Before the passage of the Education for All Handicapped Children Act in 1975, only one child with disabilities in five attended a public school, according to the U.S. Department of Education. Many states' policies explicitly excluded children with certain types of disabilities from their traditional schools, including children who were blind,…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

The passage of Public Law 94-142 (the Education of All Handicapped Children Act) in 1975 established the rights of children with disabilities to a public school education in the least restrictive environment. Fifteen years later, it was amended and renamed the Individuals with Disabilities Education Act (IDEA) (PL 101-476, 1990), still intended to…

Examination of four recent special education court cases suggests that the courts favored the simple lines of reasoning over the complex. (MLF)

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)

Reviews special education court cases regarding support services, student placement, limit on number of designated school days, disciplinary procedures, minimum competency testing, and educational malpractice. (JM)

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)

Explores the residential placement provision of the regulations accompanying the Education for All Handicapped Children Act. Describes federal court interpretations, analyzing the criteria for distinguishing a special education residential placement from a noneducational residential placement. Suggests that courts should construe the residential…

Reviews the Supreme Court's decision in "Rowley v. Hendrick Hudson School District" and its test to determine provision of a free appropriate public education. Examines court decisions since "Rowley" on whether the primary focus was whether the student was receiving a beneficial education or on procedural matters. (MLF)

Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…

Public Law 94-142, the Education for All Handicapped Children Act, defines "handicapped children," specifies the criteria that must be met before children are eligible for special education, and identifies the "related services" that handicapped children may be eligible to receive. Section 504 of the Rehabilitation Act…

This article, the fifteenth chapter of a book on school law, presents a sketch of education cases for which a hearing has been granted by the Supreme Court or for which petitions are pending. Hearings have been granted to education cases in five areas: church-state relationships, Title IX, book censorship, busing, and P.L. 94-142. Regarding…

School districts are required to provide special education and related services to handicapped students enrolled in private schools. Generally, a school district can provide these services offsite but must provide transportation between sites. (MLF)

The first of two articles considers the theoretical issues in special education litigation raised by overlapping federal statutes: civil rights legislation; Education for All Handicapped Children Act; and Section 504 of the Rehabilitation Act of 1973. (MLF)

Developments over the past 25 years in school-related legal issues in elementary schools have significantly changed the principal's role. In 1975, a decision of the U.S. Supreme Court established three due-process guidelines for short-term suspension. The decision requires student notification of charges, explanation of evidence, and an informal…