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Mitchell L. Yell; M. Renee Bradley – Exceptionality, 2024
In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Gratton-Fisher, Emma; Zirkel, Perry A. – Exceptionality, 2021
The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…
Descriptors: Educational Legislation, Special Education, Special Education Teachers, Equal Education
Zirkel, Perry A. – Exceptionality, 2019
This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…
Descriptors: Disabilities, Educational Legislation, Equal Education, Federal Legislation
Blankenship, A. Paige; Canto, Angela I. – Exceptionality, 2018
The purpose of this study is to replicate a study conducted by Hux, Marquardt, Skinner, and Bond (1999) in which the researchers explored the frequency of traumatic brain injuries (TBI) in the special education population as compared to the frequency of TBI among students in general education. Hux and colleagues (1999) found that roughly…
Descriptors: Brain, Head Injuries, Special Education, Elementary Secondary Education
A. Zirkel, Perry – Exceptionality, 2018
After an introductory legal framework based on the Family Educational Rights and Privacy Act, this article canvasses the court decisions concerning liability for disclosures of confidential information about students with disabilities. The relatively few court decisions illustrate the wide variety of disclosures, including (a) those to the media,…
Descriptors: Disabilities, Confidentiality, Student Rights, Privacy