence are tracked among 3–5 year-olds and 8 year-olds identified by the U.S. Individuals with Disabilities Education Act (IDEA) and the Autism and Developmental Disabilities Monitoring (ADDM) Network, respectively. White ASD prevalence historically has been higher than other racial groups but plateaued for IDEA birth cohorts from ~ 2004 to 2007 before resuming its increase. Black and Hispanic IDEA prevalence increased continuously and caught up to whites by birth year ~ 2008 and ~ 2013, respectively, with black prevalence subsequently exceeding white prevalence in the majority of states. Plateaus in white prevalence occurred in some ADDM states for birth years 2002–2006, but IDEA trends suggest prevalence will increase across all racial groups in ADDM's birth year 2008 report. [ABSTRACT FROM AUTHOR]

Students with disabilities are frequently arrested in K-12 public schools for misbehavior that would be better addressed with reasonable accommodations and behavioral support. Title II of the Americans with Disabilities Act ("Title II") prevents discrimination by requiring that public entities modify procedures to allow individuals with disabilities to benefit from and participate in the entity's programs, services, and activities. Despite this sweeping protection, some courts have held that Title II does not apply during an arrest. This exception to the Americans with Disabilities Act ("ADA") protection is particularly problematic when applied to arrests in schools because students with disabilities are at high risk of arrest: 26% of students arrested and 75% of students restrained have a disability. This Article takes the novel position that because arrests in a school setting do not pose the same risks as arrests in a community setting, Title II should apply to arrests in a school setting. But applying Title II alone will not stop arrests. This Article goes beyond ADA protection and offers proactive solutions to curb misbehavior and prevent arrests. Schools are required by the Individuals with Disabilities Education Act ("IDEA") to provide students with an Individualized Education Plan reasonably calculated to allow the student to make progress. A student is unable to progress when maladaptive behaviors interfere with learning and lead to arrests. Amendments to the IDEA requiring schools to implement policies and procedures for law enforcement involvement, and behavioral supports when a student's behavior hinders learning, would reduce misbehavior, eliminate the need for law enforcement involvement, and reduce the number of arrests on school campuses. [ABSTRACT FROM AUTHOR]

The Individuals with Disabilities Education Act (IDEA) lays out a powerful set of protections and procedural safeguards for students with disabilities in public schools. Nevertheless, there is a persistent debate as to how far schools must go to fulfill their mandate under the IDEA. The Supreme Court recently addressed this question with its decision in Endrew F. v. Douglas Cty. School District Re-1, holding that an educational program for a student with a disability must be "reasonably calculated" to enable a child's progress in light of their circumstances. Currently, the Act's statutory language mandates Individual Education Program (IEP) teams to consider a variety of factors including "the strengths of each child," "the concerns of the parents," "the results of the . . . most recent evaluation of the child," and "the academic, developmental, and functional needs of the child."1 This Note proposes an amendment to the IDEA, inspired by the Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis framework used in business strategy, that adds external "threats" to this list of factors. This amendment will help parents, advocates, and schools better understand the Endrew F. standard and implement it with fidelity to the IDEA's broad mandate. [ABSTRACT FROM AUTHOR]

An infant or toddler can begin the process of receiving Part C early intervention services by having a diagnosed condition with a high probability of developmental delay (Individuals with Disabilities Education Improvement Act, 2004). How states define those diagnosed conditions that begin the initiation process varies widely. Lists of diagnosed conditions were collected from state Part C websites and Part C coordinators for a descriptive analysis. Across 49 states, the District of Columbia, and 4 territories, a final list of 620 unique conditions was compiled. No single condition was listed by all jurisdictions. Hearing impairment was the condition listed by the most states (n = 38), followed by fetal alcohol syndrome (n = 34). Of the 620 conditions, 168 (27%) were listed by only 1 state, 554 (89%) were listed by fewer than 10 states, and 66 (11%) were listed by 10 or more states. Of these 66 conditions, 47 (71%) were listed by fewer than 20 states. Most of these 66 conditions (n = 48; 72.7%) had a prevalence of "very rare or rare," 8 (12%) were "common," 6 (9%) were "very common," and 4 (6.1%) were "unknown." The wide heterogeneity in the number and type of diagnostic conditions listed across states should be further investigated as it may represent imbalances in children with diagnosed conditions gaining access to Part C evaluations and individualized family service plans and potentially the services themselves across states. In addition, providing ready access to lists of diagnosed conditions is a simple step that could help states and Part C programs facilitate access to services. [ABSTRACT FROM AUTHOR]

