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…

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…

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…

The paper analyzes issues in bilingual special education and identifies knowledge gaps in the provision of appropriate education to exceptional minority students. The legal bases of bilingual education and special education are reviewed and the intersection of legal issues in bilingual special education is noted. Definitions of the population are…

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.…

The paper explores recent legal and programmatic changes in the education of the handicapped in Massachusetts. A first section highlights some aspects of the law, including court interpretations of the meaning of "appropriate education" and examples of state legal standards that are different than federal standards. Also addressed are…

The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin…

The text presents six chapters on the legal and governmental bases of special education. In the Introduction, F. Weintraub and J. Ballard cite the legislative and litigative history of P.L. 94-142, the Education for All Handicapped Children Act, and briefly address information sources on such policy issues as procedural safeguards, underserved…

This is a compilation of presentations delivered at the National School Boards Association Council of School Attorneys' Annual School Law Seminar: (1) "Environmental Hazards for Urban Schools Facing the New Challenge" (Kelly Frels, Kevin A. Ewing, Timothy A. Wilkins, Jason B. Hutt); (2) "How Accommodating? High-Stakes Testing and Federal Laws That…

In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.

Handicapped students are now protected by specific statutes in addition to the broad constitutional protection offered all students. As the number of related statutes, regulations, and case law decisions grew, assimilation became increasingly difficult. This publication attempts to meet educators' need for a succinct guide in special education…