The rights and privileges granted by the Constitution were affirmed for special-needs students through passage of the Individuals with Disabilities Education Act (IDEA). However, difficulties can arise when the duty of the school administrator to maintain order, discipline, and a safe environment clashes with special education students' rights to…

The Americans with Disabilities Act (ADA) effectively extends the protection of section 504 of the Rehabilitation Act to individuals with disabilities throughout society. Some lawsuits brought by public employees have alleged discrimination under both section 504 and ADA. (49 footnotes) (MLF)

The Individuals with Disabilities Education Act (IDEA) requires school districts to educate students with disabilities in the least restrictive environment (LRE). The IDEA does not require mainstreaming in all cases; however, in several recent cases, courts began to tip the scales in favor of inclusive programming for these students. Reviews cases…

The Education for All Handicapped Children Act requires school districts to provide handicapped children with an appropriate education in the least restrictive environment. Analyzes several circuit court decisions that provide a reasonable framework for courts to use in deciding least restrictive environment controversies. (MLF)

The Individuals with Disabilities Education Act and its implementing regulations provide disabled students and their parents with specific procedural rights. Cited cases illustrate that failure to provide parents with the rights enumerated in the legislation will lead to decisions against school districts in the courts. (MLF)

During the early years of the Individuals with Disabilities Education Act (IDEA), the courts generally deferred to school officials on least restrictive environment (LRE) matters and ruled in favor of more restrictive placements. Recent cases may signal that the courts may be growing impatient with school officials for not providing less…

This analysis of parents' procedural due process rights under the Individuals with Disabilities Education Act examines the 1982 case of Hendrick Hudson Central School District Board of Education versus Rowley and reviews principles concerning parental rights, parental notification, procedural errors, the Individualized Education Program conference…

The courts are holding that the services that a school district must provide to its handicapped students do not include those that would require a considerable expenditure of additional funds or the hiring of additional staff. (MLF)

Analysis of the Supreme Court's 1982 decision in "Board of Education of Hendrick Hudson Central School District versus Rowley" suggests that the more recent and more liberal interpretation requiring educational programs to confer some meaningful benefit is in keeping with Congress's and the Court's original intent. (DB)

This article analyzes provisions of the 1997 amendments to the Individuals with Disabilities Education Act, specifically regulations and relevant case law concerning provision of services to students in private schools. It offers guidelines for implementing the new provisions and suggestions for how to avoid violating the establishment clause in…

This reference guide examines special education, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA), and their implications for educators in Catholic schools. Chapters 1 through 4 look at special education, Section 504, and IDEA from a legal perspective. A brief history of special education is…

Major court decisions concerning the least restrictive environment for students with severe disabilities are analyzed and conclusions are drawn outlining the current status of case law. Court cases have weighed the benefits of mainstreaming against the benefits of providing greater or more specialized services in a segregated program. In general,…

This book is intended to guide school administrators through the day-to-day supervision of the special education program and to serve as a resource for handling problem situations that may arise. The first of the book's six chapters provides basic information on program management, including standards of compliance with state and federal…

Litigation over the rights of handicapped students and employees continued at a significant level during 1989. Recovery of attorneys' fees was the most frequently litigated handicapped issue. Cases are summarized under the following topics: (1) entitlement to services; (2) procedural safeguards, including change in placement, administrative…

This book is designed to provide educators with comprehensive information about special education law, especially the Individuals with Disabilities Education Act (IDEA). Chapter 1 briefly reviews the history of special education. In Chapter 2 the specific rights of students to special education and related services are detailed. Chapter 3 outlines…