This study provides an analysis of special education data from the United States and from the United Kingdom (England) to examine national trends and to provide a research baseline for benchmarking. After years of steady increases in the US and England, Individuals with Disabilities Education Act (IDEA) enrollments and statements of special educational needs (SEN) have declined in the last decade, but there has been a recent unexpected growth in the new education, health, and care plans in England. Extremely wide variations exist for dispute resolution due process complaints, with litigation being 70 times more likely to occur in Washington DC. The article takes the view that parents should expect more equity in overall special education services without a 'zip code/postcode' lottery. Suggestions for further research include an exploration of better equivalence of data within the US by the use of education demographic and geographic estimates for school districts and statistical neighbors methodology for English Local Authorities. In conclusion, school psychologists are ideally placed to use their research and development skills to assist with benchmarking to inform critical self-reviews at both a local and a national level and to investigate more fully the complexities behind the significant variations in dispute complaints. [ABSTRACT FROM AUTHOR]

The purpose of this study was to analyze the readability of Individuals with Disabilities Education Act (IDEA) Part B procedural safeguard documents, as distributed by each of the 50 U.S. states. Results were compared to the 5th- to 6th-grade readability guideline for documents recommended by experts in health literacy and health communication. Method: A commercially available readability software, Readability Studio (Oleander Software, 2009), was used to assess document readability. Text-based files of each IDEA Part B procedural safeguard document were analyzed using four readability formulas: Flesch-Kincaid (Flesch, 1965), Gunning fog index (Gunning, 1952), Flesch Reading Ease (Flesch, 1948), and Simple Measure of Gobbledygook (McLaughlin, 1969). Results: No procedural safeguard document scored below an 11th-grade reading level. Seventy-four percent of these documents were found to be written at a graduate reading level--meaning these documents are written for a reader who is currently enrolled in a master's degree or higher education program. Conclusion: In an effort to decrease barriers to parent participation in the Individualized Education Planning process, those who administer IDEA Part B procedural safeguards should be sensitive to the potential mismatch between the literacy skills of the parent/guardian and the literacy skills needed to comprehend these documents. Developers of IDEA Part B procedural safeguards should account for estimated literacy skills of the general public as ongoing revisions to these safeguards are made. [ABSTRACT FROM AUTHOR]

The article discusses how due to the inconsistent and inconvenient laws, parents and school administrators are struggling to find ways to accommodate the children's need for medical marijuana in the U.S. Topics discussed include legalization of marijuana for medicinal purposes; Washington's statute dealing with the use of medical marijuana in school; and provisions of Individuals with Disabilities Education Act.

College education has become a prerequisite in today's globalized, knowledge based, and technology controlled economy. A college education not only benefits the individual, it also has numerous advantages for society. Research shows that college graduates are less likely to be involved with crime, more likely to be home owners, more likely to be healthy, more likely to live longer, and more likely to be financially astute. They tend to be good citizens whose contributions to society are hard to enumerate. Unlike compulsory public school education in the USA, there are no laws that mandate attendance in a college. For high school students with disabilities, the scenario is slightly different. The Individuals with Disabilities Education Improvement Act (IDEA) mandates that high school teachers and guidance counselors help high school students with disabilities plan for postsecondary education and post-school outcomes. Consequently, unprecedented numbers of students with disabilities are arriving in colleges and universities. Unfortunately, college professors and other personnel are not always prepared to work with these students. This paper focuses on educational rights of college students with disabilities that have been granted to them by federal legislation such as the Americans with Disabilities Act, and the Rehabilitation Act. It also includes short case studies of college students with disabilities. [ABSTRACT FROM AUTHOR]

