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Perry, Sheila; Clarke, Marie – European Journal of Special Needs Education, 2015
This article outlines parents' struggle to secure adequate educational resources for their child(ren) with special educational needs within the Irish State system. The authors challenge the view that legislation facilitates practical advances that are meaningful to individual families. This small-scale exploratory study reports the findings from…
Descriptors: Foreign Countries, Special Education, Legal Problems, Lawyers
Congress of the U.S., Washington, DC. Senate Committee on Labor and Human Resources. – 1985
The document records testimony presented at a hearing on the Handicapped Children's Protection Act of 1985, which gives federal judges discretion to award to prevailing parents reasonable attorneys' fees associated with bringing their case to court. Prepared statements are presented from officials representing the American Association on Mental…
Descriptors: Costs, Courts, Disabilities, Federal Legislation
Dietrich, Curtis R. – American School Board Journal, 1988
Under the new Handicapped Children's Protection Act (1986), school systems could now be liable for present and past attorney fees associated with successful special education claims resolved in court or at the administrative level. Districts should weigh the cost of agreeing early against those of losing later. (MLH)
Descriptors: Disabilities, Elementary Secondary Education, Fees, Lawyers

Cohen, Henry; Jones, Nancy Lee – Journal of Law and Education, 1988
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)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts

Kearns, Karen R.; Zirkel, Perry A. – West's Education Law Reporter, 1988
Traces the interplay among three federal statutes that serve as legal bases in special education suits with attention to two interrelated issues: (1) whether attorneys' fees are available; and (2) whether the Education for All Handicapped Children Act is the exclusive avenue. (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Fees

McCarthy, Martha M. – Journal of Education Finance, 1985
Traces the legal arguments and decisions in "Smith vs. Robinson," which resulted in a U.S. Supreme Court decision disallowing the award of attorney's fees to successful plaintiffs claiming rights under the Education for All Handicapped Children Act. Notes implications of and reactions to the Supreme Court decision. (PGD)
Descriptors: Compensation (Remuneration), Court Litigation, Disabilities, Due Process

Osborne, Allan G., Jr.; DiMattia, Philip – West's Education Law Reporter, 1991
The Handicapped Children's Protection Act allows the courts to provide an award of reasonable attorney fees to prevailing parents or guardians in any action or proceeding brought under the Education for All Handicapped Children Act. Discusses issues litigated in attorney fee reimbursement cases. (60 references) (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Legislation, Hearings
Fisher, M. Byron – 1980
Several factors should be considered by attorneys representing school boards faced with the need for administrative hearings concerning the education of a handicapped child. Attorneys should try first to resolve the problem without resort to the formality of a hearing. If a hearing is necessary, the issues should be determined; a hearing examiner…
Descriptors: Board of Education Role, Disabilities, Due Process, Elementary Secondary Education
Autrey, Pam, Ed. – 1981
This report on a preventive law institute held in Texas in 1981 includes an introduction, three papers, a summary of discussions, and a concluding statement. In the introduction Christiane Hyde Citron defines preventive law as decision making that takes constitutional and case law into consideration and that includes four basic steps: (1)…
Descriptors: Accountability, Compliance (Legal), Constitutional Law, Court Litigation
Malakoff, Eve H., Ed. – 1981
Eight papers originally presented during the 1981 annual meeting of the National School Boards Association's Council of School Attorneys are collected in this publication. The topics, of interest particularly to school attorneys, include text and library book selection and the First Amendment; the courts' criteria for awarding attorney fees…
Descriptors: Bilingual Education, Boards of Education, Civil Rights, Court Litigation
Osborne, Allan G., Jr. – 1991
Litigation of handicapped students' and employees' rights continued at a significant level in 1990. Much of the litigation concerned the provision of an appropriate special education placement, due process rights, and recovery of attorney fees by prevailing parents under the Handicapped Children's Protection Act of 1986. Cases are summarized under…
Descriptors: Acquired Immune Deficiency Syndrome, Ancillary School Services, Compliance (Legal), Court Litigation
National School Boards Association, Washington, DC. – 1980
Intended for school district attorneys, administrators, and others responsible for regulation enforcement, the seven articles in this publication concern federal civil rights legislation affecting schools. The substance of the regulations and the procedures employed by regulatory agencies (particularly the Office for Civil Rights) are examined and…
Descriptors: Administrator Role, Civil Rights, Compliance (Legal), Court Litigation