The COVID-19 pandemic affected the ways in which school districts provide educational services to all students, especially students with disabilities. Eligible U.S. students with disabilities have a right to a free, appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), and students with disabilities who…

For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…

As of the 2013-2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools,…

In 2020 the Australian Government reviewed the "Disability Standards for Education 2005" (the Standards). The Standards help to make sure students with disability can access and participate in education and training on the same basis as students without disability. This includes preschool, school, vocational education and training, and…

Engaging in physical activity is important for school-age children, as it promotes a healthy and active lifestyle. However, barriers to participation in physical education and athletics often prevent students with disabilities from engaging in these important activities. There are several legal precedents that should be considered as schools seek…

The purpose of this brief is to help families and educators understand the right of students with disabilities who need accessible educational materials to receive these materials in a timely manner. This right is based on provisions in the Individuals with Disabilities Education Act (IDEA), as well as in the disability civil rights statutes…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

In this supplemental fact sheet, the Department of Education (the Department) reminds educators in the time of the COVID-19 pandemic that they should not opt to close or decline to provide distance instruction, at the expense of students, to address matters pertaining to services for students with disabilities. Rather, school systems must make…

The transition from school to adulthood is a pivotal time in the lives of all students. For a student with Autism Spectrum Disorder (ASD), change of any kind can be challenging, and a transition as momentous as this can seem especially daunting. Thoughtful planning, sound information, and open communication will help parents support young adults…

The odds that a school district might be asked to allow a service dog or miniature horse into one of its facilities have increased tremendously in light of new legislative changes. With those changes comes a host of fresh challenges for school administrators and policy makers--not the least of which are complex disability discrimination laws and…

In the UK, the Disability Discrimination Act 2005 created a positive duty on the public sector to promote disability equality. This duty extends to higher education and local planning authorities. Based on Zuber-Skerrit's CRASP model for professional development, this paper examines an initiative to enact the duty. It details a completed action…

Drawing on the insights of critical disability studies, this article addresses anxieties frequently articulated by academic staff around the implementation of the United Kingdom's Disability Discrimination Act: how to accommodate the needs of students with "hidden" impairments. Following the social model of disability, it argues that…

Recently, the government has issued legislation on disability discrimination (the UK "Disability Discrimination Act" 2005) that is silent on the issue of access to technology for those adults and minors with special needs/disabilities either in the classroom or out of the classroom. At the same time, commercial legislation from Europe…

The Americans With Disabilities Act (the "ADA"), enacted by Congress in 1990, was greeted with great celebration by persons with disabilities, their families, and advocates. The idea was broadminded and straightforward: Congress intended that the ADA protect those with disabilities (including those who were simply perceived as having a…

The exclusion of disabled children from ordinary schools, which occurred routinely in England until the late twentieth century, is mirrored in the way disability and difference have been largely ignored in the history of education. The first half of this paper outlines some of the key developments that have taken place in the field of education…