The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of…

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…

Enacted in 2002 as the cornerstone of President George W. Bush's educational policy, the No Child Left Behind (NCLB) Act has been controversial since it became law. At its heart, NCLB is designed to have students perform at grade level by the year 2014. Yet as debate rages on an array of issues surrounding NCLB, the reauthorization process has…

A 2007 report from the Congressional Budget Office (CBO 2007) estimated that 12 million "unauthorized immigrants" lived in the United States, defining the term "unauthorized immigrants" as "foreign citizens residing in the United States illegally." Without providing exact numbers, in his 2011 State of the Union address, President Obama addressed…

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…

A key concern of educational leaders in faith-based schools is their ability to hire faculty members who support institutional missions. Insofar as the American legal system protects the rights of leaders in faith-based schools to hire those who share in school goals, this article is divided into three substantive sections. The first section…

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…

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

This article examines developments at the federal level that impact upon both the legal and educational rights of gifted students. It also reviews educational data supporting the need to establish special programs and concludes with recommendations for redressing inequities in educational programs for the gifted. (DB)

Examines the legal issues that may have impacts on charter schools. Considers the results of a study of the impact of charter school laws on urban schools (E. Rofes, 1998). Questions whether charter schools are public institutions and examines the key constitutional issues they face. Also reflects on labor issues and dealing with teachers' unions.…

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…