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"Horowitz": A Defense Point of View.
Peer reviewed Peer reviewed
Marx, Charles A. – Journal of Law and Education, 1984
Discusses United States Supreme Court decisions concerning due process in academic and disciplinary student dismissals. Provides university administrators 10 guidelines for use in defending against legal challenges. (MD)
Descriptors: Court Litigation, Due Process, Hearings, Higher Education
"Mayson v. Teague": The Dilemma of Selecting Hearing Officers.
Peer reviewed Peer reviewed
Sacken, Donal M. – Journal of Law and Education, 1987
In an Alabama court decision ("Mason v. Teague") the standards for choosing hearing officers are interpreted in a manner that restricts the availability of due process hearing officers in special education disputes involving handicapped students and the administration of the All Handicapped Children Act of 1975. (MD)
Descriptors: Childrens Rights, Court Litigation, Disabilities, Due Process
Special Education Mediations: Responding to a Proposal for Reform.
Peer reviewed Peer reviewed
Goldberg, Steven S. – Journal of Law and Education, 2001
Responds to Jonathan Beyer's proposal in the January 1999 issue of this Journal (EJ583600) that traditional mediation would be useful for resolving special education disputes by formalizing the way that mediators are trained. Relying on empirical research, warns that Beyer's proposals for further quality controls and consequent formalization may…
Descriptors: Certification, Conflict Resolution, Due Process, Elementary Secondary Education
A Modest Proposal: Mediating IDEA Disputes Without Splitting the Baby.
Peer reviewed Peer reviewed
Beyer, Jonathan A. – Journal of Law and Education, 1999
Recognizes the benefits of mediation for easing special education conflicts, but addresses the inconsistencies and ambiguities created by the 1997 amendments to the Individuals with Disabilities Education Act (IDEA). Recommends that state and local education agencies use mediators certified in sophisticated mediation techniques, schooled in…
Descriptors: Arbitration, Conflict Resolution, Cost Effectiveness, Due Process
The Failure of Legalization in Education: Alternative Dispute Resolution and the Education for All Handicapped Children Act of 1975.
Peer reviewed Peer reviewed
Goldberg, Steven S. – Journal of Law and Education, 1989
A federal statute provided that parents may use the judicial process to challenge educators' decisions. Describes the intent of legalization; how reaction to an adversarial system led to the use of mediation in most states; and why this alternative model is not appropriate for resolving education questions. (MLF)
Descriptors: Court Litigation, Disabilities, Due Process, Elementary Secondary Education
Involuntary Lateral Disciplinary Transfers--Are Schools Circumventing Procedural Due Process?
Peer reviewed Peer reviewed
Hoffman, Scott L. – Journal of Law and Education, 1982
Discusses whether notice and a hearing are required when a student is transferred, for disciplinary reasons, from a New York vocational school to another school. Proposes amending the law to expressly require the same due process protection for disciplinary lateral transfers as is required for student suspensions. (Author/MLF)
Descriptors: Court Litigation, Discipline Policy, Due Process, Elementary Secondary Education
Renewable Tenure.
Peer reviewed Peer reviewed
Conrad, Robert B.; Trosch, Louis A. – Journal of Law and Education, 1998
Examines definition and history of tenure. Reviews reasons offered as justification for revoking tenure: universities are expensive to operate and growth of faculty must be contained; faculty remain in profession beyond time they should retire, and as they age, become less productive; tenure protects nonproductive individuals; and composition of…
Descriptors: Academic Freedom, Aging in Academia, College Faculty, Cost Effectiveness