Qualified teachers with disabilities are protected by the Americans with Disabilities Act (ADA). To maintain legal compliance, principals must have an understanding of employment law, but often lack the training to prevent legal liability. This study reviewed litigation on discrimination claims under the ADA and Section 504 of the Rehabilitation…

As of the 2013-2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools,…

Title II of the Americans With Disabilities Act of 1990 requires that state and local agencies refrain from the discrimination of individuals with disabilities by providing them with services in the most integrated setting appropriate. Despite this mandate, state and local education agencies across the country engage in practices that could be…

Federal legislation, such as the Americans with Disabilities Act, Section 504, and the Individuals With Disabilities Education Act, mandates that individuals with disabilities be integrated in all aspects of life from education to employment to independent living. A recent development involves a settlement reached between the United States and the…

Special education research and practice has had an inextricable link to case law. Indeed, Smith, Katsiyannis, and Ryan (2014) suggest that case law can be a useful tool in providing legal information, identifying emerging areas of need, and in informing practice. As such, the Office of Civil Rights (OCR) rulings, hearings, and Dear Colleague…

Bullying is a common occurrence in U.S.'s schools and is currently at the forefront of national attention. Unfortunately, students with disabilities are frequently the targets of peer-on-peer bullying. The purpose of this article is to examine the legal ramifications when students with disabilities are bullied in school settings. We address court…

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources…

Responses to a survey of state special education directors (n=51) revealed that fewer than half of the states have developed policies and/or guidelines on Section 504 of the Rehabilitation Act of 1973, which ensures specific educational rights for children with disabilities. Highlights of available policies are presented, focusing on compliance…

A review is presented of Office of Civil Rights rulings on the eligibility, assessment, and accommodations for children with attention deficit hyperactivity disorder under Section 504 of the Rehabilitation Act of 1973. Emphasis is on requirements of the law for educational settings and differences and similarities with requirements of the…