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Yell, Mitchell L.; Katsiyannis, Antonis; Ryan, Joseph B. – Intervention in School and Clinic, 2023
Thirty-one U.S. states have laws that may result in students being arrested for misbehavior in school that is often considered a low-level rule violation. The problems with these laws include the vagueness and subjectivity of the language of the law. As a result, the enforcement of such laws has been criticized as being discriminatory, especially…
Descriptors: Student Behavior, Behavior Problems, Crime, Criminal Law
Yell, Mitchell L.; Losinski, Mickey L.; Katsiyannis, Antonis – Journal of Special Education Leadership, 2014
On January 25, 2013 the Office of Civil Rights (OCR) in the U.S. Department of Education issued a Dear Colleague letter (DCL) that addressed the obligations of school districts under Section 504 of the Rehabilitation Act regarding the participation of students with disabilities in extracurricular athletic activities (U.S. Department of Education,…
Descriptors: Disabilities, Student Participation, Extracurricular Activities, Athletics
Katsiyannis, Antonis; Barrett, David E.; Losinski, Mickey L. – Intervention in School and Clinic, 2011
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…
Descriptors: Delinquency, Juvenile Courts, Court Litigation, Disabilities
Yell, Mitchell L.; Katsiyannis, Antonis; Collins, James C.; Losinski, Mickey – Intervention in School and Clinic, 2012
The demands for accountability in education have led to an increase in high-stakes testing practices in public schools. Accountability can be seen at the high school level in the use of exit examinations (hereafter "exit exams") that students must pass to receive a diploma and graduate from high school. One of the most challenging issues…
Descriptors: Disabilities, High Stakes Tests, Accountability, Exit Examinations
Yell, Mitchell L.; Ryan, Joseph B.; Rozalski, Michael E.; Katsiyannis, Antonis – TEACHING Exceptional Children, 2009
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.…
Descriptors: Special Education, Court Litigation, Federal Courts, Federal Legislation
Yell, Mitchell L.; Katsiyannis, Antonis; Ryan, Joseph B.; McDuffie, Kimberly – Intervention in School and Clinic, 2008
The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…
Descriptors: Parent Rights, Civil Rights, Hearings, School Districts
Yell, Mitchell Louis; Katsiyannis, Antonis; Ryan, Joseph B.; McDuffie, Kimberly A. – Intervention in School and Clinic, 2009
In a recent decision by the U.S. Supreme Court, "Schaffer v. Weast," the high court ruled that the burden of persuasion in special education due process hearings should fall on the party that challenges a student's IEP. This Court ruling will change current practice across nearly half the United States. In this article, the authors…
Descriptors: Civil Rights, Hearings, Court Litigation, Special Education
Conroy, Terrye; Yell, Mitchell L.; Katsiyannis, Antonis – Remedial and Special Education, 2008
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…
Descriptors: Civil Rights, Individualized Education Programs, Disabilities, Court Litigation

Yell, Mitchell L.; Katsiyannis, Antonis – Preventing School Failure, 2001
A review of federal legal developments in education in the past 25 years addresses four issues: (1) student records, (2) the education of students with disabilities, (3) the civil rights of students with disabilities, and (4) school safety. Tables summarize major special education principles, special education court cases, and Supreme Court cases…
Descriptors: Civil Rights, Court Litigation, Disabilities, Educational History