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…

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…

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…

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)…

Inclusive education is a global priority and binding obligation for Australia to meet as a signatory to international human rights treaties. It is also supported by evidence as an effective model of schooling for all students and supporting those with disability. Yet segregation remains deeply embedded within the education systems of all states…

In this paper we discuss the connection between the lack of special education specific preparation for leaders and decades of evidence of racial inequities in special education. In doing so, we have a four-fold purpose. First, we outline the basic Individuals with Disabilities Education Act (IDEA) legal requirements that educational leadership…

The purpose of this brief is to help families and educators understand the right of students with disabilities who need accessible educational materials to receive these materials in a timely manner. This right is based on provisions in the Individuals with Disabilities Education Act (IDEA), as well as in the disability civil rights statutes…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

Rapidly becoming the largest ethnic group of American students, compared to White students with disabilities, Latino students with disabilities receive less services and their parents are more likely to struggle to receive services. Yet, it is unclear how Latino families advocate for their children with disabilities including how cultural values…

Clinicians uniformly recommend accommodations for college students with learning disabilities; however, we know very little about which accommodations they select and the validity of their recommendations. We examined the assessment documentation of a large sample of community college students receiving academic accommodations for learning…

The purpose of this study is to investigate factors that may influence school administrators' disciplinary decisions involving students with disabilities. Confirmatory factor analysis suggests that the investigator-developed measures adequately represent the hypothesized latent factors per the pattern of observed responses. The hypothesized…

This article profiles Judy Heumann, who has spent her life as an advocate for the rights of people with disabilities. She advocates for the full appropriate implementation of the Individuals with Disabilities Education Act and other related antidiscrimination legislation. Her ultimate goal is for people with disabilities "not to be seen as…

Many preservice secondary teachers feel well prepared by their teacher preparation programs to teach their content area. However, these same preservice teachers overwhelmingly indicated that more instruction in serving students with special needs-modifications, management techniques, paperwork and educational terms-was warranted. They understand…

Prior to the passage of the Education for All Handicapped Children Act in 1975 (PL 94-142), the educational experience of disabled children and youth was varied and uncertain. Many children and youth with sensory, physical or cognitive impairments received minimal skill development training in institutions, separate day classes, church basements…

This article describes two major laws affecting special education--Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. It identifies the agencies charged with enforcement of these laws, and lists printed and organizational resources that address specific questions about these laws and their application in…