By being public entities, charter schools must meet U.S. federal legislative mandates (e.g., Section 504) in providing a free, appropriate public education (FAPE) to students with disabilities--just as their traditional district public school counterparts must do. This legal update reviews a prominent case, "Lawton et al. v. Success Academy…

It is unlawful under the "Disability Discrimination Act 1992" (Cth) for Australian schools to discriminate against students based on disability. Yet discrimination against students with disability is on the increase in Australian schools, and so is the decentralisation and autonomy of schools. This scoping review set out to determine…

Although the enactment of the Rehabilitation Act of 1973 was over 50 years ago, students with disabilities continue to experience discriminatory bias and stigma in their day-to-day experiences that can negatively impact their academic progress (Charmatz, 2021). The use of accommodations in a post-secondary environment is designed to remove…

In July 2022, the United States Department of Education Office for Civil Rights issued guidance on supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act of 1973. The purpose of this guidance is to remind schools of their obligations under the law specific to…

The "Disability Discrimination Act 1992" (Cth) (DDA) prohibits discrimination by schools against students with disability. The DDA and the associated Disability Standards for Education 2005 (Cth) (DSE) also impose a positive obligation on schools to make reasonable adjustment for students with disabilities. The promise of inclusion…

This study employs legal research methods to explore how federal protections for individuals with disabilities apply in the context of postsecondary extended reality (XR) learning, such as for classes taught in virtual reality. Other examples include the use of 360 degree, interactive videos in online courses and activities that leverage digital,…

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

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…

In the U.S. education system, students of color experience multiple forms of marginalization at the intersection of markers of difference. These injustices manifest in multiple forms, such as higher rates of inappropriate referrals to special education, misidentification, conferring stigmatizing labels, and subsequently placing students of color…

Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

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…

College students with disabilities face institutional challenges related to pursuing their education. In addition to the developmental changes that occur during young adulthood, these students also must overcome obstacles involving inaccessible environments, programs, services, and instructional approaches. Colleges and other service providers are…

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)…

Students with disabilities need quality education to develop their skills and reach their full potential. However, according to the U.S. Department of Education (ED) in its 2021 report, more than half of the 50 states and the District of Columbia did not meet the requirements or purposes of the Individuals with Disabilities Education Act (IDEA)…