Recent Legal Developments of Interest to Special Educators

Abstract

An overview is provided of five recent legal developments that merit special attention of special educators: (a) the amended Individuals with Disabilities Education Improvement Act (IDEIA) regulations concerning parental consent, including subsequent agency interpretations concerning their practical application; (b) the IDEIA provisions and resulting state laws and implementation issues for response to intervention; (c) the IDEIA provision for basing the individualized education program statement of special education on peer-reviewed research to the extent practicable and subsequent case law applying this provision; (d) the case law on behalf of students with autism spectrum disorder, including the issues of eligibility and free appropriate public education or least restrictive environment; and (e) the IDEIA revisions concerning discipline, with special attention to suspensions/expulsions, disproportionality, and the corresponding Section 504 requirements.

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