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…

Engaging in physical activity is important for school-age children, as it promotes a healthy and active lifestyle. However, barriers to participation in physical education and athletics often prevent students with disabilities from engaging in these important activities. There are several legal precedents that should be considered as schools seek…

The purpose of this article is to discuss major substantive errors that school personnel may make when developing students' Individualized Education Programs (IEPs). School IEP team members need to understand the importance of the procedural and substantive requirements of the IEP, have an awareness of the five serious substantive errors that IEP…

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…

Attention deficit hyperactivity disorder (ADHD) has become the most commonly diagnosed psychiatric disorder among school-age children. For more than half a century, physicians have prescribed medications to help manage behaviors such as hyperactivity, impulsivity, and inattention. Today, there is a growing consensus that ADHD is a biologically…

Special education litigation remains a volatile area with significant practice implications. A review of the 2010 case law in the "Special Educator" identified discipline (manifestation determination, seclusion and restraints, harassment), evaluation/RTI, and postsecondary transition as specific areas of concern. School administrators should keep…

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…

Examines the application of Section 504 of the Rehabilitation Act of 1973 to children with autism. It describes eligibility requirements, rights and protections afforded, trends in litigation for students with autism, and potential issues including medication, social skills training, high-functioning individuals with autism, placement, and…

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services is allowed. This article critiques this provision by reviewing relevant case law and legislation, examining the mandate's social context, and questioning the validity of…

Reauthorization of the Individuals with Disabilities Education Act (IDEA) specifies that a behavioral intervention plan (BIP) must be developed for students with disabilities under certain disciplinary exclusions. IDEA, however, does not provide details as to what should be included in BIPs, and this lack of specific guidance often results in…

In 1999 the Supreme Court reaffirmed the responsibility of school districts to provide all necessary health services to students with disabilities as long as those services do not have to be provided by a physician. Analysis focuses on related rulings, facts of the case, related services under the Individuals with Disabilities Education Act, and…

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…

This article extrapolates principles from litigation concerning students with autistic spectrum disorders (ASD) and the Individuals with Disabilities Education Act to establish guidelines for individualized education program teams developing appropriate special education programs for students with ASD. Principles address free, appropriate public…