The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

Representing a sequel to a similar case law snapshot in mid-2010, this article provides an updated overview of the judicial and administrative case law concerning students with traumatic and nontraumatic brain injury in the P-12 school context. The scope is limited to cases under the Individuals with Disabilities Education Act and the pair of…

The public education of students with disabilities in the United States is governed by federal policies that promote school improvement, protect students from discrimination, and provide those who need it with special education and related services to meet their individual needs. This article explains the legal aspects of teaching students with…

The debate over school vouchers continues as more states offer government dollars to fund private schooling for students as a method of improving choice and quality in K-12 education. Previous research in the charter school sector has found that special education enrollment discrepancies between charters and traditional public schools is likely…

In July 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued two documents to clarify and provide guidance on Federal obligations of school districts to students with attention deficit hyperactivity disorder (ADHD) under Section 504. This action was in response to numerous complaints (approximately 2,000 over 5 years)…

In 2007, the Early Hearing Detection and Intervention (EHDI) law was passed in Minnesota mandating newborn hearing screening. Recognizing that a number of state-level agencies and statewide advocacy and direct services organizations share responsibility for serving deaf, deafblind, and hard of hearing children and youth, the Minnesota Commission…

News reports illustrate controversies between parents and schools in response to student health problems. Today's school nurse is in a pivotal position for the avoidance and resolution of disputes not only by increasing awareness of student health conditions but also by having a working knowledge of legal developments under Section 504 and its…

Purpose: Every year increasing numbers of candidates request special accommodations for high-stakes medical licensing examinations, due to ADHD, on the basis of the Americans with Disabilities Act (ADA). This poses significant challenges for both the applicant and the medical boards and has significant financial, legal, and ethical implications.…

In this article, the authors share five practical teaching activities for introducing disability into the secondary English curriculum that also address NCTE/IRA objectives for the English language arts. They have used these lessons to help students better analyze the language/rhetoric of disability, understand how disability is represented in…

Recent literature notes a significant increase in students being diagnosed with Autism Spectrum Disorder (ASD). Yet, no uniform testing protocol exists. It is vital for students and educators that a unified testing process be created and established. This study investigated which ASD testing instruments were currently used in Southern California…

Disability documentation has been an ongoing challenge for Office for Students with Disabilities personnel. Initial lack of consistency and inadequate documentation data resulted in the promulgation of detailed documentation guidelines in the 1990s. Discontinuity between approaches to transition assessment and disability documentation in secondary…

A new book in the Knowledge Essential series, "School Success for Children with Special Needs" offers parents a guide for understanding and navigating the often-confusing special education system to ensure that their children get the best education possible. It tells them: (1) How to know if a child has physical, learning, or emotional…

This article presents a Wisconsin post-secondary guide to disability documentation. The guide will assist organizations to determine their role in understanding needed documentation for students with disabilities transitioning from PK-12 to Wisconsin postsecondary education. This Guide provides the following: (1) Summary of Applicable Laws; (2)…

This brief paper offers general guidelines for the documentation of a learning disability in students at the postsecondary level as required under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The guidelines are organized into four areas: (1) qualifications of the evaluator; (2) recent nature of the…