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…

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…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

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…

In reversing an expulsion order for a high-school student suffering from (undiagnosed) ADD, a federal district court judge has limited schools' ability to punish students with disabilities for serious offenses like vandalism. Nondisabled culprits escaped expulsion by withdrawing from school. All three boys were criminally prosecuted. (MLH)

Recounts the case of Lauren, a moderately disabled student suspended for disruptive, aggressive behavior before the Individuals with Disabilities Education Act was amended. The Seventh Court of Appeals upheld the suspension. The majority of such cases have gone against districts, reflecting a relatively high judicial standard of dangerous…

Although disabled students in two major cases have won inclusionary placement in regular classes, numerous other "full inclusion" cases recently were decided in school districts' favor. This article provides a recent illustrative case (a disruptive student with ADHD and Tourette Syndrome) and a question/answer discussion about…

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

The Massachusetts Supreme Court overturned a lower court's ruling against a speech pathology teacher whose contract was not renewed following a parent's complaint. The teacher had explained 4-letter words to 13 year-olds, bringing them up in class, then discouraged further usage. Judges decided the teacher had acted creatively in response to…

Updates a 1993 article describing two successful full-inclusion cases involving disabled students. In a 1994 case, a disruptive junior high student with Attention Deficit Hyperactivity Disorder and Tourette Syndrome was placed temporarily in an off-campus, self-contained program. The Ninth Circuit Court affirmed the trial court's decision…