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Children with autism accounted for almost one third of a comprehensive sample of published court decisions concerning the core concepts of free appropriate public education (FAPE) and least restrictive environment (LRE) under the Individuals With Disabilities Education Act. The other major, and more significant, finding was that when comparing this litigation percentage with the autism percentage in the special education population for the period 1993 to 2006, the ratio was approximately 10 : 1. The reasons for this disproportionality, or overrepresentation of children with autism in FAPE/LRE litigation, are complex. Special education leaders need to pay particular attention to establishing effective communications and trust building with parents of students with autism and to optimize the use of various approaches of alternative dispute resolution.

A federal district court in Florida has ruled that parents of a student with autism have stated a valid claim that charter school employees' use of excessive force constituted a violation of the student's substantive due process rights. The court concluded that the parents had alleged facts sufficient to show: (1) use of excessive force that "shocks the conscience;" and (2) the charter school employees acted under color of state law. It found, however, that the parents' allegations of emotional injuries and psychological harm were insufficient to rise to the level of conduct that shocks the conscience.

As a reporter from the Voice of San Diego quickly found, no one was critical of the idea of inclusion at the time the district wanted to make the shift. In fact, inclusion is widely regarded as the attitude districts should have and what is best for students, and when districts segregate too much, they may be punished. But San Diego parents, who had advocated for more inclusion, were alarmed by the district's approach, which has turned out to be problematic in practice. Now three years into the shift to inclusion, parents and educators are wondering: Did San Diego move too fast? One parent, who oversees special education in a nearby district, reacted by plucking his young son with autism out of the district before the switch.

I am a special education teacher. My students have learning disabilities ranging from autism and attention-deficit disorder to cerebral palsy and emotional disturbances. I love these kids, but they can be a handful. Almost without exception, they struggle on standardized tests, frustrate their teachers and find it hard to connect with their peers. What's more, these are high school students, so their disabilities are compounded by raging hormones and social pressure. As you might imagine, my job can be extremely difficult. Beyond the challenges posed by my students, budget cuts and changes to special-education policy have increased my workload drastically even over just the past 18 months. While my class sizes have grown, support staff members have been laid off. Students with increasingly severe disabilities are being pushed into more mainstream classrooms like mine, where they receive less individual attention and struggle to adapt to a curriculum driven by state-designed high-stakes tests. On top of all that, I'm a bad teacher. That's not my opinion; it's how I'm labeled by the city's Education Department.