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Direct linkYell, Mitchell L.; Katsiyannis, Antonis; Ryan, Joseph B.; McDuffie, Kimberly – Intervention in School and Clinic, 2008
The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…
Descriptors: Parent Rights, Civil Rights, Hearings, School Districts
Peer reviewedFlorian, 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
Dagley, David L. – West's Education Law Quarterly, 1994
The statutory language of the Handicapped Children"s Protection Act (HCPA) permits the court to award reasonable attorney's fees to the parents or guardians of a handicapped child who is the prevailing party. Examines the manner in which courts decide to award attorney's fees in litigation brought under the HCPA and to discern trends in these…
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Legal Responsibility
Council for Exceptional Children, Reston, VA. Dept. of Governmental Relations. – 1986
The paper provides, in question and answer format, a summary of P.L. 99-372, the Handicapped Children's Protection Act of 1986. The law authorizes reimbursement of attorneys' fees to parents who prevail in administrative proceedings or court hearings. Legislation was needed because of a 1984 Supreme Court ruling (Smith v. Robinson) that…
Descriptors: Civil Rights, Court Litigation, Disabilities, Elementary Secondary Education
Download full textGeneral Accounting Office, Washington, DC. Div. of Human Resources. – 1989
The document reports on a survey of state directors of special education to determine: (1) the number of special education administrative decisions issued by hearing officers from 1984 through 1988 in disputes between parents and education agencies, and (2) similar data for civil court actions. Among findings were: an increase of 29% in the number…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Due Process
