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Flygare, Thomas J. – Phi Delta Kappan, 1978
Descriptors: Discipline, Due Process, Hearings, Higher Education
Maldonado, Bernabe Q. – La Luz, 1978
The article discusses the deportation proceedings and the roles of the Immigration Judge and the Trial Attorney. (NQ)
Descriptors: Civil Liberties, Court Litigation, Due Process, Grievance Procedures

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

Luckasson, Ruth A. – Exceptional Children, 1986
The Supreme Court in Smith v. Robinson indicated restrictions on ability of students and families to recover legal expenses incurred in pursuing due process rights. Reliance of parents private enforcement and difficulties inherent in pursuing administrative and legal remedies without legal training suggest that Congress intended that reimbursement…
Descriptors: Costs, Court Litigation, Disabilities, Due Process
Bailey, F. Lee – Law in American Society, 1973
Evidence indicates a tremendous void in the understanding of law by the average citizen. Participation by lawyers in the educational process is suggested to begin the task of introducing law into the classroom. (Author/KM)
Descriptors: Citizenship Responsibility, Due Process, Educational Problems, Law Schools

Florian, Lani D.; West, Jane – Teaching Exceptional Children, 1989
This article describes Public Law 99-372, The Handicapped Children's Protection Act of 1986, which authorizes courts to award attorneys' fees to parents of children with handicaps who prevail in actions brought under Public Law 94-142. The article discusses Congressional intent, the law's provisions, and its impact on special education…
Descriptors: Court Litigation, Disabilities, Due Process, Elementary Secondary Education

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

Confer, Rodney M. – Nebraska Law Review, 1980
It is found that in cases of ethical violation by corporate attorneys and subsequent dismissal, it does not appear that the proposal to provide attorneys with a limited form of tenure would contribute to the integrity of the legal system. Available from University of Nebraska, Lincoln, NE 68583; $3.75. (MSE)
Descriptors: Dismissal (Personnel), Due Process, Employee Responsibility, Employer Employee Relationship
Congress of the U.S., Washington, DC. House Committee on Education and Labor. – 1985
The proceedings of a 1985 House of Representatives hearing to amend Section 615 of the Education of the Handicapped Act are presented. The hearing focused on questions of paying for attorneys fees in special education due process decisions. Statements are presented by representatives of policy makers, parents, and professional associations…
Descriptors: Costs, Court Litigation, Disabilities, Due Process
Bittle, Edgar H. – 1980
Attorneys are ethically bound to serve the interests of their clients. When a school board's attorney serves as advisor to the board during a hearing in which the administration or the board itself is a party in the dispute, an important question is raised: Does the attorney's participation violate ethics or due process? This article discusses…
Descriptors: Boards of Education, Codes of Ethics, Court Litigation, Due Process
Fineman, Carol A. – 1983
Guidelines are presented for school psychologists in order to make their testimony at special education due process hearings as effective as possible. Recommendations are offered to prepare the school psychologist to: (1) accept the role of expert witness; (2) organize and review case materials; (3) state relevant rules, procedures, and criteria;…
Descriptors: Due Process, Elementary Secondary Education, Guidelines, Hearings
The Role of the Elderly Defendant in the Criminal Court: Full Dress Adversary or Reluctant Penitant?
Feinberg, Gary – 1985
Approximately 200,000 persons aged 60 and older are arrested annually in the United States and over 50,000 of these persons are formally accused of a crime each year. An exploratory study was conducted to probe the adversarial posture of elderly misdemeanant defendants. An analysis of 4,976 cases drawn from the official dockets of the Dade County…
Descriptors: Advocacy, Age Discrimination, Court Litigation, Criminals
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
Scherer, Joseph, Ed.; Stimson, Jim – School Administrator, 1985
The Supreme Court denied fees for administrative hearings as well as court proceedings for parents of a disabled child who prevailed in court against a school district. Bills introduced in the present Congress by Senator Lowell Weicker (S.415) and Representative Pat Williams (H.R.1523) address the issue. (MLF)
Descriptors: Court Litigation, Disabilities, Due Process, Elementary Secondary Education
Nolte, M. Chester – American School Board Journal, 1974
The late 1960's have seen teachers and students gain rights in school that they had not had before. No longer can the administrator and the school board act as their own lawyer. (Author/WM)
Descriptors: Boards of Education, Civil Rights, Court Litigation, Due Process