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…

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…

In the United States increasingly more children are being identified as needing special services. Teachers are usually the first to identify children in need of such services and refer those children for evaluation. Due to the fact that more of these children are being included in the regular classroom environment, it is imperative for teachers to…

For students with disabilities to have the same opportunities to succeed as their nondisabled peers, access to educational technology and digital content is critical. It is essential that higher education boards, administrators, faculty, and administrative staff understand why accessibility must be on the forefront of our educational programs,…

News reports illustrate controversies between parents and schools in response to student health problems. Today's school nurse is in a pivotal position for the avoidance and resolution of disputes not only by increasing awareness of student health conditions but also by having a working knowledge of legal developments under Section 504 and its…

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…

An annotated outline provides recent case law in special education since the last update in this series. (MLF)

Traces the interplay among three federal statutes that serve as legal bases in special education suits with attention to two interrelated issues: (1) whether attorneys' fees are available; and (2) whether the Education for All Handicapped Children Act is the exclusive avenue. (MLF)

Annotated outline provides an overview of the administrative and judicial rulings under Section 504 with regard to services to K-12 public school students. (MLF)

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

Key components of state high-stakes testing are analyzed in light of major federal statutes and court cases involving the rights of children with disabilities. Concludes with three state policy recommendations for testing students with disabilities: (1) avoid testing on a single criteria; (2) give adequate notice; and (3) do not test what has not…

Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…

Reviews legal issues pertaining to charter schools' responsibilities for children with disabilities. Examines Section 504, Americans with Disabilities Act, and Individuals with Disabilities Education Act. Discusses what special issues attach when charter schools seek to serve only or predominately children with disabilities. Explores implications…

Public Law 94-142, the Education for All Handicapped Children Act, defines "handicapped children," specifies the criteria that must be met before children are eligible for special education, and identifies the "related services" that handicapped children may be eligible to receive. Section 504 of the Rehabilitation Act…