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…

The history of the people, problems, and politics surrounding the establishment of federal special education policy is rich with useful illustrations for advocates and educators. As the 50th anniversary of IDEA approaches, we use a historical perspective to consider how the promise of the law -- to ensure access to a free appropriate public…

This installment of "Equity by Design" brief will review civil rights law, federal disability laws, and related best practices to help schools conceptualize nondiscriminatory, effective services to their growing English Learner (also known as English Language Learners or ELLs) populations, particularly for students with disabilities, and…

There is a perception that charter schools in the United States enroll students with disabilities at a lower rate than traditional public schools despite federal laws that require charter schools to provide the same services as traditional public schools. This systematic review answers the question: What research exists that explores the…

Purpose: The United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this paper is to examine the history of the US system, contrast this history against international disability law and identify opportunities for leaders to transform…

Charter schools are one of the fastest-growing forms of school choice. However, concerns have been raised about the quality of special education provided to students with disabilities. Results of a systematic review of court filings involving charter schools and special education and/or students with disabilities reveal recurring themes pertaining…

The debate over the federal government's role in education has taken center stage in recent months, with many arguing that it is time to "hand education back to the states." While state control may sound appealing to some, this perspective overlooks the crucial role the federal government has played in establishing and protecting a…

Due Process Hearings are one of three formal dispute resolution procedures provided to parents of children with disabilities by the Individuals with Disabilities Education Act of 2004 (IDEA). Whereas students receiving special education typically comprise approximately 14% of student enrollment, litigation tied to special education disputes…

"Transition" is a broad term, referring to the period of time during which a student with disabilities prepares to complete high school and to the process of preparation, including long-range planning, activities, and services aimed at helping the student move successfully from school into the adult world. The legal requirement that…

School psychologists sometimes are called upon as a witness in a special education due process hearing. Without over-legalizing the role and responsibilities of the school psychologist, providing concise and organized attention to this topic not only reduces the discomforting symptoms of the fear/flight reaction but also contributes to more…

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…

When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…

School psychologists often play a significant role in implementation of the requirements under the Individuals with Disabilities Education Act (IDEA) specific to independent educational evaluations (IEEs). The school psychology and special education literature addresses professional norms for IEEs (e.g., Schrank et al., 2006), but its coverage of…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

The Individuals with Disabilities Education Act (IDEA) requires that States and entities receiving Part B funds offer processes to resolve disagreements arising under the IDEA. These processes include: (1) written state complaints; (2) mediation; and (3) due process complaints (which include resolution meetings). Statistics from these processes…