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]

The article focuses on the requirements that the U.S. Individuals with Disabilities Education Act places on public schools. Topics include Arizona's constitutional provisions and state case law that establish a fundamental right to education; the financing of school special education programs at the federal and state levels; and the U.S. Supreme Court case Endrew F. ex rel. Joseph F. v. Douglas County School District on same.

"The deprivation of public education is not like the deprivation of some other governmental benefit. Public education has a pivotal role in maintaining the fabric of our society and in sustaining our political and cultural heritage: the deprivation of education takes an inestimable toll on the social, economic, intellectual and psychological well-being of the individual, and poses an obstacle to individual achievement." The Individuals with Disabilities Education Act (IDEA) ensures students with disabilities enjoy significant legal protections and promises access to a free, appropriate public education. However, the IDEA intentionally omits from its protection some of the most vulnerable individuals--those with disabilities who are incarcerated in American prisons. The exceptions within the IDEA for this population all but ensure these individuals are unable to access meaningful education. This Article explores the exceptions in the IDEA for this population, providing a comprehensive overview of the denial of special education services in American prisons in a broader social context, and considering the costs to both the individual and society as a whole. Individuals with disabilities are more likely to be incarcerated, to go unidentified as needing services, and to lack meaningful access to education prior to their conviction. Upon release, they are less likely to find gainful employment. Ultimately, the failure of the IDEA to ensure that this population has access to special education contributes to a cycle of disenfranchisement that begins with a poor education system and ends with increased recidivism rates. Given the overall costs, both economic and individual, this Article concludes that these exceptions should either be repeated entirely or, at a minimum, the IDEA should be redrafted to end their inappropriate reach. [ABSTRACT FROM AUTHOR]

Purpose: This study aimed to determine if African American students were disproportionately represented between the years of 2004 and 2014 in the primary disability category of Speech or Language Impairment (S/LI) under the 2004 reauthorized Individuals with Disabilities Education Improvement Act. Method: S/LI enrollment data from the Office of Special Education Programs and general enrollment data from the National Center for Education Statistics were analyzed to compare the risk of primary S/LI category enrollment of African American students to that of all other students. Risk ratios with 99% confidence intervals were calculated for each state across the 10 years studied. Results: An average of 75% of states disproportionately represented African American students in the S/LI category each year; on average, 62% underrepresented African American students, and 14% overrepresented them. A post hoc analysis of the relationship between African American student representation and population densities revealed that states with high African American population densities almost exclusively underrepresented African American students and states with low densities tended toward a proportionate representation. Conclusions: African American students were largely underrepresented in the category of S/LI in the years studied. These findings, alongside historic and chronic overrepresentation in other categories of special education, are discussed in the context of the fragmented harm theory (Payne, 1984; Voulgarides, 2018; Voulgarides, Zwerger, & Noguera, 2013) and the disability rights and critical race theory (Annamma, Connor, & Ferri, 2013). [ABSTRACT FROM AUTHOR]

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 laws not only directly but also in connection with the added avenue of liability under Section 1983, and discusses the practical implications of the almost entirely "No" answer to this focal question. [ABSTRACT FROM AUTHOR]

A survey was distributed in 8 states to learn about perceived strengths and challenges of service coordination from those working in early intervention (EI) programs under Part C of the Individuals with Disabilities Education Act. Survey responses from 769 service coordinators and other EI personnel in 8 states provide an overview of state systems and the implementation of service coordination activities within these state EI systems. Respondents suggested that service coordinators experience the following needs: (1) balancing the workload by reducing the number of families served per service coordinator and decreasing the amount of paperwork; (2) improved compensation and funding; and (3) better and more frequent training opportunities. Findings from this survey were analyzed and used by representatives from participating states to determine state and national action plans for improving the professional development and identity of service coordinators, with the goal of prioritizing support for this important part of the early childhood intervention workforce. [ABSTRACT FROM AUTHOR]

