Community-based mental health care providers (CBMHCPs) are increasingly contacted by external researchers for research study recruitment. Unfortunately, many do not possess the resources or personnel with the skills required to successfully evaluate research proposals for risks. Providing access to clients and client health information can result…

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…

As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge--that is, obtain relief from--debts he is unable to repay. However, Congress, based upon its determination that…

This eighth edition provides a current and comprehensive discussion of counselors' legal and ethical responsibilities, an examination of state and federal laws as they relate to practice, and helpful risk management strategies. Attorney Nancy Wheeler and Burt Bertram, a private practitioner and counselor educator, offer real-world practical tips…

Currently, higher education is being roiled by class-action lawsuits filed against high-profile institutions, including MIT, Yale and New York University, over management of their retirement plans. As the lawyers are deployed and the billable hours accrue, it is timely to examine how those who have responsibility for retirement plan…

The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

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…

Soon after the election of Donald J. Trump as President-elect of the United States, many faculty, students, and staff throughout the country campaigned to have their campuses designated as "sanctuaries." Although the concept of a sanctuary dates to the ancient Greek and Roman empires, it has special historical significance for the United…

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…