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…

School leaders and special educators are expected to be experts on all levels and types of special education law and services, types of disability, and aspects of academic and functional programming. With the increasing demands of the job and the ever-changing legal and educational climate, many administrators and teachers are overwhelmed, and few…

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…

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…

The article discusses problems that may arise in relation to identification, evaluation, Individualized Education Programs, related services, and due process protection for inmates eligible for special education. Problems include failure to identify and evaluate adequately and issues related to discipline, suspension, and exclusion. (Author/CL)

School districts are on safer legal ground if they recommend appropriate educational services for each special-needs child, convene parents and school personnel for Individual Education Plan meetings, make placement decisions based on individualized, thorough evaluations; document alternative options; develop behavior-management programs, and use…

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…

The 19 chapters of this text on assessment in special education are divided into two parts. Part 1 discusses basic concepts in assessment in special education. Part 2 addresses the special education process by describing steps in the assessment continuum. Individual chapters examine the following topics: (1) an introduction to assessment; (2)…