Teaching physical education involves more than overseeing what happens on the field, court or in the swimming pool. Physical educators also need to control the locker room, where students hazing other students may be common practice at certain schools. This case is a good example of what happens when teachers and coaches fail to supervise athletes…

Due to the recent nature of the COVID-19 Pandemic there has been limited study of its influence on special education due process hearings. To explore this phenomenon, the present study compares hearing officer decisions involving Pennsylvania city Local Education Agencies (LEAs) for the two years before and after the global health crisis.…

Restraint and seclusion are frequently misused in schools, leading to harmful outcomes for students. There is currently no federal law regulating these practices, which has led to inconsistencies in state and district policies. This policy paper aims to provide a brief background on current definitions, case law, and policies and provide teachers…

The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…

The term "child find" refers to a district's ongoing obligation to evaluate upon reason to suspect a child may meet IDEA eligibility standards. This obligation consists of two components: a reasonable suspicion of eligibility and initiating the evaluation within a reasonable period of time. Because child find is a procedural matter, it…

In her 2024 State of the State address, New York Governor Kathy Hochul introduced the Top 10% Promise, a policy offering New York students ranked in the top 10% of their high school class direct admission to the State University of New York (SUNY) system. "Access to higher education," she said, "has the potential to transform the…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

As the follow-up to an earlier examination of the frequency and outcomes trends of published court decisions under the IDEA for P-12 students, this updated analysis covers the 25-year period ending on December 31, 2022. The frequency trend for the most recent 10 years reversed the upward trajectory of the previous 15 years. The outcomes trend for…

In 2024, the U.S. Supreme Court issued one of its most significant decisions that promises to reshape governance in education: "Loper." The case overruled "Chevron," a landmark case that required courts to defer to administrative agency interpretations of the law when (a) such laws were ambiguous and (b) the interpretations…

The U.S. Supreme Court has heard several cases regarding special education. These cases have resulted in decisions that have addressed issues involving special education programming and procedural issues. On March 21, 2023, the U.S. Supreme Court issued a unanimous ruling in "Perez v. Sturgis Public Schools." This decision, which was the…

In 2025, the Individuals with Disabilities Education Act (IDEA) will have been the primary law driving the field of special education for 50 years. A contentious area of disagreement has been the relationship between two primary mandates of the law: the obligation of schools to provide a free, appropriate public education (FAPE) to eligible…

In this qualitative study, 21 Title IX federal court cases between 2000-2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits.…

Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in…

A transition-aged youth with an individualized education program has the right to free, appropriate public education that includes postsecondary transition planning and services. The documented transition supports need to meet both procedural and substantive requirements. While many court cases have included transition components, few have been…

This article is written within a conceptual space that considers engineering as a heteronomous discipline. In this context, we analyse how the state has intervened in the development of the body of knowledge of engineering discipline in a developing country in a process known as decolonisation and the political dynamism this has created. We take…