Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

The purpose of this memorandum is to clarify how funds provided under the Adult Education and Family Literacy Act (AEFLA), Title II of the Workforce Innovation and Opportunity Act (WIOA), may be used to pay for the costs of child and dependent care and transportation when adult learners need this assistance to participate in adult education and…

Schools generate and maintain numerous student records, including grades, standardized test scores, disciplinary accounts, contact information, mental health records, and more. The Family Educational Rights and Privacy Act (FERPA), which applies to educational agencies and institutions that receive certain types of financial assistance from the…

Joaquin, a 15-year-old Latino high school student, was arrested and removed from the Upward Bound (UB) program following a student-on-student sexual assault allegation. UB adopted a student-centered discipline approach that promoted socioemotional learning opportunities. However, the staff was regulated by complex state and federal policies and…

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…

The administration of college admissions examinations by SEAs [state education agencies] and LEAs [local education agencies] raises potential legal issues under FERPA [Family Educational Rights and Privacy Act of 1974], IDEA [Individuals with Disabilities Education Act], PPRA [Protection of Pupil Rights Amendment], and state privacy laws, and…

Given that work-based learning (WBL) can -- and should be -- a key driver of student career readiness in these efforts, it is essential that all states have a robust work-based learning continuum of experiences and exposure that spans K-16. WBL is an essential element of career and technical education (CTE), and ExcelinEd's CTE Playbook series…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

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…

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

Gary Armstrong, assistant principal, is faced with a delicate situation. The elementary school recently enrolled a transgender student, and the principal, Amy Lamar, is resistant to considering the student's unique needs. This case was developed for use in a leadership course. Instructors can use the case to encourage dialogue around legal…

Since 1966 when we began our careers in special education, we and others in our cohort have seen substantial changes in our discipline. In our personal experience, we had the opportunity to work together in situations that led us to focus on practices and procedures that produced better outcomes for our students, and better outcomes for students…

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…

Persons classified as residents for higher education purposes under Texas law may pay in-state tuition. Although Texas does not have any programs specifically for undocumented students, some undocumented persons are among those who are eligible for in-state tuition under current residency statutes. The residency statutes for higher education…

Over the next few years, states will be transitioning to new, high-quality assessments aligned to the Common Core State Standards (CCSS) or other state college- and career-ready (CCR) standards. States are committed to making this transition in a manner that is determined and thoughtful--to help transform teaching and learning, advance CCR…