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Direct linkTiffany Frey – ProQuest LLC, 2021
Special education services provided in public schools today are rooted in the Federal Law passed in 1975 known as the Education for all Handicapped Children Act (EAHCA). Since 1975 this law has undergone revisions, now known as the Individuals with Disabilities Education Act (IDEA) but law provided the foundation to guarantee all public-school…
Descriptors: Educational Legislation, Disabilities, Educational Quality, Equal Education
Peer reviewedCouvillon, Michael A.; Yell, Mitchell L.; Katsiyannis, Antonis – Preventing School Failure, 2018
Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…
Descriptors: Special Education, Court Litigation, Educational Legislation, Federal Legislation
Yell, Mitchell L. – Behavioral Disorders, 2019
In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…
Descriptors: School Districts, Individualized Education Programs, Emotional Disturbances, Behavior Disorders
Hammel, Alice M. – General Music Today, 2018
Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.
Descriptors: Court Litigation, Legal Responsibility, Student Rights, Access to Education
Zirkel, Perry A. – Communique, 2019
A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…
Descriptors: Misconceptions, Disabilities, Educational Legislation, Equal Education
Bolick, Clint – Education Next, 2017
This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…
Descriptors: Federal Courts, Judges, Personnel Selection, Decision Making
Zirkel, Perry A. – Exceptional Children, 2012
This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…
Descriptors: Disabilities, Court Litigation, Federal Legislation, Educational Legislation
Yell, Mitchell L.; Ryan, Joseph B.; Rozalski, Michael E.; Katsiyannis, Antonis – TEACHING Exceptional Children, 2009
The Individuals With Disabilities Education Act (IDEA) has spawned much litigation in which parents of children with disabilities and school districts disagree over the content of a student's special education. The majority of this litigation has occurred in the federal district courts. The federal court system consists of more than 100 U.S.…
Descriptors: Special Education, Court Litigation, Federal Courts, Federal Legislation
Yell, Mitchell L.; Katsiyannis, Antonis; Ryan, Joseph B.; McDuffie, Kimberly – Intervention in School and Clinic, 2008
The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…
Descriptors: Parent Rights, Civil Rights, Hearings, School Districts
Mawdsley, Ralph D.; Cumming, J. Joy – Education and the Law, 2008
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…
Descriptors: Negligence, Schools, State Courts, Foreign Countries
Maydosz, Ann S. – ProQuest LLC, 2009
Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress…
Descriptors: Disabilities, Student Rights, Secondary Schools, Civil Rights
Trotter, Andrew – Education Week, 2006
The U.S. Supreme Court appeared sharply divided over the question of whether the main federal special education law allows parents to be reimbursed for the costs of experts when they prevail in legal proceedings. The case argued on April 19, 2006, asks whether a court may require a school district to pay the fees of an expert who assists parents…
Descriptors: Special Education, Federal Legislation, Court Litigation, Federal Courts
Weintraub, Frederick J.; Myers, Robert M.; Hehir, Thomas; Jaque-Anton, Donnalyn – Journal of Special Education Leadership, 2008
Since 1996, the Los Angeles Unified School District (LAUSD), located in Southern California, has been under a federal court consent decree requiring compliance with laws pertaining to the delivery of special education services and the elimination of architectural barriers in schools. In 2003, the consent decree was modified, creating…
Descriptors: Individualized Education Programs, Federal Courts, Disabilities, Information Systems
Wenkart, Ronald D. – West's Education Law Quarterly, 1996
The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…
Descriptors: Disabilities, Elementary Secondary Education, Expulsion, Federal Courts
Zirkel, Perry A. – Principal, 2003
Analyzes a Nevada case involving parents' challenge to district's policy that denied speech therapy services to their home-schooled, speech-impaired student. Ninth Circuit Court upheld the legality of the district's policy, holding that it did not violate the Individuals with Disabilities Education Act (IDEA) since home schooling is not considered…
Descriptors: Court Litigation, Elementary Education, Federal Courts, Home Schooling
