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,…

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…

A growing number of high school students with disabilities are planning to continue their education in postsecondary schools, including vocational and career schools, 2- and 4-year colleges, and universities (U.S. Department of Education, Office for Civil Rights, 2011). The transition from secondary settings to postsecondary settings presents…

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…

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…

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

The third edition of the National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth's (NDTAC's) "Transition Toolkit" provides updated information on existing policies, practices, strategies, and resources for transition that build on field experience and research. The "Toolkit" offers…

Since 1966 when we began our careers in special education, we and others in our cohort have seen substantial changes in our discipline. In our personal experience, we had the opportunity to work together in situations that led us to focus on practices and procedures that produced better outcomes for our students, and better outcomes for students…

For legal issues in the field of disability compliance, this is an exciting time in postsecondary education. The twentieth anniversary of the Americans with Disabilities Act (ADA) signals a reawakening of the commitment to provide equal access to individuals with disabilities. This chapter explores three of the compliance issues that will be of…

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…

In recent years the rights and responsibilities of students who have disabilities have received considerable attention. Professors routinely accommodate students with a front-row seat in class or extended time on an examination. Faculty members who have disabilities have received far less attention. This report from a subcommittee of Committee A…

For decades, postsecondary institutions have focused more on the line between compliance and noncompliance, balancing the rights and responsibilities of institutions with those of students with disabilities. The danger for postsecondary institutions in focusing on a "line in the sand" approach was to further perceptions that students…

Designing school accommodations for students with potentially life-threatening peanut allergies is a daunting challenge for schools. Parents of children with peanut allergies put a lot of pressure on schools to make them peanut-free, even though medical and legal experts say that is not a sound, or even workable, solution. One solution is to…

Behavior management can be a key to student, teacher, and district success. When students with disabilities are served, effective behavior management is even more critical. Failure to implement proper discipline with students with disabilities can have financial consequences. For students, the emotional toll can be greater, albeit intangible.…