• Special education administrators at both the district and school level are serving in critical roles that uniquely position them to improve academic and behavioral outcomes of students with disabilities by ensuring the special education teachers under their supervision are prepared to deliver an evidence-based form of intensive intervention--data-based individualization. • Thismanuscript reports lessons learned fromthe National Center on Intensive Intervention's first 5 years of providing technical assistance to 26 schools. School staff received training and ongoing support to integrate intensive intervention into their service delivery models. • Lessons learned focus on establishing a core implementation team, examining the current state of intervention efforts, starting with a focused pilot project, targeting professional development efforts, and establishing documented procedures and intervention plans. • Guidance for special education administrators to get started with the integration of data-based individualization into special education services is provided. [ABSTRACT FROM AUTHOR]

The article focuses on history of the right to education in the U.S. Topics discussed include U.S. Supreme Court case Brown v. Board of Education addressing racial desegregation of public schools under Civil Rights Act of 1964; enactment of Individuals with Disabilities Education Act for preventing discrimination in education; and comparison of the right in U.S. to South Africa's unambiguous constitutional recognition.

Youth involved with the juvenile justice system present with a higher rate of disability, including mental illness and learning disabilities, than do nonsystem-involved youth. These young people are often eligible for special education services as provided by the federal Individuals with Disabilities Education Act ("IDEA"). Eligible youth incarcerated in juvenile detention and correctional facilities, however, often fail to receive these services. Education advocates typically bring suits against school districts and correctional institutions alike under the IDEA's mandate to provide a free appropriate public education to students with disabilities. Unfortunately, this approach is failing because the IDEA is not able to tackle other conditions within facilities that stand as barriers to educational access. The IDEA, however, is not the sole remedy available. The Americans with Disabilities Act ("ADA"), which reaches beyond the educational context and applies to more governmental entities than the IDEA, offers a more robust litigation avenue for enforcing the education rights of incarcerated youth with disabilities. Bringing suit under the ADA, therefore, either alone or in conjunction with the IDEA, could result in more consistent enforcement of incarcerated youths' right to an education than bringing suit solely under the IDEA. [ABSTRACT FROM AUTHOR]

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The article analyzes the decision of the U.S. Supreme Court case in Andrew F. versus Douglas County School District. Topics covered include the development of the free appropriate public education (FAPE) requirement of the Individuals with Disabilities Education Act (IDEA), the Supreme Court's FAPE ruling in Board of Education of the Hendrick Hudson Central School District versus Rowley and the conclusion of the Andrew case in the U.S. District Court.

The article discusses and examines the least restrictive environment (LRE) concept prevalent in the American with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Topics covered include an examination of a historical perspective of the LRE, and an exploration of the various uses of the LRE in civil commitment laws, special education, group homes and community based treatment, guardianships and architectural accessibility.

The author argues that remediation efforts should include universal access to preschool. Topics covered include the effects of childhood lead exposure on the capacity of children to get an adequate education, details of how the Individuals with Disabilities Education Act (IDEA) fails to guarantee access to preschool for most children who are exposed to lead and the two fundamental changes to the IDEA as proposed by the author.

The Second Circuit Court of Appeals has declared that "Prior decisions of this Court are consistent with the Supreme Court's decision in Endrew F.," the 2017 Supreme Court case interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its earlier decisions and forthrightly overrule or limit those cases that are not consistent with the interpretation of the appropriate education duty found in Endrew F. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the editor discusses articles in the issue on topics including the development of the Individuals with Disabilities Education Act (IDEA), the rights of children with disabilities and the failures to provide adequate protection to individuals in relation to sexual autonomy and identity.

