Special education services provided in public schools today are rooted in the Federal Law passed in 1975 known as the Education for all Handicapped Children Act (EAHCA). Since 1975 this law has undergone revisions, now known as the Individuals with Disabilities Education Act (IDEA) but law provided the foundation to guarantee all public-school…

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)

A federal court awarded attorney fees in a P.L. 94-142 case on the basis of violation of a handicapped student's due process rights, and the U.S. Surpeme Court will review another P.L. 94-142 case that could have an impact on special education budgets. (DCS)

Explores the residential placement provision of the regulations accompanying the Education for All Handicapped Children Act. Describes federal court interpretations, analyzing the criteria for distinguishing a special education residential placement from a noneducational residential placement. Suggests that courts should construe the residential…

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)

Reviews the Supreme Court's decision in "Rowley v. Hendrick Hudson School District" and its test to determine provision of a free appropriate public education. Examines court decisions since "Rowley" on whether the primary focus was whether the student was receiving a beneficial education or on procedural matters. (MLF)

The Education for All Handicapped Children Act requires school districts to provide handicapped children with an appropriate education in the least restrictive environment. Analyzes several circuit court decisions that provide a reasonable framework for courts to use in deciding least restrictive environment controversies. (MLF)

Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…

Discusses the 1975 Education for All Handicapped Children Act in light of constitutional problems associated with handicapped children who attend parochial schools receiving special education and related services. Reasons how and why present Supreme Court might decide in "Zobrest" case regarding a school district providing a sign…

This chapter traces the litigation in "Rowley," the first case concerning the Education for All Handicapped Children Act (1975) to be considered by the United States Supreme Court. The Court decided that a deaf child, Amy Rowley, was being provided with an educational opportunity that was substantially the same as her classmates';…

The Supreme Court's decision in "Honig v. Doe" indicates that a suspension of a dangerous handicapped student of up to 10 school days is valid. Decisions regarding the disciplining of handicapped students will have to be made on a case-by-case basis. Legal counsel should be sought. (MLF)

Discusses briefly and then presents the text of the U.S. Supreme Court's decision in "Board of Education v. Rowley." The Court held that, under the Education for All Handicapped Children Act, a school district is not required to provide interpreter services for a deaf student already making satisfactory educational progress. (RW)

Controversy developed among the federal circuits concerning whether or not Congress, when it passed the Education for All Handicapped Children Act, intended to abrogate the states' 11th Amendment immunity from a lawsuit in the federal courts. Discusses decisions favoring and against abrogation, and the Supreme Court's reasoning in ruling against…

Reviews 100 lower court decisions since the 1982 U.S. Supreme Court ruling that mandated access to education for handicapped students. Concludes that the courts have remained willing to support parents in obtaining services for their handicapped children. (FMW)

A New Hampshire school district denied a special education program to a severely handicapped and profoundly retarded child. The Court of Appeals ruled in favor of the child. Reviews the legal history of "Timothy W. et al. v. Rochester et al." Advises school districts of actions to take to avoid such cases. (30 references) (MLF)