For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…

The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2006 and, in particular, Article 24 was a landmark in the struggle of people with disability for recognition of their fundamental human rights, including their right to education. As a legally binding treaty under international law, imposing…

This discussion paper has been produced by Australian Children's Education and Care Quality Authority (ACECQA), on behalf of all state and territory governments and the Australian Government, to inform the "2020 Review of the Disability Standards for Education 2005." This paper asks providers of early childhood education and care (ECEC)…

Engaging in physical activity is important for school-age children, as it promotes a healthy and active lifestyle. However, barriers to participation in physical education and athletics often prevent students with disabilities from engaging in these important activities. There are several legal precedents that should be considered as schools seek…

The purpose of this brief is to help families and educators understand the right of students with disabilities who need accessible educational materials to receive these materials in a timely manner. This right is based on provisions in the Individuals with Disabilities Education Act (IDEA), as well as in the disability civil rights statutes…

In this supplemental fact sheet, the Department of Education (the Department) reminds educators in the time of the COVID-19 pandemic that they should not opt to close or decline to provide distance instruction, at the expense of students, to address matters pertaining to services for students with disabilities. Rather, school systems must make…

The purpose of this study is to investigate factors that may influence school administrators' disciplinary decisions involving students with disabilities. Confirmatory factor analysis suggests that the investigator-developed measures adequately represent the hypothesized latent factors per the pattern of observed responses. The hypothesized…

As someone charged with ensuring equality in the school environment, teachers have heard the term "inclusion"--the principle that students with special needs, skill sets, and abilities should be integrated in publicly supported activities to the same extent as their nondisabled peers. However, the word inclusion--in and of itself--does…

The Dear Colleague Letter (DCL) does the following: (1) Clarifies the relationship between bullying and discriminatory harassment under the civil rights laws enforced by the Department of Education's (ED) Office for Civil Rights (OCR); (2) Explains how student misconduct that falls under an anti-bullying policy also may trigger responsibilities…

In recent years, many state departments of education and local school districts have taken steps to reduce bullying in schools. The U.S. Department of Education (Department) fully supports these efforts. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create…

Recent focus on litigation and administrative concerns for the handicapped focus on the right to recreation and participation in sports. Statutory and regulatory requirements, physical education and athletics requirements, enforcement of Section 504 rights, and planning for compliance are discussed. (MLW)

This fact sheet describes provisions under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (ADA) that prohibit the discriminatory assignment of students with disabilities to segregated classes or facilities. In elementary and secondary schools, students with disabilities may be assigned to…

Designed for educators, this guide provides an overview of Section 504 of the Rehabilitation Act of 1973, compares and contrasts Section 504 with the requirements of the federal special education statute of the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act, and discusses how powerful Section 504 is as a…

This leaflet provides the parents of children with diabetes an overview of education legislation that affects the education of their child. The guide briefly explains the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act 1973, the rights of the parent or legal guardian of a child with diabetes, such as…

"Special Education Law," by Laura F. Rothstein, is organized into three major segments: (1) conceptual background material about the history of special education law; (2) analysis of issues in identification, evaluation, programing, placement, provision of related services, and due process protection; and (3) more esoteric legal matters.…