The Minnesota Department of Education (MDE) ensures educational equity for multilingual learners through supporting school districts and charter schools to develop, implement and evaluate research-based language instruction education programs so that multilingual learners, including students with English learner status, attain academic language…

The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student's individualized…

Objective: This article reports on a study of archival legal and administrative texts generated during desegregation litigation instituted during the 1970s to enforce Title VI of the 1964 Civil Rights Act. The specific focus of the research was on North Carolina and actions taken by the University of North Carolina and the state's Department of…

The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…

The elementary school years are a particularly crucial time for children to engage in quality physical education (PE). Increasing the proportion of elementary schools that require daily PE is a Healthy People 2020 objective. Concerns over deficiencies in the quantity and quality of PE in California, especially in elementary schools, have been…

The purpose of this article is to examine the free appropriate public education (FAPE) requirements of the Individuals With Disabilities Education Act (IDEA). The authors first briefly examine the definition of FAPE in the IDEA. Second, they delve into the U.S. Supreme Court's decisions in "Board of Education v. Rowley" and "Endrew…

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…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

This article provide an analysis of the relevant court decisions from the end of 2016 to the end of 2019 specific to the IDEA [Individuals with Disabilities Education Act] child find obligation. Questions investigated concerned trends with regard to frequency, distribution, and outcomes as well as whether particular factors (such as response to…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

As of the 2013-2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools,…

Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

On December 14, 2017 the FCC voted to repeal the net neutrality rules adopted by the FCC on February 26, 2015. The repeal goes into effect 60 days after it is published in the Federal Register. When the 539 page repeal order was released on January 4, 2018 it was not known when it would be published in the Federal Register. The repeal is being…

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…