School leadership has progressed from a principal-led position to a dual-leader position with assistant principals. Assistant principals have stepped into instructional leadership roles and have been identified as overseeing special education (Best, 2016; Gaston, 2005; Walton, 2008). Despite studies determining that assistant principals are…

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school…

Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

This article provides a current, comprehensive, and concise overview of the law specific to students with dyslexia in K-12 schools. It consists of (a) an overview of the applicable legal framework, which includes the federal foundation in the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, (b) a compact…

The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…

While functional behavioral assessments (FBAs) are currently federally mandated requirements, public schools have not been provided clear federal guidance concerning what constitutes an acceptable FBA through Individuals With Disabilities Education Act or related regulations. The purpose of this article is to examine recent rulings regarding FBAs…

When public charter schools first opened in the early 1990s, each was unique and independent. But as successful public charter schools continued to grow and expand their impact beyond a single site, and as organizations developed school designs that could be implemented at multiple locations, networks of public charter schools emerged. The public…

Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…

This short article provides a legal analysis of the Hale et al. white paper on specific learning disabilities identification. The white paper presents a purported consensus of experts that an approach combining response to intervention with severe discrepancy is consistent with the Individuals With Disabilities Education Act (IDEA). The analysis…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

A recent study discovered that charter schools designed for children with autism or "autism-centric charter schools" comprise half of the total number of charter schools designed for children with disabilities. However, these unique charter schools may be vulnerable to legal challenges because they may be violating the Individuals with…

School leaders are familiar with the Individuals With Disabilities Education Act, but they also need to be legally literate about Section 504 of the Rehabilitation Act. This need is particularly pressing in the wake of significant recent changes in Section 504 as a result of the Americans With Disabilities Amendments Act. This case illustrates the…

Before the passage of the Education for All Handicapped Children Act in 1975, only one child with disabilities in five attended a public school, according to the U.S. Department of Education. Many states' policies explicitly excluded children with certain types of disabilities from their traditional schools, including children who were blind,…

Administrators must have a strong command of education and special education law. Case law rulings, additions to procedural safeguards, and legislation in the area of special education are demonstrative of the need for additional training in the area of law for preservice administrators to increase their competency level. Valesky and Hirth (1992)…