The Individuals with Disabilities Education Act Amendments of 1997 (IDEA’97) was passed by Congress and signed into law on June 4, 1997. It is the basis for the Part B regulations, which were issued by the U.S. Department of Education, Office of Special Education and Rehabilitative Services on March 12, 1999. In addition, IDEA’97 included changes to Part C, The Early Intervention Program For Infants and Toddlers with Disabilities. These changes were reflected in final regulations published on April 14, 1998 and March 12, 1999.

Disagreements about the application of the IDEA and its implementing regulations are a focal point of the federal court system. There are more than 100 federal district courts. In addition, there are thirteen federal judicial circuits (the United States Courts of Appeal). At the top of the federal court system, is the U.S. Supreme Court whose decisions set the legal standard for the entire nation. The state court system can interpret federal law, but is more likely to address individual state laws concerning special education.

The Litigation Log contains selected cases from the U.S. Supreme Court and from the various Circuit Courts of Appeal. Decisions from state courts and federal district courts are not included on the Litigation Log since the jurisdiction of state courts is restricted to the boundaries of the state itself, and federal district court decisions are confined to the geographic region the court serves.

The primary purpose of the Litigation Log is to make available for service providers and administrators with an overview of the substantive issues that have been and are continuing to be addressed by the U.S. Supreme Court and U.S. Courts of Appeal. Cases are organized and can be searched by topic and/or circuit.

The reader should note that the Litigation Log is not an exhaustive list of cases. Furthermore, cases that are concerned with purely technical issues such judicial jurisdiction; statute of limitations, or exhaustion of administrative remedies are not included in the Litigation Log.

The Litigation Log provides the reviewer with an opportunity to examine various legal standards that apply to them as these are established by their own federal circuit court. It also allows them to compare these decisions with decisions from other circuits. A working knowledge of the various legal standards established across the country can only assist in making sound educational decisions for students with disabilities.

The case law presented here is not meant to be the final word on court decision in special education. For those individuals who need a more definitive analysis of these or other cases, it would be highly recommended that they consult with their board or agency attorney.