By being public entities, charter schools must meet U.S. federal legislative mandates (e.g., Section 504) in providing a free, appropriate public education (FAPE) to students with disabilities--just as their traditional district public school counterparts must do. This legal update reviews a prominent case, "Lawton et al. v. Success Academy…

Given the disproportionate rates of youth with disabilities who experience exclusionary discipline in schools, it is important to consider the involvement of law enforcement officers in the discipline of these students and the students' right to an equitable education. One recent case of concern was Wilson v. City of Southlake, which clarified…

The rights of approximately seven million students with disabilities in the United States are secured via the Individuals with Disabilities Education Act (IDEA). Despite these protections, consequential inequities still need to be addressed. Racialized inequities in special education outcomes persist across classifications, placements, and…

The U.S. Supreme Court has heard several cases regarding special education. These cases have resulted in decisions that have addressed issues involving special education programming and procedural issues. On March 21, 2023, the U.S. Supreme Court issued a unanimous ruling in "Perez v. Sturgis Public Schools." This decision, which was the…

Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in…

Five days after the U.S. Supreme Court handed down its ruling in "Endrew F. v. Douglas County School District," the U.S. Court of Appeals for the Ninth Circuit issued a decision in "M.C. v. Antelope Valley Union High School District." This important decision involved a student who was being served under the Individuals with…

A transition-age youth with an Individualized Education Program (IEP) has the right to a free, appropriate public education that includes postsecondary transition planning and services. Because students with emotional-behavioral disorders (EBD) experience adverse outcomes during and after high school, they may benefit from a transition-focused…

Although more than 1.38 million students receive accommodations and supports accorded by Section 504 of the Rehabilitation Act of 1973, many teachers report not knowing about their responsibilities under Section 504. The purpose of this article is to educate teachers about Section 504. Specifically, teachers will learn about ways to evaluate and…

This article delineates the four successive dimensions of the Individuals with Disabilities Education Act's (IDEA) central obligation of "free appropriation public education" that the courts have developed thus far: (a) procedural, (b) substantive, (c) incomplete implementation of the last Individualized Education Program (IEP), and (d)…

Physical and mechanical restraints and seclusion are currently used as emergency procedures in public schools across the United States. Students who exhibit dangerous, aggressive, or self-injurious behaviors are more likely to be restrained or secluded in school. Since many students with autism spectrum disorder exhibit one or more of these…

In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…

The Individuals With Disabilities Education Act requires schools to conduct a manifestation determination (MD) meeting when suspending students with disabilities for more than 10 days. The MD procedure is intended to safeguard educational access by providing a process to determine if a student's disability is related to the suspending behavior. An…

In July 2014, the Workforce Innovation and Opportunity Act (WIOA) was signed into law, amending the Rehabilitation Act of 1998 and establishing new workforce initiatives for state vocational rehabilitation (VR) agencies. The passage of WIOA led to the expansion of VR services, including the requirement to provide "pre-employment transition…

In addition to supporting the academic goals of students with learning disabilities, secondary special education teachers are tasked with providing services designed to improve post-school outcomes. To improve these offerings, special education teachers should ensure collaboration with vocational rehabilitation (VR) counselors during the…

The COVID-19 pandemic affected the ways in which school districts provide educational services to all students, especially students with disabilities. Eligible U.S. students with disabilities have a right to a free, appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), and students with disabilities who…