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Kost, Joan B. – 1980
An educational advocate and parent of a hearing impaired child discusses her role. She cites the need for advocacy and briefly mentions problems with due process cases in Pennsylvania. She lists techniques for individual advocacy (such as an advocacy record of parent-school negotiations and school records) as well as for systemwide advocacy…
Descriptors: Child Advocacy, Disabilities, Due Process, Legal Problems
Stumme, James M. – 1985
The monograph is intended to help school psychologists understand the special procedures, techniques, and considerations necessary for providing effective courtroom interventions, specifically expert testimony and written reports. Beginning with an explanation of lay and expert witnesses, the monograph goes on to stress the importance of pretrial…
Descriptors: Court Litigation, Disabilities, Due Process, Legal Problems
Frith, Greg H. – Education Unlimited, 1981
Problems involved in due process procedures center on low morale, high expense, and paperwork. Possible approaches to remedying problems include establishing state impartial procedural safeguard panels, employing trouble shooters for children who need currently unavailable services, and using greater flexibility in monitoring local due process…
Descriptors: Compliance (Legal), Disabilities, Due Process, Elementary Secondary Education

McCarthy, Martha M. – Journal of Education Finance, 1985
Traces the legal arguments and decisions in "Smith vs. Robinson," which resulted in a U.S. Supreme Court decision disallowing the award of attorney's fees to successful plaintiffs claiming rights under the Education for All Handicapped Children Act. Notes implications of and reactions to the Supreme Court decision. (PGD)
Descriptors: Compensation (Remuneration), Court Litigation, Disabilities, Due Process
Congress of the U.S., Washington, DC. House Committee on Education and Labor. – 1985
The proceedings of a 1985 House of Representatives hearing to amend Section 615 of the Education of the Handicapped Act are presented. The hearing focused on questions of paying for attorneys fees in special education due process decisions. Statements are presented by representatives of policy makers, parents, and professional associations…
Descriptors: Costs, Court Litigation, Disabilities, Due Process

Osborne, Allan G., Jr. – West's Education Law Reporter, 1988
Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…
Descriptors: Disabilities, Discipline, Due Process, Elementary Secondary Education
Frasco, Lisa J. – Education Unlimited, 1980
The author reviews cases involving suspension and expulsion from school of handicapped students. The role of procedural safeguards is considered. Differences between approaches of the office of Civil Rights and the Bureau of Education for the Handicapped are examined. (CL)
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Due Process
Fisher, M. Byron – 1980
Several factors should be considered by attorneys representing school boards faced with the need for administrative hearings concerning the education of a handicapped child. Attorneys should try first to resolve the problem without resort to the formality of a hearing. If a hearing is necessary, the issues should be determined; a hearing examiner…
Descriptors: Board of Education Role, Disabilities, Due Process, Elementary Secondary Education

Warboys, Loren M.; Shauffer, Carole B. – Remedial and Special Education (RASE), 1986
The article discusses problems that may arise in relation to identification, evaluation, Individualized Education Programs, related services, and due process protection for inmates eligible for special education. Problems include failure to identify and evaluate adequately and issues related to discipline, suspension, and exclusion. (Author/CL)
Descriptors: Correctional Education, Delinquency, Disabilities, Disability Identification
Barton, Lyle E.; And Others – Exceptional Education Quarterly, 1983
Litigation and the issues surrounding the use of behavioral procedures to handicapped persons are reviewed. Attention is directed to the use of aversive techniques, e.g., corporal punishment, electric shock, timeout, and restraint. (SEW)
Descriptors: Behavior Modification, Civil Rights, Court Litigation, Disabilities
Zirkel, Perry A.; Gluckman, Ivan B. – Principal, 1997
In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…
Descriptors: Court Litigation, Disabilities, Discipline, Due Process
Hamm, John – 1990
This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Due Process
Applied Management Sciences, Inc., Silver Spring, MD. – 1980
The study examined standards applied by judges and hearing officers in deciding disputes related to the least restrictive environment (LRE) placement of handicapped children. The historical basis of the requirement is reviewed, focusing on court decisions; the requirements of P.L. 94-142, the Education for All Handicapped Children Act regarding…
Descriptors: Compliance (Legal), Court Judges, Court Litigation, Disabilities

Boscardin, Mary Lynn – Journal of Education Finance, 1987
While the due process provisions within PL 94-142 are designed to protect the rights of handicapped children and their parents regardless of costs, this study suggests that Congress' original intentions are not being realized. Findings disclosed enormous cost differences (especially person hour costs) among due process hearings. Includes two…
Descriptors: Disabilities, Due Process, Educational Equity (Finance), Educational Finance

King, Ashley Thomas – NASSP Bulletin, 1996
A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…
Descriptors: Behavior Problems, Court Litigation, Disabilities, Due Process