This digest examines how the concepts of least restrictive environment, mainstreaming, and inclusion have been developed by Congress and the courts. An introductory discussion of the Individuals with Disabilities Education Act (IDEA) notes that Congress did not define the concept of least restrictive environment, but left it to the courts to shape…

This brief paper presents guidelines for creating useful Individualized Education Programs (IEPs) as required under the Individuals with Disabilities Education Act. It lists 10 items of information that the law requires be included in an IEP such as current levels of educational performance and measurable goals and objectives. The importance of…

Strategies for dealing effectively with sexual harassment in the educational organization are presented in this document. Identification of the problem is complex, compounded by the context in which it occurs and different male and female perceptions. One starting point for identification is the 1980 federal guidelines passed by the Equal…

The increasingly complex environment in which colleges and universities now operate has spawned a set of requirements for accountability with which institutions and therefore faculty must comply. Although academic freedom and tenure provide important protections for faculty, they are not unlimited. At the same time, institutions face a myriad of…

This digest summarizes the issues involved in the instruction of college students with learning disabilities and offers a practical approach to teaching these students. It notes first that disability law at the college level is not as prescriptive as that for the elementary secondary level. Since the instructional climate in higher education is…

Recent Supreme Court rulings are motivating employers to take actions reflecting their compliance with federal laws protecting against sexual harassment. Three key steps employers can take to counter sexual harassment are as follows: develop a strong company policy specifying outlawed behaviors and penalties for their demonstration; establish…

Key aspects of P.L. 99-457, the Education of the Handicapped Act Amendments of 1986, affecting handicapped infants, toddlers, and preschoolers from birth to age 5 are summarized. Presented in a question answer format the information digest addresses the following questions: What children are eligible for early intervention services? Are these…

This brief identifies practices that include students with disabilities in large-scale assessments as required by the reauthorized and amended 1997 Individuals with Disabilities Education Act. It notes relevant research by the National Center on Educational Outcomes and summarizes major findings of studies funded by the U.S. Office of Special…

This brief paper on the inclusion of students with disabilities summarizes the history, terms, and legal requirements. The relevant section of the Individuals with Disabilities Education Act is cited followed by a brief review of the mainstreaming movement of the 1970s and the regular education initiative in the mid-1980s. Regulations governing…

This digest provides background information about gender equity in sports and physical activity as well as specific strategies for achieving equity at the middle and secondary school levels. The paper begins by describing gender equitable sports programs as ones in which either boys or girls would be pleased to accept as its own the program of the…

This digest summarizes ethical and legal issues affecting school counselors. It emphasizes the importance of ethical standards, and of knowing the content, purposes, and limitations of professional codes of conduct as general guidelines for addressing difficult issues. Advice is offered on how to address colleagues' unethical behavior, and on…

This digest summarizes the role of the dean or department chair in dealing with legal issues in higher education. It considers the types of legal issues which might arise for these administrators (such as contract and tort matters for staff and students), the erosion of the legislative and judicial deference given to academic decision making, and…

The obligations of colleges and universities under existing laws prohibiting sex discrimination against employees and students are summarized. Principal federal sources of legal obligation regarding employees are the equal protection clause of the Fourteenth Amendment, Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and…

Recent legal developments concerning college students and colleges and universities are summarized, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. The status of…

This brief paper presents a comparative overview of three major federal laws affecting people with disabilities: the Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973. Presented in chart form, the three pieces of legislation are compared for the…