Responses to a survey of state special education directors (n=51) revealed that fewer than half of the states have developed policies and/or guidelines on Section 504 of the Rehabilitation Act of 1973, which ensures specific educational rights for children with disabilities. Highlights of available policies are presented, focusing on compliance…

Juvenile delinquency in the United States has been a persistent concern for decades. Consequently, because more juveniles have been referred to juvenile court and the arrest rate of preteen offenders has increased to almost three times that of older youth, the persistent and often controversial issue of the capacity of juvenile offenders to waive…

Engaging in physical activity is important for school-age children, as it promotes a healthy and active lifestyle. However, barriers to participation in physical education and athletics often prevent students with disabilities from engaging in these important activities. There are several legal precedents that should be considered as schools seek…

Special education litigation remains a volatile area with significant practice implications. A review of the 2010 case law in the "Special Educator" identified discipline (manifestation determination, seclusion and restraints, harassment), evaluation/RTI, and postsecondary transition as specific areas of concern. School administrators should keep…

Under the Individuals with Disabilities Education Act of 2004 (IDEA), children with identified disabilities are entitled to a free appropriate public education (FAPE). As it relates to FAPE, IDEA requires that each identified student receive special education and related services specifically designed to confer educational benefit that individual.…

The Individuals With Disabilities Education Act (IDEA) has spawned much litigation in which parents of children with disabilities and school districts disagree over the content of a student's special education. The majority of this litigation has occurred in the federal district courts. The federal court system consists of more than 100 U.S.…

Examines the application of Section 504 of the Rehabilitation Act of 1973 to children with autism. It describes eligibility requirements, rights and protections afforded, trends in litigation for students with autism, and potential issues including medication, social skills training, high-functioning individuals with autism, placement, and…

A review is presented of Office of Civil Rights rulings on the eligibility, assessment, and accommodations for children with attention deficit hyperactivity disorder under Section 504 of the Rehabilitation Act of 1973. Emphasis is on requirements of the law for educational settings and differences and similarities with requirements of the…

On November 14, 2005, the U.S. Supreme Court announced its decision in "Schaffer v. Weast." This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and…

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services is allowed. This article critiques this provision by reviewing relevant case law and legislation, examining the mandate's social context, and questioning the validity of…

Addresses various remedies that courts have assigned when schools fail to comply with the Individuals with Disabilities Education Act. Covers traditional remedies such as reimbursement for residential placements, related services, and legal fees, with an added emphasis on the increasingly used remedy of compensatory education and the potential for…