Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

This article uses the question "Can government and businesses mandate the COVID-19 vaccine?" as a starting point for an interdisciplinary lesson appropriate for a variety of business law classes. This lesson includes several important overlapping learning goals: (1) It expands students' ability to analyze how the complexity associated…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

Part I of the paper discusses the Americans with Disabilities Act or ADA, its requirements, and various protections for persons who suffer from a recognized disability which impacts their ability to work under certain circumstances and conditions. The context of this study is American higher education. Part II will discuss the obligation of an…

There has been a long-standing history of segregation and exclusion of students with disabilities from receiving a quality education in public school districts throughout the country. In response to the growing outcry for equal opportunities for students with and without special needs, Congress passed the Education for All Handicapped Children Act…

This article discusses equity-based inclusive education and federal policy drivers that can be used to make positive sustainable change in state, district, and local practice to improve the academic, social, and behavioral outcomes for all students including students with extensive support needs and those with labels of intellectual and…

Academic advisors occupy an ethically fraught position in institutions of higher education and frequently have to traverse complex curricular issues. Legal theorist Lon L. Fuller's work provides advisors with new resources to ply some of these troubled curricular issues. By focusing on understanding colleges and universities as law-generating…

This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that examines the history and current process of federal monitoring and enforcement of IDEA, the role of the U.S. Department of Education's Office for Civil Rights (OCR), the U.S. Department of Justice (DOJ), and IDEA's options for resolving…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

Physical education teachers are often focused on the many benefits of physical education to students, but there must also be a consideration of risk. How can the risks in physical education be minimized to maximize the benefits? One way to accomplish this goal is to increase physical educators' understanding of the legal risks related to…

In Texas, state policy anticipates that installing video cameras in special education classrooms will decrease student abuse inflicted by teachers. Lawmakers assume that collecting video footage will prevent teachers from engaging in malicious actions and prosecute those who choose to harm children. At the request of a parent, Section 29.022 of…

The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…

The goal of Special Education is to help individuals with disabilities transition to meaningful adult roles. When students with disabilities pursue education majors, Special Education Faculty must balance their desire to support college students with disabilities, while maintaining the rigor of their academic programs. To gain a better…

Starting with a constructive critique of legal articles in special education journals concerning transition services under the Individuals With Disabilities Education Act (IDEA), this article presents an empirical analysis of relevant judicial rulings for the period 1990-2016 that shows a prevailing prodistrict approach that is not otherwise…

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…