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…

Physical educators, including adapted physical educators, are often called upon to advocate for their students with disabilities, their physical education programs, or themselves to affect change in practice or a student's Individualized Education Program. These advocacy efforts are most effective when physical educators are knowledgeable about…

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 rapid growth of special needs vouchers has been accompanied by the loss of historic civil rights and protections under the Individuals with Disabilities in Education Act (IDEA) and the Americans with Disabilities Act (ADA). We examine three of the largest special needs voucher programs in the United States: those in Florida, Georgia and Ohio.…

As schools strive to function as communities, the inclusion of all stakeholders is paramount to establishing and maintaining an important sense of interdependency, equity, and access. In the effort to disseminate information as quickly as possible, however, U.S. high schools often neglect to ensure that their websites are accessible to those with…

Service animals can play an integral role in the lives and education of students with disabilities. In addition to assisting with physical tasks, service animals can improve confidence, independence and quality of life for students, as well as help them to meet their educational goals. Teachers, coaches and administrators should have the knowledge…

The Council for Exceptional Children (CEC) advocates for the full participation of all children and youth with disabilities and/or identified as gifted and talented in educational programming that promotes positive academic, social emotional, and adaptive/independent living outcomes and sets the stage for lifelong success. This position statement…

The Council for Exceptional Children (CEC) vigorously supports educational reforms within the public schools while promoting rigorous learning standards, strong educational outcomes, shared-decision making, diverse educational offerings, and the removal of unnecessary administrative requirements. At the same time, it is imperative that educators…

This report contains the proceedings of a forum held on June 28, 2023 in New Orleans, Louisiana, to discuss issues surrounding meaningful accessibility of assessments. The forum was a post-session to the Council of Chief State School Officers (CCSSO) National Conference on Student Assessment (NCSA) and was a collaboration of the "Assessment,…

The process of providing students with disabilities access to an education that is of appropriate quality is still a relatively new endeavor. Students with disabilities benefit from the support of family, educators, and many other professionals addressing the inequality that is faced in school. Ultimately, progress has been achieved from…

The purpose of this paper is to discuss the limitations of law interpretations and policy regulations as they pertain to inclusion and exclusion of people with physical disabilities in physical education. We believe interpretation of the law has professional implications that must be addressed. Specifically, the ideal and the reality of the laws…

In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…

Language pertaining to the disability community has changed significantly over the years. Previous identity-first language has recently been replaced with person-first language. Person-first language places the emphasis on the person, then the disability. This is in contrast to identify-first language, which places the disability before the…

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…

Several federal laws require schools to provide services and accommodations to students with disabilities and to protect them from discrimination. The application of these laws may change depending on students' circumstances. At the P-12 level, three main federal laws protect the rights of students with disabilities: the Individuals with…