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…

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…

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…

Bringing service animals into schools raises serious questions about how to meet one student's special needs while ensuring the educational well-being of all. This article discusses how schools grapple with the practical and legal questions involved in allowing service dogs on campus. The author cites a case in 2009 called "Kalbfleisch v. Columbia…

The Dear Colleague Letter (DCL) does the following: (1) Clarifies the relationship between bullying and discriminatory harassment under the civil rights laws enforced by the Department of Education's (ED) Office for Civil Rights (OCR); (2) Explains how student misconduct that falls under an anti-bullying policy also may trigger responsibilities…

In recent years, many state departments of education and local school districts have taken steps to reduce bullying in schools. The U.S. Department of Education (Department) fully supports these efforts. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create…

As recently as the 1960s and 1970s, comparatively few persons with disabilities were able to attend college, either due to limited financial resources or to the inaccessibility of the campus and college programs. Today, colleges have substantially increased their efforts to recruit, admit, and accommodate qualified students with disabilities and…

Reviews developments in 2000 in the law of disability discrimination as it relates to higher education, which falls into five categories: (1) definition of a qualified individual; (2) accommodations, access, undue burden, and fundamental alteration of programs; (3) intentional discrimination, harassment, and retaliation; (4) Eleventh Amendment…

Assessment equity concerns all educational authorities and practitioners. When educators consider issues of equity, their predominant concern is accommodation of students with special needs, cultural issues, and creating alternative assessment activities that have equivalence to standard activities, so as not to advantage or disadvantage any…

In British Columbia the state was found liable for discrimination by refusing to fund therapy treatment for autistic children under its medicare system. Although the judges expressly disavowed the education context from their consideration, there will likely be attempts to apply the ruling to special education situations since therapy can be…

Policies governing the employment of health care workers with AIDS, and the AIDS employment issue facing dental practitioners, administrators, and educators are discussed. Legal considerations of AIDS in the workplace are addressed as to HIV testing, employee rights to gain and/or retain employment, economic considerations, and confidentiality…

This article delineates legal protections prohibiting employment discrimination of individuals with learning disabilities. The Rehabilitation Act of 1973 (Title V) and Americans with Disabilities Act (Title I) are described, fundamental concepts are discussed, and strategies are presented for ensuring that these laws are relied upon appropriately…

Six articles review and analyze 1996 court litigation concerning higher education. Topics include: federal immunity law; tort-accident cases (traditional tort rules in the college or university setting); disciplinary and academic decisions pertaining to students; employment discrimination; and disability discrimination. (MSE)

As increasing numbers of students with disabilities enter the country's teacher education programs, violations of their civil rights are on the increase. The Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities at institutions which receive federal funds. Section 504 of the Act requires educational programs to…

Discusses the legal issues involved in setting content or performance standards. Recommends establishing clearly documented procedures that adhere to professional recommendations and are administrated fairly. Addresses such issues as parental rights, assessment security, nondisclosure agreements, and specific alternative assessment techniques for…