Despite the long-term negative outcomes associated with restraining and secluding students, these practices are frequently used in schools, with disproportionate use on students with disabilities. Based on recent guidance from the U.S. Justice Department's Civil Rights Division, misusing these practices violates student rights under the Americans…

In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…

All school districts have children attending who have special dietary needs due to a disability or a food allergy or intolerance. In order for these children to attend school, their dietary needs must be addressed since they are unable to eat meals prepared for the general student population. There is federal legislation which provides guidance…

Ten high school special education teachers were interviewed on their perceptions of the process in place for transitioning students with mild to moderate autism spectrum disorder (ASD). In many cases, it was determined that although through individual education plans (IEP), students with mild to moderate ASD were provided accommodations and…

All school districts have children attending who have special dietary needs due to a disability or a food allergy or intolerance. In order for these children to attend school, their dietary needs must be addressed since they are unable to eat meals prepared for the general student population. There is federal legislation which provides guidance…

The demand of providing adequate services for students with disabilities has evolved over the years requiring districts to provide free and appropriate public education in the least restrictive environment. As districts are held increasingly accountable for meeting these demands, the roles and responsibilities of the school principal has become…

The purpose of this paper is to trace the historical trajectory of special education and how societal perspectives influenced the special education movement. It aims to answer if special education and inclusion have achieved their goals for all individuals, especially those with disabilities. A review of historical trends, special education laws,…

Transition for students with disabilities has been the focus of educational policies for several decades. Still, students with disabilities, including those with a specific learning disability (SLD), continue to experience difficulties transitioning to post-school environments, particularly post-secondary education (PSE). The Individuals with…

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 purpose of this brief is to help families and educators understand the right of students with disabilities who need accessible educational materials to receive these materials in a timely manner. This right is based on provisions in the Individuals with Disabilities Education Act (IDEA), as well as in the disability civil rights statutes…

Questions often arise about how accessible educational materials (AEM) might be included in Individualized Education Programs (IEPs). The two purposes of this article are to (1) help families and educators understand the importance of including AEM in the IEPs of students who require them, and (2) to discuss locations in the IEP where it may be…

A respected principal finds himself caught in the middle of a complex legal conundrum when a student requests to bring a service animal to his public school where another student may be dangerously allergic to the animal. This case explores how accommodations per the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of…

Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…

In this case, a child with a spinal cord injury was denied access to an afterschool care program that her nondisabled siblings were allowed to attend because she did not meet "eligibility requirements." Specifically, the independent contractor who ran the program mandated that students be able to function in an environment with a student…