Using the LexisNexis database, the authors examined 99 court cases on students--who were 3-21 years of age and with various forms of autism spectrum disorder--between 2007 and 2008. The authors coded and analyzed procedural and substantive violations to the Individuals With Disabilities Education Act and the provision of a Free and Appropriate…

Teen dating violence is a common and often overlooked problem in schools. The consequences of teen dating violence often include decreased academic achievement and increased risk for school failure. The law may provide relief for targets of teen dating violence, including granting orders of protection (no-contact orders) against their…

The promise that all children will achieve higher levels of academic performance is the foundation of the current educational reform movement. Standards-based reform began with financial assistance to the states for the development of content and performance standards, improved teacher quality, and increased school accountability. The reform…

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…

When the Individuals with Disabilities Education Act (IDEA) was reauthorized in 2004, one of the significant amendments concerned Individual Education Program (IEP) team attendance. A member of an IEP team may be excused if "the member's area of the curriculum or related services is not being modified or discussed in the meeting." The…

This overview of Section 504 of the Rehabilitation Act of 1973 notes differences between this law and the Individuals with Disabilities Education Act. The procedural requirements that Section 504 imposes on teachers and principals are outlined, and issues concerning the possible coverage of children with attention deficit disorder are discussed.…

This discussion of the discipline of students with disabilities notes rules and limitations that are different from those for the discipline of students without disabilities. Legal considerations in disciplining all students as well as those protected under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of…

Analysis of transition provisions of the 1997 Individuals with Disabilities Education Act identifies issues related to (1) coordination and responsibility (including general responsibility, postsecondary education, students in residential schools, and adjudicated students) and (2) transition plans (appropriateness of plans, preview and…

This article first notes differences between least restrictive environment (LRE), inclusion, and mainstreaming. It then discusses the LRE mandate of the Individuals with Disabilities Education Act, reviews federal cases that have ruled on the application of the mandate, and concludes with an examination of principles from these cases and their…

This article presents a rationale for using curriculum-based measurement (CBM) in making special education eligibility decisions, offers a model of how CBM data can be used to make eligibility decisions, and discusses issues and controversies (such as linking CBM data to intervention and addressing exclusionary components) in using CBM for this…

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…

This discussion of the legal considerations and safeguards concerning the assessment of students at risk for school failure focuses on procedural safeguards and best practices for assessing at-risk students at the prereferral intervention stage and the formal assessment stage, and considers the assessment of educational results. (DB)

This analysis of parents' procedural due process rights under the Individuals with Disabilities Education Act examines the 1982 case of Hendrick Hudson Central School District Board of Education versus Rowley and reviews principles concerning parental rights, parental notification, procedural errors, the Individualized Education Program conference…

This article addresses issues of confidentiality and the management of student records as affected by the Family Educational Rights and Privacy act (FERPA). It identifies violations of FERPA and relates FERPA to the Individuals with Disabilities Education Act. (DB)

This article presents a complaint and a defense in a hypothetical case concerning confidentiality of the records of a student with emotional disturbance, in the context of two federal laws: the Family Educational Rights and Privacy Act and the Individuals with Disabilities Education Act. A judicial analysis of the arguments concludes that no…