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…

Background: Workplace inclusion contributes to job satisfaction and innovation. Integrating people with disabilities (PWDs) improves productivity, morale, creativity, problem-solving, and commitment. Previous evidence revealed that employers are ambivalent about integrating PWDs. There remains a paucity of literature that examines demand-side…

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…

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…

In the U.S. education system, students of color experience multiple forms of marginalization at the intersection of markers of difference. These injustices manifest in multiple forms, such as higher rates of inappropriate referrals to special education, misidentification, conferring stigmatizing labels, and subsequently placing students of color…

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…

The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2006 and, in particular, Article 24 was a landmark in the struggle of people with disability for recognition of their fundamental human rights, including their right to education. As a legally binding treaty under international law, imposing…

Students with disabilities need quality education to develop their skills and reach their full potential. However, according to the U.S. Department of Education (ED) in its 2021 report, more than half of the 50 states and the District of Columbia did not meet the requirements or purposes of the Individuals with Disabilities Education Act (IDEA)…

Inclusive education is a global priority and binding obligation for Australia to meet as a signatory to international human rights treaties. It is also supported by evidence as an effective model of schooling for all students and supporting those with disability. Yet segregation remains deeply embedded within the education systems of all states…

The formula used to allocate federal funding for state and local special education programs is one of the Individual with Disabilities Act's most critical components. The formula not only serves as the primary mechanism for dividing available federal dollars among states, it also represents policymakers' intent to equalize educational…

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 this paper we discuss the connection between the lack of special education specific preparation for leaders and decades of evidence of racial inequities in special education. In doing so, we have a four-fold purpose. First, we outline the basic Individuals with Disabilities Education Act (IDEA) legal requirements that educational leadership…

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…

To guarantee equal opportunities and treatment in employment for individuals with disabilities, Congress enacted Title I of the Americans with Disabilities Act (ADA) in 1992. This law states, "No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring,…