The article explores how the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) has evolved and examines whether the laws have achieved their objectives. Topics covered include a look into the fore stories and struggles with Americans with disabilities and their family members and supporters, the significance of an inclusive and participatory American society and the impact of the integration and inclusion drive as inspired by the ADA and IDEA.

The article explores some of the issues impacting the application of the Americans with Disabilities Act (ADA) or the Individuals with Disabilities Act (IDEA) in determining whether a student be allowed to be accompanied by a service animal at a primary or secondary educational institution. Topics covered include a background on the Fry versus Napoleon Community Supreme Court case and cases relating to service animals in schools applying the analysis set forth in the Fry decision.

The article discusses a hypothetical court case pertaining to a school child named K.G. whose mother filed a lawsuit against the Rural School District on account of the district's failure to evaluate K.G. on various occasions. It outlines considerations with regard to the monetary liability of the school's personnel under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) under which K.G. is supposed to fall.

The article provides an additional way to explain to parents and school officials the key differences between the Individuals with Disabilities Education Act's (IDEA) dispute resolution processes in special education using a multidimensional model. Topics covered include due process complaints, complaints to the state department of education, and mediation.

Students with disabilities are disproportionately restrained and secluded in schools. Though sometimes these practices are employed as necessary safety measures to de-escalate a behavioral crisis and protect students and staff from injury, they are prone to abusive or unsafe implementation, especially when performed by untrained or inadequately trained staff. In recent years, research has emerged illuminating the risks associated with these practices, which can lead to injury or death when performed improperly. There is currently no federal legislative or regulatory framework in place addressing the practice of restraint and seclusion in schools, and state practices vary widely. As such, this Note proposes amending the Individuals with Disabilities Education Act, the statute governing the rights of students with disabilities, to affirmatively require the inclusion of positive behavioral interventions and supports in individualized education plans. Additionally, this Note proposes recommendations to bolster protections for students with disabilities at the state level. [ABSTRACT FROM AUTHOR]

The article highlights few U.S. Supreme Court decisions. Several cases discussed include "Colonial Sch. Dist. v. Rena C." related to reimbursement of attorney's fees under Individuals with Disabilities Education Act (IDEA); "P. v. West Hartford Bd. of Educ" related to child had been denied free appropriate public education due to procedure violations of IDEA; and "S.B. v. Seymour Community Schools" on protection against parent of student after parent protested school wearing firearm. s.

The article offers information on a Terry Seligmann's article published in a 2017 issue of the periodical in which she used football to analyze the U.S. Supreme Court's decision in "Endrew F. v. Douglas County School District RE-1," in which the court ruled that held that, under the Individuals with Disabilities Education Act, schools must provide students an education to enable a child to make appropriate progress It highlights the court's decision in "Board of Education v. Rowley."

The article offers information on a Terry Seligmann's article published in a 2017 issue of the periodical in which she used football to analyze the U.S. Supreme Court's decision in "Endrew F. v. Douglas County School District RE-1," in which the court ruled that held that, under the Individuals with Disabilities Education Act, schools must provide students an education to enable a child to make appropriate progress It highlights the court's decision in "Board of Education v. Rowley."

The article examines current law in the U.S. and proposes constructive change to deal with inequities for students with behavior challenges. Topics discussed include behavior provisions in the Individuals with Disabilities Education Act, state statutes and rules and similarities and differences in appellate court decisions of the eleven federal circuits from 2011 through 2016.

The article explore the legal protections governing alternative school placements for disciplinary purposes in the U.S. Topics include use of alternative school transfers for disciplinary reasons; enactment of Individuals with Disabilities Education Act for preventing discrimination in schools; and the U.S. Supreme Court case Goss v. Lopez on same.

The article examines U.S. law and proposes constructive change to deal with inequities for students with behavior challenges. The behavior provisions in the Individuals with Disabilities Education Act (IDEA) are addressed. The similarities and differences in appellate court decisions of the eleven federal circuits concerning a factual or legal determination of the Functional Behavioral Assessment and Behavior Intervention Program requirements are discussed.