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…

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

The use of aversives as a method for behavioral intervention in U.S. public schools has been a persistent concern and often subject to litigation, particularly among students with disabilities. The use of aversives (restraint, seclusion, and corporal punishment) have been supported in some cases due to their perceived necessity to keep children…

Public concern over the general health of children in the United States has risen during recent years due to dramatic decreases in physical activity levels and increases in obesity and other health-related issues. This article examines the participation of students with disabilities in extracurricular activities, particularly athletic activities,…

Horrific events such as the fatal shooting of three high school students in Chardon, Ohio, in the winter of 2012 places tremendous pressure on state and local agencies to ensure that schools provide a safe and conducive learning environment for all students. To help curb school violence, schools have adopted zero-tolerance policies, which often…

This article provides a tabular analysis of court rulings where public school principals challenged the adverse employment actions of involuntary transfer, suspension, demotion, nonrenewal, constructive termination, and termination during the period 1998-2012. The primary findings were that (a) the judicial outcomes were markedly in favor of the…

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…

Cyberbullying has been identified by school leaders and researchers as one of the most serious adverse consequences of incorporating information technology into the classroom. This article examines the legal status of cyberbullying by conducting an analysis of selected federal appellate court opinions. This analysis identifies a set of legal…

The participation and inclusion of students with disabilities in the general education setting has steadily increased over the past several years, facilitated in part by the amendments to the Individuals with Disabilities Education Act. Providing students with disabilities a free appropriate public education in this setting has proved to be…

The increasing number of special education-related lawsuits has become costly, time-consuming, and a strain on school-community relations--in short, an issue of growing concern to U. S. school systems. To identify factors associated with this type of litigation, this study analyzed data from one state's 10-year experience with due process special…

This article addresses important legal issues surrounding voluntary school integration plans and explores policy and practice implications of the "Seattle" and "Louisville" cases. School policy guidance for how school districts should create or change their voluntary integration policies is discussed. Further discussion reveals what some school…

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…

The purpose of this national survey is to determine secondary school principals' knowledge of the rights of students and teachers, how often principals are legally threatened and sued, how they adjust their behaviors in response, and how they obtain and disseminate legal information. Survey results show that a majority of principals are uninformed…

This article lays the foundation of American First Amendment jurisprudence in public schools and examines recent cases relating to student Internet speech. Particular emphasis is placed on the ability of schools to regulate student off-campus Internet speech. School authorities who wish to regulate nonthreatening off-campus speech in the…