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)

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…

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…

This book presents an analysis of and guide to Section 504 of the Rehabilitation Act of 1973. Part I considers the evolution of compliance standards under Section 504 with chapters on civil rights compliance standards, nondiscrimination versus affirmative action, and the recipient's obligation. Part II provides an overview of Section 504 covering:…

This document is a collection of 32 1998 Education Law Association conference papers. The collection includes the following papers: "The More We Change: Meeting the Requirements of Unitary Status" (Angela M. Sewall and Ann E. Witcher); "Everything You Need To Know about Discipline of Students with Disabilities" (David T. Duff,…

Recent employment law reforms in England precipitated a telephone survey of a stratified random sample of 5,120 employed people (1,000 respondents) that was intended to find their levels of awareness and knowledge of employment rights and their exercise of those rights. Survey results included the following: (1) nearly 70% of those questioned…