The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

For this seventh article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, consider the summary of the disability-related case below and the questions and answers after it. The disability focus here is specific to the school psychologist, not the…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…

Section 504 is civil rights legislation that is part of the Rehabilitation Act of 1973. Section 504 directly affects public schools, prohibiting discrimination against persons with disabilities. More specifically to students with disabilities, Section 504 provides various procedural protections and, for students, an entitlement to…

This article provides a systematic synthesis of the agency and court rulings that apply Section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act to interscholastic athletics. The resulting framework also offers insight into how these federal statutes may pertain to…

The widespread use of testing to make critical individual decisions concerning education or employment opportunities, coupled with growing vigilance by the handicapped community, may mean increased legal scrutiny regarding this type of testing. The measurement community is also aware of difficult, perhaps unresolvable psychometric problems…

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…