A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…

Students with disabilities are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). If school officials fail to provide students with a FAPE, the courts may grant appropriate relief. Courts often direct educators to provide students with disabilities with a FAPE and to compensate…

In most school systems in the United States, interscholastic sporting events and other extracurricular activities help bring people together while enhancing opportunities for students to become integral parts of their communities. Because of the important role that extracurricular activities, especially sports, play in the lives of students,…

When school boards fail to provide the free appropriate public education (FAPE) guaranteed in the Individuals with Disabilities Education Act (IDEA), students with disabilities and their parents can be compensated in various ways. One of the more common remedies is to reimburse parents for tuition and other costs they may have incurred in…

The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…

Reviewing the history of the controversy over reimbursement for private school costs under the Education For All Handicapped Children Act, this article explores the implications of the Supreme Court's ruling in Burlington School Committee v. Department of Education. (CL)

The four Supreme Court decisions interpreting the Education for All Handicapped Children Act which have been handed down to date are reviewed: Board of Education v. Rowley (1982), Irving v. Tatro (1984), Smith v. Robinson (1984), and Burlington v. Department of Education (1985). Implications and pending legislation are discussed. (JW)

The 1997 Individuals with Disabilities Education Act amendments include discipline-related provisions that expand school officials' authority to deal with disabled students caught with weapons or drugs or exhibiting dangerous behaviors and clarify procedures governing manifestation determination, provision of educational services during…

The Individuals with Disabilities Education Act (IDEA) does not contain a statute of limitations for filing a lawsuit. Presents a state-by-state analysis of the statutes of limitations courts have borrowed from the respective states for lawsuits appealing administrative decisions and independent actions to recover attorney fees under IDEA. (55…

The Handicapped Children's Protection Act allows the courts to provide an award of reasonable attorney fees to prevailing parents or guardians in any action or proceeding brought under the Education for All Handicapped Children Act. Discusses issues litigated in attorney fee reimbursement cases. (60 references) (MLF)

Several court cases have involved the provision of special education services to students who attend parochial schools. In "Zobrest," the Supreme Court ruled in favor of providing a sign-language interpreter to a parochial school student. Reviews that decision against the backdrop of establishment clause decisions in general. (MLF)

The paper examines an Idaho Supreme Court decision (Thornock versus Boise Independent School District) that placement of a severely handicapped student in a regular classroom with the assistance of an aide was preferable to placement in a segregated special education classroom. The paper argues that this decision is contrary to the provisions of…

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)

Guidelines are offered to authors on the correct citation format for legal references, including statutes and regulations, court decisions, and law review articles. Standards are based on those published by the Harvard Law Review Association and the American Psychological Association. (DB)

The Supreme Court's 1985 decision regarding reimbursement of private school tuition to parents, in accordance with Public Law 94-142, has raised several new issues that lower courts have since dealt with, such as costs of related services, use of nonapprpoved facilities, requirement for prior school district evaluation, and others. (Author/PB)