Author explores ramifications of two 1978 United States Supreme Court decisions, "Manhart" and "Bakke," within America's historical drive for equality and within the limitations imposed by today's economic realities. Available from Executive Enterprise Publications Co., Inc., 10 Columbus Circle, New York, New York 10019; $48.00 annually.…

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)

This narrative describes the case of Richard Lapointe, a man with Dandy-Walker syndrome (a congenital brain malformation resulting in a build-up of cerebrospinal fluid in the skull), who was accused of homicide. The questionable practices of the police in acquiring a confession are recounted. The narrative discusses the court appeals process and…

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)

1988-1989 legislative and social goals of the American Association on Mental Retardation (AAMR) are outlined. Priorities focus on Medicaid reform, constitutional and civil rights, capital punishment and the criminal justice system, and staff compensation rates. Twenty additional goals in such areas as family support and tax reform are also…

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…

Eight mildly handicapped young adults were taught to discriminate whether or not possible violations of legal rights occurred in socially validated scenarios and, if so, to role-play a behavioral sequence to redress rights violations. With one exception, participants demonstrated generalization to four community role-play settings. (JW)

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…

Identifies key concepts and principles from the United Nations Declaration of the Rights of the Child. Presents learning activities and resource materials for each of these key principles. Includes a list of organizational resources and a calendar of related dates. (MJP)

This book is intended to be used as a reference for schools that seek to create drug free educational environments and to discourage all forms of substance abuse by students and personnel. The publication examines pertinent legal principles, including search and seizure, drug testing (for students, athletes, and employees), due process and…

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…