This article presents a tool for systematic consideration of the accuracy of the legal contents of publications in special education. The tool is a two-dimensional grid with one axis having three overall levels relative to legal requirements and the other axis having the three perspectives symbolized by the courtroom roles of pro-parent,…

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…

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…

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…

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…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

Describes four legally sensitive scenarios involving student access to the Internet and recommends appropriate strategies to assist principals in reducing exposure to legal action. (PKP)

Describes a suit against the East Lansing (Michigan) Schools, brought by conservative religious parents dissatisfied with counseling, music, and conflict-resolution activities provided for their third-grade son. The plaintiffs' action failed. The Hatch Act has limitations. However, there is strong public sentiment against entrusting schools with…

The legal situation of a college being sued by a group of students following elimination of a graduate program is outlined and analyzed in terms of other related court litigation, the possible directions of the case, and the college's possible legal defenses. (MSE)

A Florida student suicide case alleging administrative and school board negligence had mixed results. School officials must be vigilant about the possibility of student suicide and put appropriate procedures into place. The connections to school may include confidential communications, curricular linkages (educational films and student journals),…

Using a specific case, this article reviews some common areas of contract and tort law applicable to principals and employment practices in public and private schools. The question/answer format treats contract validity, negligent misrepresentation, and constitutionality issues involved in a case based on unfulfilled hiring promises. Includes four…

As shown by a West Virginia case involving allegations of student touching, principals are challenged to provide a safe environment for both students and staff members. Although court decisions generally favor school districts, they reveal the importance of a documented warning, a prudent investigation, and a sound board decision. (MLH)

This monograph provides a comprehensive, concise, and current overview of the law-- specifically, legislation, regulations, and published court/administrative decisions--relating to gifted education for K-12 students. For students whose legal rights are based solely on their gifted status, the law largely boils down to (a) varying state statutes…

In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.