Between 1993 and 1998 there were 45 published due process hearings and court cases in which parents of children with autism challenged the appropriateness of a school district's educational program for their child. These hearings and cases involved parental requests for school districts to provide, fund, or reimburse them for the Lovaas treatment program for their young children. The purpose of this article is to examine how these hearings and cases affect the definition of "appropriate" special education programs. First, we review previous legislative and litigative definitions of a free appropriate public education (FAPE). Next, we analyze the Lovaas treatment hearings and cases to identify factors associated with winning and losing decisions. Finally, we discuss the implications of these decisions to provide guidance to schools in adhering to the procedural and substantive requirements of a FAPE.

The Individualized Education Program (IEP) has been the cornerstone of special education since the Education for All Handicapped Children Act became law in 1975. We begin this article by examining the relationship between the IEP and a free, appropriate public education. Then we discuss the IEP process and highlight the procedural changes and new requirements mandated by the Individuals with Disabilities Education Act Amendments of 1997. Next, we present information from a number of due process hearings and cases that have involved IEPs to illustrate mistakes school districts often make that can result in rulings against a district. Finally, we provide guidelines to assist schools with developing legally correct and educationally appropriate IEPs.

Children and youth with disabilities have historically received unequal treatment in the public education system. In the early 20th century, the enactment of compulsory attendance laws in the states began to change the educational opportunities for these students. Opportunities for admittance to public schools were greater, but many students nevertheless did not receive an effective or appropriate education. Beginning in the late 1960s and early 1970s, parents and advocates for students with disabilities began to use the courts in an attempt to force states to provide an equal educational opportunity for these students. These efforts were very successful and eventually led to the passage of federal legislation to ensure these rights. The purpose of this article is to examine the legal history of special education. We will examine these early efforts to ensure a free appropriate education for students with disabilities up to and including the enactment of the Individuals with Disabilities Education Act Amendments of 1997.

No abstract

Over the past decade, there has been a dramatic increase in litigation regarding the education of students With autism spectrum disorders (ASD). Because of the complexity of ASD and the costs of litigation related to the Individuals With Disabilities Education Act, ASD has become a high-stakes issue for parents and school districts. The purpose of this article is to extrapolate principles from the ASD litigation to provide guidelines to assist Individualized Education Program teams in developing appropriate special education programs for students With ASD.