The school psychologist plays a central role in eligibility and other determinations under the Individuals with Disabilities Education Act (IDEA) not only at the school level but also, upon formal disputes, at the successive adjudicative levels of impartial hearing officers and courts. One of the sources of professional confusion that requires…

In 2007, services under the Individuals with Disabilities Education Improvement Act were provided to almost 6 million students with disabilities (Data Accountability Center, 2011). By virtue of their eligibility, these students were entitled to a "free and appropriate public education" (FAPE). To ensure that students receive FAPE,…

In late 2008, Congress passed the Americans with Disabilities Act Amendments Act (ADAAA) and the new law became effective on January 1, 2009. The amended law corrected what Congress considered to be a departure from the intent of the original ADA (passed in 1990) brought about by several narrow interpretations by the courts. Because the ADAAA…

This article reports a U.S. Supreme Court decision last week which supports the parents of a Massachusetts student who claimed that school officials failed to respond adequately to sexual harassment of their daughter--then in kindergarten--by a 3rd grade boy on her bus. The parents sued the district under both Title IX and Section 1983. In the…

New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate. The state's action, which follows a similar move by New York state in August, is considered a success by parents and advocacy…

Although school choice proponents have generally been on the offensive in legislative arenas over the past 2 decades, they have played almost constant defense in the judiciary, seeking to prevent courts from undoing school choice programs. Opponents typically wield state constitutional provisions against school choice programs. Properly construed,…

Although numerous studies have investigated autism methodology case law, few studies have investigated case law regarding reading methodology, particularly the Orton-Gillingham approach, for students with reading disabilities. We provide the results of a systematic case analysis of all published Orton-Gillingham decisions from the original passage…

This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…

In its landmark decision in "Goss v. Lopez" (1975), the U.S. Supreme Court ruled that for a suspension of 10 days or fewer, public school officials must provide the student with at least the following minimum of procedural protection on the basis of the Fourteenth Amendment's due process clause: oral (or written) notice of the charges…

In 2007, the Supreme Court heard a case that involved the question of whether a school district could be required to reimburse parents who unilaterally placed their child in private school when the child had not previously received special education and related services in a public institution ("Board of Education v. Tom F."). The…

The Americans With Disabilities Act (the "ADA"), enacted by Congress in 1990, was greeted with great celebration by persons with disabilities, their families, and advocates. The idea was broadminded and straightforward: Congress intended that the ADA protect those with disabilities (including those who were simply perceived as having a…

This report's 13 chapters address disability statistics and research, major trends, statistics, civil rights, Education, health, and long-term services and supports, children and youth, employment and the workforce development system, welfare reform, housing, transportation, assistive technology and telecommunications, international affairs, and…

The second edition of the "ES Review" brings together, in one setting, abridged versions of research reports, outside articles and op-eds, book reviews, and other Education Sector publications. The 2007 edition features: (1) K-12 Accountability (Laboratories of Reform: Virtual High Schools and Innovation in Public Education (Bill…