The "Disability Discrimination Act 1992" (Cth) (DDA) prohibits discrimination by schools against students with disability. The DDA and the associated Disability Standards for Education 2005 (Cth) (DSE) also impose a positive obligation on schools to make reasonable adjustment for students with disabilities. The promise of inclusion…

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

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,…

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 four Supreme Court decisions interpreting the Education for All Handicapped Children Act which have been handed down to date are reviewed: Board of Education v. Rowley (1982), Irving v. Tatro (1984), Smith v. Robinson (1984), and Burlington v. Department of Education (1985). Implications and pending legislation are discussed. (JW)

The conference report presents the text of an amendment to the Education of the Handicapped Act (EHA) to authorize the awarding of reasonable attorneys' fees as part of the costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a settlement. The General Accounting Office is directed to conduct a study of…

The number of students with disabilities entering higher education continues to increase, and there is a concomitant rise in the number of disability accommodation grievances filed in institutions, with the U.S. Office of Civil Rights, and through the legal court system. It is important that faculty members know about disability law. Faculty…

This collection of issue papers addresses the inclusion of students with disabilities who are labeled disruptive in general education classrooms. The publication begins by summarizing new provisions in the Individuals with Disabilities Education Act (IDEA) Amendments of 1997. The provisions make it clearer that students with disabilities must be…

When a child with a disability behaves in a manner which threatens the safety of other children and staff in the school, school authorities are faced with a dilemma. The balance between the competing interests of individuals and the school community is never more clearly seen than in such a situation. The child has a right to participate equally…

Presents a historical overview of state and federal legislation concerning special education, describes how court litigation has defined the constitutional rights of the disabled to access education, and outlines the provisions of the Individuals with Disabilities Education Act (IDEA). The procedural safeguards of the IDEA also are outlined,…

This manual reviews 1998's most significant developments in disability laws applying to colleges and universities. It addresses disability discrimination issues, problems, and cases, and provides guidance on creating effective compliance programs. Behaviors and emotions are identified that create and exacerbate compliance problems, and strategies…

This chapter reviews legislation and court litigation during 1986 that addressed the rights of handicapped students and employees. The most far-reaching legal activity occurred in the legislative arena, with the passage in 1986 of the Education of the Handicapped Act (EHA) mandating that services must be available for handicapped children between…

Designed to assist charter school developers and operators, this question-and-answer publication provides general information that covers a broad range of federal civil rights issues related to public charter schools. Sections of the document discuss: (1) the growth of public charter schools and federal agencies that oversee charter schools; (2)…