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Mawdsley, Ralph D.; Cumming, J. Joy – Education and the Law, 2008
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…
Descriptors: Negligence, Schools, State Courts, Foreign Countries
Maydosz, Ann S. – ProQuest LLC, 2009
Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress…
Descriptors: Disabilities, Student Rights, Secondary Schools, Civil Rights
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Wegner, Judith Welch – Journal of Law and Education, 1988
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…
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Equal Education
Wolohan, John T. – West's Education Law Quarterly, 1996
Addresses the area of dispute over students who were forced to repeat a grade or two due to their disability, and now wish to participate in high school athletics after reaching the state athletic associations's age limit. Reviews federal statutes as they apply to high school athletic associations. Examines two recent decisions. (79 footnotes)…
Descriptors: Age Groups, Court Litigation, Disabilities, Extramural Athletics
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Sorenson, Gail Paulus – West's Education Law Reporter, 1990
Discusses the major federal laws relevant to education of the handicapped and how they apply in a given discipline situation. Summarizes issues that past court decisions have clarified such as suspensions, change of placement, and termination of educational services pursuant to a long-term suspension or expulsion. Mentions important emerging…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Discipline
Walker, Christopher J. – Online Submission, 2006
In light of the Supreme Court's decision this Term in "Schaffer v. Weast," this Note analyzes the current state of special education law and argues that parents, attorneys, and advocates should look beyond the Individuals with Disabilities Education Act (IDEA) to Section 504 in the post-"Schaffer" public school. This Note shows…
Descriptors: Disabilities, Special Education, Special Schools, State Schools
Johnson, T. Page – A Legal Memorandum, 1982
By deciding some cases and refusing others, the United States Supreme Court has begun to provide answers to some of the legal questions concerning the interpretation of two federal statutes: Section 504 of the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975 (Public Law 94-142). The first of these statutes…
Descriptors: Access to Education, Court Litigation, Court Role, Disabilities
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Strope, John L., Jr. – West's Education Law Reporter, 1988
Discusses the application of Section 504 of the Rehabilitation Act of 1973 as a legal theory available to an employee of a public school system who faces isolation, transfer, suspension, or termination because of Acquired Immune Deficiency Syndrome (AIDS). Addresses AIDS in the workplace and the law. (MLF)
Descriptors: Acquired Immune Deficiency Syndrome, Court Litigation, Disabilities, Due Process
Fields, Cheryl M. – Chronicle of Higher Education, 1987
The Supreme Court has ruled that Section 504 of the Rehabilitation Act of 1973, which protects disabled people from discrimination, covers persons with contagious diseases. This decision is seen as strengthening the rights of people suffering from AIDS as well as other diseases. (MSE)
Descriptors: College Faculty, College Students, Communicable Diseases, Court Litigation
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Beezer, Bruce – West's Education Law Reporter, 1991
Focuses on the operational meanings of the following terms--"handicapped individual,""otherwise qualified,""reasonable accommodation," and "essential functions of the job"--as developed primarily in federal court decisions concerned with employment issues associated with handicapped persons in public…
Descriptors: Court Litigation, Definitions, Disabilities, Disability Discrimination
1980
The motion of the American Council of Education (ACE) and the National Institute of Independent Colleges and Universities (NIICU) to reverse the Fifth Circuit Court of Appeals decision in The University of Texas vs. Walter Camenisch is presented. The decision had ordered the university to provide free interpreter services to Camenisch, a deaf…
Descriptors: Constitutional Law, Court Litigation, Deafness, Educational Legislation
California State and Consumer Services Agency, Sacramento. Office of Statewide Compliance Coordination. – 1981
This index is divided into two sections: an Index on Federal Regulations and an Abstracts section of Court Cases and Administrative Decisions. Section 1 provides a topic index and comparison of contents and coverage of 16 federal departments with regulations established as of August 1981. Presented in tabular form, this index shows major topics…
Descriptors: Accessibility (for Disabled), Adult Education, Affirmative Action, Compliance (Legal)
Camp, William E., Ed.; Connelly, Mary Jane, Ed.; Lane, Kenneth E., Ed.; Mead, Julie F., Ed. – 2000
This handbook for elementary and secondary school principals contains several chapters on topics important to building level administrators. Each chapter summarizes relevant state and federal court decisions and statutes, concluding with recommendations for practice. The handbook is divided into four sections: students and the law, special…
Descriptors: Affirmative Action, Child Abuse, Constitutional Law, Court Litigation
Malakoff, Eve H., Ed. – 1981
While the Education for All Handicapped Children Act of 1975 (Public Law 94-142) and Section 504 of the Rehabilitation Act of 1973 first established the basic framework for determining the rights of handicapped students, both the courts and Congress are continually interpreting and changing the standards. The eight papers included in this…
Descriptors: Ancillary School Services, Compliance (Legal), Court Litigation, Disabilities
Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed. – 2001
This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…
Descriptors: Board of Education Policy, Charter Schools, Constitutional Law, Contracts