The professional literature is largely lacking with regard to current information about state systems for complaint procedures (CP) as compared with the much more common knowledge of the due process hearing mechanism of the Individuals with Disabilities Education Act (IDEA). This article begins with an overview of the professional literature,…

Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…

Depending on their experience, local special education directors may be familiar with the complaint procedures (CP) avenue that the IDEA requires each state education agency (SEA) to provide. Yet most special education professors and many parents of students with disabilities have negligible knowledge about this avenue of decisional dispute…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

Since the mid-1970s, with the passage of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act ("Sec. 504"), special education became highly legalized. Although it is universally agreed that the best way to avoid and resolve disputes is through informal communication and cooperation between…

The judicial trend is against according broad First Amendment protection for teacher grievants. Administrators who do not support legitimate labor activity, however, may experience teacher retaliation. (CJH)

Eighteen suggestions for reducing or even preventing grievance arbitration costs are detailed under negotiating the contract, administering the contract, and preparing for arbitration categories. (KS)

Higher education collective bargaining cases reviewed in this chapter follow the basic sequence of steps in the negotiation process, from issues of the rights of organization and negotiation through scope of bargaining, bargaining conduct, and union security to the ultimate problems of strikes and contract enforcement. Within this common outline,…

An increasing amount of case law dealing with collective bargaining in education was evident in 1987. The more than 100 cases cited indicate that educational employers and their unionized employees are increasingly resorting to the courts rather than resolving issues at the negotiation or arbitration table. However, there were no United States…