This study explores how institutional practices within a school district limit general education teachers' ability to comply with special education policies. While numerous special education issues exist within the school district studied here, my research examined institutional practices that negatively impacted inclusion of exceptional students…

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

Comprehensively surveys the reported court decisions arising from liability litigation on behalf of K-12 students with disabilities. Reports that no court decision has appeared of monetary damage judgment against a public school district or official for improper diagnosis/placement or improper education of a nondisabled, much less disabled,…

Educational personnel not prepared for children with disabilities and the provisions of the Education for All Handicapped Children Act have given rise to opportunities for misconduct. Examines the recent case law and legislative activity and its effect on special education malpractice, and suggests the possible direction this issue will take. (MLF)

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 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 framework for dealing with the educational rights of handicapped students has been established in the Education for All Handicapped Children Act, generally known as Public Law 94-142, and the Rehabilitation Act of 1973, generally referred to as Section 504. The ramifications for implementing these laws are complex and generally result in…

School principals perform a crucial role in discharging a school system's legal obligations toward the handicapped. Since principals are unable to supply money damages, they are rarely primary targets of lawsuits involving handicapped children, but their role in representing Individualized Education Programs (IEPs) to parents is critical. Thus,…

While the Education for All Handicapped Children Act of 1975 (Public Law 94-142) and Section 504 of the Rehabilitation Act of 1973 first established the basic framework for determining the rights of handicapped students, both the courts and Congress are continually interpreting and changing the standards. The eight papers included in this…