This paper starts with the increasing discussions on juridification in education. Concerning theorizing on such processes, we examine the poor implementation of the UN Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities, CRPD (2008) in the school sector of Germany. The paper considers the…

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…

Accountability policies have impacted school leadership practices both positively and negatively. In Texas, the adoption of a special education accountability policy led many schools and districts to delay or denial of special education to eligible students. This article includes an undisguised case describing the Texas Education Agency's district…

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…

Academic advisors occupy an ethically fraught position in institutions of higher education and frequently have to traverse complex curricular issues. Legal theorist Lon L. Fuller's work provides advisors with new resources to ply some of these troubled curricular issues. By focusing on understanding colleges and universities as law-generating…

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…

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…

This study is a review of open-enrollment charter school laws in the State of Texas to document how needs of students in special education are addressed in accordance with Texas charter school statutes and practices. It includes a background on charter schools in Texas, a survey report of key special education personnel directly involved with…

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…

Parents are important stakeholders in their children's special education program, but understanding the special education process can be complicated and overwhelming. Further, it is unclear how parents are informed about procedural safeguards within the process for their children and themselves, the extent of their understanding, and whether and…

The topic of special education can be confusing and frightening for parents who suspect their child has a disability or has difficulty learning. Parents in this situation want to know how to get help for their child. This guide is intended to help parents navigate the system and services available for children with special learning needs and to…

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…