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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

Wood, R. Craig; Carros, Dawn – Planning and Changing, 1988
Investigates due process hearing officer decisions in issues (under the Education for All Handicapped Children Act) that could result in increased local education agency (LEA) expenditures in Indiana. Parents prevailed in 64 percent of the cases, indicating no hearing officer bias against increased LEA expenditures for required additional…
Descriptors: Bias, Childrens Rights, Disabilities, Due Process
Co-Ordinating Council for Handicapped Children, Chicago, IL. – 1987
This single-sheet eight panel brochure provides guidelines for parents on effective participation in meetings with school personnel to discuss their child's individualized education program (IEP). Included are an explanation of what the IEP contains; the settings in which it can be implemented; the non-academic, extracurricular, and supportive…
Descriptors: Disabilities, Due Process, Elementary Secondary Education, Individualized Education Programs

Klicka, Christopher J.; Phillips, Douglas W. – Educational Leadership, 1997
Widespread "family abuse" by the child protective services industry and feelings of parental "disenfranchisement" have spawned the Parental Rights Movement and associated legislation. Legislation often focuses on formal recognition that parental rights are fundamental and should be protected from government interference;…
Descriptors: Child Welfare, Constitutional Law, Due Process, Elementary Secondary Education
Gaffney, Patrick V. – 1997
Preservice teachers' beliefs about scholastic physical punishment are explored with regard to four issues: (1) administration of such punishment in schools; (2) providing students with procedural due process prior to the use of such punishment; (3) permitting the administration of such punishment only upon securing parental or guardian permission;…
Descriptors: Corporal Punishment, Discipline, Discipline Policy, Due Process
Dowling-Sendor, Benjamin – American School Board Journal, 2003
In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)
Descriptors: Board of Education Policy, Constitutional Law, Due Process, Enrollment

Swann, Will – British Journal of Special Education, 1989
An educator criticizes the appeals process provided for in the 1981 British Education Act for parents of children with special educational needs. Noted are discriminatory features of the provision, a common lack of independence by the hearing committee, and the limited authority of the Independent Panel of Special Education Experts. (DB)
Descriptors: Child Advocacy, Decision Making, Disabilities, Disability Discrimination

Newcomer, James R.; Zirkel, Perry A. – Exceptional Children, 1999
A review of special-education court cases found that, while school district wins exceeded parent wins in due process hearings and appeals, the margin narrowed through litigation. The most predominant issue in dispute was placement in terms of parents seeking more restrictive settings. The Supreme Court's language in Board of Education v. Rowley…
Descriptors: Conflict Resolution, Court Litigation, Disabilities, Due Process
Special Educational Needs Tribunal (England). – 1995
The appeal process to the Special Educational Needs Tribunal in the United Kingdom is explained for parents who disagree with decisions of Local Education Authorities (LEAs) about a child's special educational needs. Conditions under which an appeal can be made to the Tribunal are identified, as are issues not appropriate for the Tribunal. The…
Descriptors: Disabilities, Due Process, Educational Policy, Elementary Secondary Education
Schimmel, David; Fisher, Louis – 1987
This book explores parents' legal rights concerning their children's elementary and secondary education. Besides certain constitutional rights (including parents' right to direct their children's education), parents and students have been granted various rights under state and federal statutes. This book aims to demystify the law and provide…
Descriptors: Due Process, Elementary Secondary Education, Parent Rights, Parent School Relationship

Boscardin, Mary Lynn – Journal of Education Finance, 1987
While the due process provisions within PL 94-142 are designed to protect the rights of handicapped children and their parents regardless of costs, this study suggests that Congress' original intentions are not being realized. Findings disclosed enormous cost differences (especially person hour costs) among due process hearings. Includes two…
Descriptors: Disabilities, Due Process, Educational Equity (Finance), Educational Finance
North Carolina State Dept. of Public Instruction, Raleigh. Div. of Exceptional Children's Services. – 2000
This handbook is intended to inform parents of children with disabilities with information about parent rights, the rights of the child, and the responsibilities of the local education agency (LEA) toward meeting the special needs of the child. Individual sections address the following topics: special education laws and children with disabilities,…
Descriptors: Compliance (Legal), Disabilities, Due Process, Elementary Secondary Education
Robison, Anne Q.; Robison, Gregory A. – Exceptional Parent, 1991
Two parents recount experiences in keeping their severely physically disabled daughter in regular classes within their neighborhood school against the stated policy and pressures of the school system. Stressed is the value of group action by parents and the power of individuals speaking up. (DB)
Descriptors: Advocacy, Due Process, Elementary Secondary Education, Mainstreaming
Opuda, Michael J. – 1992
This presentation outlines the complaint investigation process developed by the Maine Department of Education to ensure a timely response to complaints concerning special education services, and to provide third party mediation and arbitration as needed. Complaint procedures required under federal regulations are outlined. Strengths and weaknesses…
Descriptors: Arbitration, Board of Education Policy, Disabilities, Due Process
Rogers, Rick – 1986
The report analyzes a 1985 survey of the adequacy of materials sent by British local education authorities (LEAs) in compliance with a 1981 law requiring that authorities provide parents of children with special educational needs information concerning arrangements and policies for identification and assessment, the placement process, and appeal…
Descriptors: Boards of Education, Compliance (Legal), Disabilities, Due Process