The history of the denial of equal education opportunities to Black children is a long one, whether through racial segregation or overrepresentation in special education. No other group is as overreferred, overidentified, and overrepresented in special education as Black students, specifically Black males. The authors present an historical and…

A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…

Students with disabilities are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). If school officials fail to provide students with a FAPE, the courts may grant appropriate relief. Courts often direct educators to provide students with disabilities with a FAPE and to compensate…

In most school systems in the United States, interscholastic sporting events and other extracurricular activities help bring people together while enhancing opportunities for students to become integral parts of their communities. Because of the important role that extracurricular activities, especially sports, play in the lives of students,…

According to the Individuals with Disabilities Education Act (IDEA), once students with disabilities receive educational placements, school officials cannot unilaterally change their settings. When officials wish to change the placements of students with disabilities for any reason, they must not only notify their parents of their intent to do so…

In 1990, Congress enacted the Americans with Disabilities Act as a comprehensive mandate to eliminate discrimination against individuals with disabilities. The ADA's primary intent was to extend the protection of Section 504 of the Rehabilitation Act of 1973. The major difference between the two laws is that Section 504 applies to programs that…

The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…

This article analyzes provisions of the 1997 amendments to the Individuals with Disabilities Education Act, specifically regulations and relevant case law concerning provision of services to students in private schools. It offers guidelines for implementing the new provisions and suggestions for how to avoid violating the establishment clause in…

This reference guide examines special education, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA), and their implications for educators in Catholic schools. Chapters 1 through 4 look at special education, Section 504, and IDEA from a legal perspective. A brief history of special education is…

Historically, it was more convenient to remove the disabled from the social mainstream than to integrate them in schools or provide jobs or training. This article traces progress made by case law and federal legislation, including the 1975 Education for All Handicapped Children Act, 1973 Rehabilitation Act (Section 504), and 1990 Individuals with…

Less than half the nation's gifted students are placed in appropriate educational settings. The Javits Gifted and Talented Students Act acknowledges the need for special programs for these children, but doesn't mandate their creation. The legal status of programs for the gifted contrasts sharply with those for children in special education. This…

The "Declaration of Independence" guarantees Americans the right to life, liberty, and the pursuit of happiness. However, these rights have not been uniformly available to all citizens. Individuals with disabilities, for example, have received unequal treatment and have been victims of both intentional and unintentional discrimination.…

The No Child Left Behind Act (NCLB), the most current revision of the Elementary and Secondary Education Act of 1965 notwithstanding, the more than 100 page long Individuals with Disabilities Education Act (IDEA) is the most comprehensive, expensive, and litigated federal statute impacting on public education in the United States. Enacted…