The authors answer questions regarding due process procedures, particularly in relation to P.L. 94-142, the Education for All Handicapped Children Act. (SBH)

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…

This article addresses the substantial changes that Congress made in the 1997 amendments to the Individuals with Disabilities Education Act concerning discipline of students with disabilities. It analyzes both the procedural and substantive requirements related to suspending students, expelling students, and conducting functional behavioral…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

This paper reviews the 45 due process hearings and court cases between 1993 and 1998 concerning parental requests for school districts to provide and/or fund the Lovaas treatment program for their young children with autism. It reviews previous legislative and legal definitions of a free appropriate public education and considers implications of…

This study examines activities of the South Carolina Department of Education directed toward implementation of Public Law 99-457 (the Education of the Handicapped Act Amendments 1986) which called for special education for preschool children with disabilities. The study specifically documents the number of children served, number of children…

This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

One of a series of secondary level teaching units presenting case studies with pro and con analyses of particular legal problems, the document presents a student's lesson plan, a teacher's lesson plan, and a lawyer's lesson plan designed to expose students to the concept of procedural due process with particular reference to the Supreme Court's…

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 chapter--new to the "Yearbook"--discusses all court cases reported in 1986 that involved student athletes, coaches, athletic directors, athletic associations, booster organizations, interscholastic sports programs and events, and sports facilities and equipment at both the K-12 and higher education levels. It does not, however,…

This is the ninth in the series of monographs designed to summarize and analyze judicial decisions on elementary and secondary education issues. The cases under discussion (found in federal and regional reporters from June 30, 1986, to June 30, 1987) were selected on the basis of their relevance to contemporary problems in public school settings,…

This book is designed to provide educators with comprehensive information about special education law, especially the Individuals with Disabilities Education Act (IDEA). Chapter 1 briefly reviews the history of special education. In Chapter 2 the specific rights of students to special education and related services are detailed. Chapter 3 outlines…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

This is the seventh in a series of Educational Research Service (ERS) monographs designed to summarize judicial decisions on elementary and secondary education issues by state and federal courts. These cases, dating from June 30, 1983 to June 30, 1984, were selected on the basis of their relevance to contemporary problems in public schools, their…