This article presents a tool for systematic consideration of the accuracy of the legal contents of publications in special education. The tool is a two-dimensional grid with one axis having three overall levels relative to legal requirements and the other axis having the three perspectives symbolized by the courtroom roles of pro-parent,…

Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

For this sixth article in a series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the author summarizes a case in which an Oregon school psychologist provided foster care for a child with severe behavior problems and subsequently was reported for gross neglect of…

A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

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…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

Describes four legally sensitive scenarios involving student access to the Internet and recommends appropriate strategies to assist principals in reducing exposure to legal action. (PKP)

Describes a suit against the East Lansing (Michigan) Schools, brought by conservative religious parents dissatisfied with counseling, music, and conflict-resolution activities provided for their third-grade son. The plaintiffs' action failed. The Hatch Act has limitations. However, there is strong public sentiment against entrusting schools with…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

The legal situation of a college being sued by a group of students following elimination of a graduate program is outlined and analyzed in terms of other related court litigation, the possible directions of the case, and the college's possible legal defenses. (MSE)

A Florida student suicide case alleging administrative and school board negligence had mixed results. School officials must be vigilant about the possibility of student suicide and put appropriate procedures into place. The connections to school may include confidential communications, curricular linkages (educational films and student journals),…