The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

Using the state of Georgia as a backdrop, this paper highlights the current state of the GFSA (Gun-Free Schools Act) in the United States of America, initially enacted in 1994, 30 years later. The progress of school-based ZTPs (Zero Tolerance Policies) in practice shows that progress remains slow a quarter of a century later. In response, this…

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

The authors evaluate the success of Arizona's program for English Learners (ELs) twelve years after the implementation of Proposition 203 to determine whether it meets the "third prong" test of Castañeda v. Pickard (1981), which requires a demonstration of the effectiveness of a program after its implementation. This study is a follow-up…

In 2008, in the case of the "District of Columbia vs. Heller," which involved a district law banning most handguns, the U. S. Supreme Court declared that the Second Amendment protects citizens' rights to self-defense and that the federal government cannot prohibit guns in homes. Two years later, the Court further made clear that the…

Approaches to disability documentation have long been grounds for contention among postsecondary disability service providers. While the new AHEAD Documentation Guidance seems to be creating the usual intensity and heat among its members, there does seem to be a data-based middle ground. The AHEAD Guidance recommends that disability service…

As a part of the Individualized Education Plan (IEP), special education teachers work along with their student with special needs and their parent(s)/guardian(s) to create and implement Individualized Transition Plans (ITP) to assist the student with their transition to the post-school environment. As mandated by Individuals with Disabilities…

We have witnessed, over the past century, an evolution in the manner in which students with disabilities are educated. Indeed, the quality of education students with special needs receive, in many ways, may be more aptly termed a revolution -- from a legal and pedagogical perspective. The tremendous strides special education has made during this…

This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

This policy analysis examines recent debates on teacher quality in light of the "Renee v. Duncan" (2010) decision, the Congressional response to the ruling through the Continuing Resolution bill, H.R. 3082 §163, and President Obama's "Blueprint for Reform." Using equity as a framework for the teacher quality debate, the authors…

The reauthorized Individuals with Disabilities Education Act (IDEA) requires Individualized Education Program (IEP) teams to base the selection of special education, related services, and supplementary aids and services on peer-reviewed research (PRR) to the extent practicable. This article examines the intended purpose of the PRR provision and…

The current study used an online survey to explore the anticipated impact of legalized marriage on partners in same-sex couples living in California. These data were gathered prior to the California Supreme Court decision in May 2008 legalizing same-sex marriage, which held sway for 5 months before California Proposition 8 eliminating same-sex…

Background: In the "Horne v Flores" Supreme Court decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English learners was that the state had adopted a "significantly more effective" than bilingual education instructional model for EL…

The landmark New Jersey Supreme Court school funding case, "Abbott v. Burke", established the availability of preschool for all three- and four-year-olds living within the state's thirty-one poorest districts as a means of eradicating the effects of poverty. Longitudinal studies have shown the value of high quality preschool programs for…

Background/Context: The lack of court-ordered support for race-based policies that maintain and create integrated schools has forced communities of color to seek other avenues to obtain equitable education, such as school choice. Individual states and the federal government, as seen in grant provisions through the American Reinvestment and…