The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…

The Religious Freedom Restoration Act purports to overrule the Supreme Court's decision in "Employment Division v. Smith." Discusses "Smith" and its rejection of the strict scrutiny test in challenges to facially neutral government actions that burden the exercise of religion. Analyzes the possible general effects of the act…

Unitary status in school desegregation occurs when the federal district court dissolves all injunctions and releases the school district from further court supervision. Reviews several lower court decisions of the late l980s and the recent Supreme Court's decisions in "Dowell" and "Pitts." (MLF)

An annotated outline provides recent case law in special education since the last update in this series. (MLF)

The Americans with Disabilities Act has addressed shortcomings in public education's treatment of the disabled by essentially codifying judicial interpretations of Section 504 of the Federal Rehabilitation Act that have evolved since its passage and extending the context of applicability. (42 references) (MLF)

Because of federal legislation and entitlement programs, increasing numbers of medically fragile and/or technologically assisted children attend public schools. Addresses the legal obligations of schools to provide the technology and the impact of assistive technology on current special education programming. (MLF)

During its 1993 session, the Michigan legislature enacted two statutes for the organization and operation of public school academies, Michigan's name for charter schools. A circuit court judge declared the charter schools were unconstitutional. In response, the legislature amended its original enactment. Traces the short but curious history of…

The definition of "disability" under Section 504 of the Rehabilitation Act is broader than that under the Individuals with Disabilities Education Act. For those students who are eligible only under the broader coverage of Section 504, the question arises of the applicable substantive standard for free appropriate public education (FAPE).…

Analysis of Utah's four major pieces of legislation related to educator evaluation illustrates some of the evaluation complications that can occur when the legislation lacks clarity, simplicity, and compatibility with regard to purposes of evaluation. (MLF)

An annotated outline provides recent case law in special education. (MLF)

Provides a brief history of the Supreme Court's pivotal decisions on public school desegregation. Reviews the Court's decisions in "Board of Education v. Dowell" and "Freeman v. Pitts." Provides an analysis of "Freeman" and its effect on public school desegregation law. (68 footnotes) (MLF)

Federal legislation to aid students with Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder may be interpreted to cover students who are significantly disruptive. The first alternative for such students is Serious Emotional Disturbance. The overlapping alternative impairment is Conduct Disorder. Finally, the third and…

Addresses how plaintiffs in disability cases can obtain attorneys' fees for their litigation efforts. Parents are not expected to have to bear expenses such as attorneys' fees to obtain the free appropriate education for a child with disabilities. (50 footnotes) (MLF)

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

In "United States v.Lopez," a highly fractured United States Supreme Court, in a five-to-four ruling that generated six different opinions, affirmed that Congress had exceeded its authority in adopting the Gun-Free School Zones Act. Provides an in-depth examination of the Court's ruling and concludes with an analysis of the legal issues…