An educator criticizes the appeals process provided for in the 1981 British Education Act for parents of children with special educational needs. Noted are discriminatory features of the provision, a common lack of independence by the hearing committee, and the limited authority of the Independent Panel of Special Education Experts. (DB)

In Gurmankin v. Costanzo a U.S. District Court held that a policy of not considering handicapped persons for teaching positions violated the due process clause of the Fourteenth Amendment because it contained an irrebuttable presumption that the handicapped are not competent to teach. The doctrine of irrebuttable presumption is analyzed. (BH)

The author considers the legality of minimum competency testing diploma requirements applied to the handicapped in light of (1) their constitutional and statutory rights to nondiscriminatory treatment, (2) their statutory right to an appropriate education, and (3) their constitutional right to substantive and procedural due process. (Author/SSH)

Employment rights of the handicapped are examined in this collection of symposium papers. Addressed are: procedural aspects of plaintiff litigation, job relatedness and bona fide occupational qualification doctrines, plaintiff's private right of action, arbitration, insurance, state fair employment legislation, and federal and constitutional…

"Special Education Law," by Laura F. Rothstein, is organized into three major segments: (1) conceptual background material about the history of special education law; (2) analysis of issues in identification, evaluation, programing, placement, provision of related services, and due process protection; and (3) more esoteric legal matters.…

This paper discusses the Person's with Disabilities Act (PDA) passed in 1995 in India and compares it with the United State's Individuals with Disabilities Education Act (IDEA) of 1997. The comparison indicates the PDA is more limited in its coverage, does not include due process procedures, and does not fund the education of individuals with…

This pamphlet summarizes the responsibilities of school officials under Section 504 of the Rehabilitation Act of 1973 in administering nondiscriminatory disciplinary sanctions in the form of long-term suspension or expulsion of students with disabilities. It also summarizes the rights of disabled students and their parents or guardians in…

This handbooks is intended to provide Alaska state agencies and other employers in Alaska with a reference guide to assist in meeting the employment provisions of the Americans with Disabilities Act (ADA) of 1990. The first section briefly reports on a national survey to measure business awareness, attitudes, and reactions to the Act. Summarized…

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…

Litigation of handicapped students' and employees' rights continued at a significant level in 1988. Requests for attorneys' fees under the Handicapped Children's Protection Act was the focus of the greatest number of cases. As in 1987, two major issues were raised in these cases: the availability of fees for administrative hearings and the…

Litigation of handicapped students' and employees' rights showed a significant increase in 1987. The increase can be attributed primarily to the filing of a substantial number of cases to obtain attorneys' fees following the enactment of the Handicapped Children's Protective Act in 1986. Two major issues were raised in these cases: the…

This chapter reviews legislation and court litigation during 1986 that addressed the rights of handicapped students and employees. The most far-reaching legal activity occurred in the legislative arena, with the passage in 1986 of the Education of the Handicapped Act (EHA) mandating that services must be available for handicapped children between…

This monograph addresses issues concerned with the disproportionate representation of minority students, especially black students, in special education programs. It reviews the nondiscrimination legal requirements and protections as well as litigation in the federal courts. After a "warm-up exercise" in the form of a pre-test, an…

Litigation of handicapped students' and employees' rights continued at a significant level in 1990. Much of the litigation concerned the provision of an appropriate special education placement, due process rights, and recovery of attorney fees by prevailing parents under the Handicapped Children's Protection Act of 1986. Cases are summarized under…

This book presents an analysis of and guide to Section 504 of the Rehabilitation Act of 1973. Part I considers the evolution of compliance standards under Section 504 with chapters on civil rights compliance standards, nondiscrimination versus affirmative action, and the recipient's obligation. Part II provides an overview of Section 504 covering:…