Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…

For this 18th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the IDEA's obligation of providing a comprehensive initial evaluation. More specifically, the focus here is determining eligibility for a gifted child with emotional and…

This case illustrates the importance for school leaders and teachers to be knowledgeable about current legal precedent when creating district and school policies. We describe a legal battle that occurred in Lancaster, Pennsylvania, in which a school district instituted a policy affecting English learners that was in violation of two federal laws.…

Almost 7 million children aged 3 to 21 received special education services under Part B of the Individuals with Disabilities Education Act (IDEA) in school year 2016-17. The Government Accountability Office (GAO) was asked to review parents' use of the Individuals with IDEA dispute resolution options. This report examines (1) how often IDEA…

Can an academic institution be truly free if it relies on government funding? Federal dollars mean federal mandates, and those mandates grow increasingly draconian. More and more, they stifle debate on open questions, demand denial of verifiable scientific truths, eliminate due process for students accused of misdeeds by other students, or insist…

Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for…

This paper explores post-secondary faculty perceptions of awareness and preparedness relating to Americans with Disabilities Act (ADA). Institutions of higher education are businesses. The largest threat to sustained viability for many businesses is litigation. Business-related litigation is often the result of non-employment discrimination or…

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…

Purpose: The purpose of this paper is to explore how the principles of universal design can be implemented by faculty and course designers to help give all learners access to equivalent information. It describes how information communication technologies can create barriers to information access, particularly when course content is rich in…

The purpose of this analysis is to provide systematic and up-to-date data on the frequency of the Individuals with Disabilities Education Act (IDEA, 2012) court decisions on a state-by-state basis, not only overall, but in relation to special education enrollments. This empirical analysis revealed notable differences among state rankings in the…

This article examines the legal and political significance of teacher unionization in rural and suburban school districts between 1960 and 1975. While most historians focus on the growth of unions in urban areas, strikes in outlying districts played a determinative role in the development of public sector labor law, particularly in the arbitration…

Background: This article examines the contemporary implications of the "Milliken v. Bradley" (1974) decision for educational inequality between school districts in U.S. metropolitan areas. We focus upon four metropolitan areas that were highly segregated in the 1970s but which met different fates in court: We first examine Detroit and…

The purpose of this study is to investigate the perceptions K-12 principals and teachers have of inclusive education in a school district in western Pennsylvania school district. The dependent variables are the teachers' and principals' perceptions of inclusion and the independent variables are years of educational experience, extent of special…

Purpose: In this essay, we examine the racial politics of education in the six decades after "Brown". We consider the state of educational policy in an era in which market reform advocates often invoke the spirit of the "Brown" decision even as the Supreme Court has largely vacated the legal framework provided by…