This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…

The COVID-19 pandemic affected the ways in which school districts provide educational services to all students, especially students with disabilities. Eligible U.S. students with disabilities have a right to a free, appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), and students with disabilities who…

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…

Ten high school special education teachers were interviewed on their perceptions of the process in place for transitioning students with mild to moderate autism spectrum disorder (ASD). In many cases, it was determined that although through individual education plans (IEP), students with mild to moderate ASD were provided accommodations and…

When adolescents with attention deficit hyperactivity disorder (ADHD) demonstrate impairment in academic performance, school professionals have the option of using strategies that reduce expectations (formally or informally), using interventions that facilitate skill development in the student, or both. Because there are unintended consequences of…

A respected principal finds himself caught in the middle of a complex legal conundrum when a student requests to bring a service animal to his public school where another student may be dangerously allergic to the animal. This case explores how accommodations per the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of…

Among the most critical pre-pandemic inequities that have not received sufficient attention is the fact that many districts are not meeting their legal and moral obligation to educate students with disabilities, which must include providing needed mental health services, behavioral supports and educationally sound interventions by well qualified…

Among the most critical pre-pandemic inequities that have not received sufficient attention is the fact that many districts are not meeting their legal and moral obligation to educate students with disabilities, which must include providing needed mental health services, behavioral supports and educationally sound interventions by well qualified…

The purpose of this study is to interview high school teachers of English Language Arts and special educators who are partners in a co-teaching model. It is important to understand the perceptions of teachers using co-teaching models to learn about the strengths of the program, as well as areas for improvement. In 1975, public education changed…

Building collaborative relationships between school counselors and special education teachers is critical to help school counselors effectively serve students with disabilities in closing the achievement gap and assisting them with career and college readiness. As such they often serve on 504 plans and Individualized Education Programs (IEP) teams…

Since its enactment, the "Education for All Handicapped Children Act of 1975," Public Law (P.L.) 94-142, requires the secretary of the U.S. Department of Education (secretary) [and predecessor, the commissioner of education at the U.S. Department of Health, Education, and Welfare] to transmit to Congress an annual report to inform…

At the postsecondary and secondary levels of education, students with learning disabilities are by law entitled to reasonable accommodation in support of their education. Secondary and postsecondary institutions as disability service providers are required to follow guidelines and direction to make this accommodation possible. Yet as these…

Since its enactment, the "Education for All Handicapped Children Act of 1975," Public Law (P.L.) 94-142, requires the secretary of the U.S. Department of Education (secretary) [and predecessor, the commissioner of education at the U.S. Department of Health, Education, and Welfare] to transmit to Congress an annual report to inform…

"If you don't know where you're going, any road will take you there." This oft-cited but not-quite-accurate quote is from the Lewis Carroll's classic children's tale, Alice in Wonderland. In Carroll's altered reality, the conversation between the disoriented Alice and the mysterious Cheshire Cat actually went like this: "Would you…