In November of 2019, the National Association of the Deaf and Harvard University entered into a landmark settlement ending four years of legal battles regarding captioning in online content. In that settlement, Harvard agreed to caption new video files consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 AA and to provide text-only…

Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

Career and technical education (CTE) provides students of all ability levels the opportunity to develop skills for a post-secondary career. When students with disabilities are included in CTE, educators are legally required to provide an appropriate program that meets each student's unique needs. There are, however, few discussions in the…

School leaders and special educators are expected to be experts on all levels and types of special education law and services, types of disability, and aspects of academic and functional programming. With the increasing demands of the job and the ever-changing legal and educational climate, many administrators and teachers are overwhelmed, and few…

This article explores the legal implications for U.S. higher education administrators who make admissions decisions regarding students with disabilities. A review of federal legislation, case law, and government agency rulings pertaining to higher education admissions and students with disabilities informs administrators of current law.…

Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

For decades, postsecondary institutions have focused more on the line between compliance and noncompliance, balancing the rights and responsibilities of institutions with those of students with disabilities. The danger for postsecondary institutions in focusing on a "line in the sand" approach was to further perceptions that students…

There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

Legal issues have increasingly come to the forefront in academic libraries in recent years. Most of these issues involve The Rehabilitation Act, Section 504 (1973) or Americans with Disabilities Act (1990), complaints related to discriminatory practices with regard to accommodations or assistive technologies. This article provides a brief synopsis…

Administrators in public schools are undoubtedly familiar with their duties under federal law to serve students with disabilities in the educational program. Far fewer, however, are aware of their legal obligations to these same students in after-school athletics and extracurricular activities. Are students with disabilities entitled to…