Litigation and Students With Disabilities: A Persistent Concern

This article reviews recent litigation related to students with disabilities; it presents themes as well as five tables summarizing the facts and decisions in specific cases gathered by topic (see abstract for list).

[Abstract]

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 abreast of these developments to ensure that the rights of students with disabilities are observed, educational benefits are attained, and potential liability is minimized.