This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…

This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

In the context of an analysis of the Davis case, an expansion of the law regulating rights of the handicapped to higher education is encouraged. Constitutional arguments are applied. The burden of providing reasonable access is placed on institutions. Equal protection and due process arguments may be used as theories of relief. (MSE)

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

Testimony concerning the Supreme Court decisions in the case of Grove City College v. Bell (1984) is presented in this document. The Courts ruling that Federal aid to a student constitutes funding only of the college's student air program, nor the entire institution, reflected the more persuasive reading of the Title IX Education Amendments,…

In the last 3 decades, Congress has enacted a number of civil rights statutes prohibiting discrimination in educational programs and activities receiving federal financial assistance. These statutes are: Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination); Title IX of the Education Amendments of…

The motion of the American Council of Education (ACE) and the National Institute of Independent Colleges and Universities (NIICU) to reverse the Fifth Circuit Court of Appeals decision in The University of Texas vs. Walter Camenisch is presented. The decision had ordered the university to provide free interpreter services to Camenisch, a deaf…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

This handbook for elementary and secondary school principals contains several chapters on topics important to building level administrators. Each chapter summarizes relevant state and federal court decisions and statutes, concluding with recommendations for practice. The handbook is divided into four sections: students and the law, special…