The use of corporal punishment may be as old as society itself. However, the development of compulsory attendance laws has raised questions about its legality. Under compulsory attendance laws and subject to exceptions for home schooling and nonpublic schools, parents must send their children to public schools or be subject to sanctions. Conflicts…

The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…

In "Cedar Rapids Community School District v. Garrett F." (1999), the U.S. Supreme Court decided that continuous nursing constitutes a "related service" under the Individuals with Disabilities Education Act. The case involved a 16-year-old who has been paralyzed since early childhood. Cost per student could be $20,000 to…

To help educators understand their legal responsibilities when supervising students, this article reviews the elements of negligence (duty, breach, injury, and causation) an injured party must prove to hold an educator or school system legally accountable. The article also reviews basic defenses to negligence: immunity, comparative/contributory…

There has been little litigation since the Family Medical Leave Act's inception in 1993. This article highlights FMLA's scope of coverage, leave requirements, notice and verification, special rules for employees and local education agencies, employment and leave entitlements, and enforcement. Employers violating the FMLA may have to reinstate and…

Provides educators with current information on HIV/AIDS epidemiology, transmission, and prevention; the educational rights of HIV-infected children; neurodevelopmental sequelae in school-age infected children; relevant case law; results of empirically based studies on youngsters' HIV/AIDS-related knowledge, attitudes, and behaviors; and school…

With the "Davis v. Monroe County Board of Education" decision, a bitterly divided U.S. Supreme Court resolved the split between circuit courts over public school districts' liability for money damages under Title IX. Boards may be held liable when school officials are deliberately indifferent to on-campus student-to-student sexual…

School officials should adopt no-tolerance policies that require educators' discretion in punishing misbehaving students (based on due process and fundamental fairness), rather than relying on the zero-tolerance approach, which fails to differentiate among different levels of offenses. Even disruptive students deserve due process and appropriate…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)

This reference guide examines special education, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA), and their implications for educators in Catholic schools. Chapters 1 through 4 look at special education, Section 504, and IDEA from a legal perspective. A brief history of special education is…