The U.S. Department of Education (Department) issued a Dear Colleague Letter (Letter) on November 16, 2015, to "clarify that an individualized education program (IEP) for an eligible child with a disability under the Individuals with Disabilities Education Act (IDEA) must be aligned with the State's academic content standards for the grade in…

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…

Career and technical education (CTE) provides students of all ability levels the opportunity to develop skills for a post-secondary career. When students with disabilities are included in CTE, educators are legally required to provide an appropriate program that meets each student's unique needs. There are, however, few discussions in the…

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…

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…

Behavior management can be a key to student, teacher, and district success. When students with disabilities are served, effective behavior management is even more critical. Failure to implement proper discipline with students with disabilities can have financial consequences. For students, the emotional toll can be greater, albeit intangible.…

This article addresses legal concerns regarding the use of level systems to manage students with emotional and behavioral disorders. Concerns pertain to a failure to individualize the program, including restricted access to the least restrictive environment, curricular issues, and procedural concerns. A decision-making model to aid in designing…

Summarizes a case involving a district's alleged violation of a neurologically impaired student's rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (Section 504). The Third Circuit Court ruled that IDEA's "stay-put" rule did not excuse the district from developing a timely individualized…

This article analyzes the 1999 decision of the U.S. Supreme Court, Sutton v. United Air Lines, as it pertains to people with disabilities, especially students covered by federal education and civil rights legislation. It sets out implications of the decision for special and general educators as they engage in Individualized Education Program…

Administrators in public schools are undoubtedly familiar with their duties under federal law to serve students with disabilities in the educational program. Far fewer, however, are aware of their legal obligations to these same students in after-school athletics and extracurricular activities. Are students with disabilities entitled to…

Principals are pivotal in expanding opportunities for more inclusive programming while ensuring that students with disabilities receive carefully planned, individualized services. By allocating the necessary resources, providing inservice training, scheduling time for collaborative planning and preparation, and designing systematic program…

The article discusses problems that may arise in relation to identification, evaluation, Individualized Education Programs, related services, and due process protection for inmates eligible for special education. Problems include failure to identify and evaluate adequately and issues related to discipline, suspension, and exclusion. (Author/CL)

School districts are on safer legal ground if they recommend appropriate educational services for each special-needs child, convene parents and school personnel for Individual Education Plan meetings, make placement decisions based on individualized, thorough evaluations; document alternative options; develop behavior-management programs, and use…

This article describes how parent representatives can effectively prepare for and conduct due process hearings as required under Public Law 94-142 when conflict resolution efforts fail. Key terms involved in the legislation are discussed, as are applications of the Attorney's Fee Act to minimize the financial burden involved in such litigation.…

Since the passing of Section 504 of the Rehabilitation Act, Americans With Disabilities Act, and the Individuals With Disabilities Education Act, public and private schools have had to adapt the ways in which they provide education and services to their students and communities. It is essential for school public relations professionals to be…