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…

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…

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…

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…

This resource collection features a selection of Office for Civil Rights (OCR) guidance and resources that may be useful to elementary and secondary schools throughout the school year. For each resource, there is a brief description and a link to full information online. Each topic area includes a combination of specific and general resources.

Often the biggest transition for students with disabilities and their families is from the supports and services provided in the preschool-12th grade (P-12) public education system to a college or university. At the P-12 level, three main federal laws impact students with disabilities: the Individuals with Disabilities Education Act (IDEA),…

Despite advances in improving CCR for students with disabilities, a great deal of work is needed to help more students achieve their full potential. The Every Student Succeeds Act of 2015 (ESSA) provides states with flexibility over the design of their educational systems and offers additional provisions to support CCR for all students, including…

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…

While there is broad consensus that bullying is wrong and cannot be tolerated in schools, the reality is that bullying persists in schools today, and especially for students with disabilities. In recent years, the Office for Civil Rights (OCR) in the U.S. Department of Education (Department) has received an ever-increasing number of complaints…

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…

In 2007, services under the Individuals with Disabilities Education Improvement Act were provided to almost 6 million students with disabilities (Data Accountability Center, 2011). By virtue of their eligibility, these students were entitled to a "free and appropriate public education" (FAPE). To ensure that students receive FAPE,…

Online education has become an accepted part of the educational landscape over the past two decades. Digital resources are the norm in classrooms. The expectation is that all students will benefit from technology some way. In order for that to be the case, however, sometimes more overt action is needed to ensure that all students do in fact get…