Two landmark court cases have upheld the constitutional right of handicapped children to a publicly supported educational program, and to various procedural safeguards to insure fair implementation of that right. Neither case deals directly with the right to an "adequate" education. Presents arguments lawyers could present in raising this adequacy…

Truth in testing laws are subject to challenge on the grounds that they invade federally protected rights and interests of the test-makers through the due process clauses of the Constitution and federal copyright protections. (Author/MLF)

Seeking to inform hearing officers in Oregon of due process procedures in cases involving handicapped students, this handbook describes the rights and obligations of parents and school districts, the legal basis for such hearings, and the steps involved in the conduct of hearings. The handbook affirms the rights of parents to inspect and copy…

In "Fumarolo v. Chicago Board of Education," the Illinois Supreme Court invalidated the Chicago School Reform Act because it violated the one-person, one-vote principle when several school administrators were summarily deprived of tenure by parent-dominated school councils. However, due process concerns for the deposed administrators…

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

Investigates the viability of State action theories and analyzes the distinction between the public and private sectors of higher education by investigating the case law on the State action doctrine as applied to private higher education. (Author)

A major legal development in the 1970s has been the extension of the principle of egalitarianism to the developmentally disabled, particularly the mentally retarded. The principle that all persons, however unequal they may be in terms of their development, should be treated equally in the sense of being granted equal opportunities has been…

This examination of the trends in education of the handicapped may seem to indicate that education of the handicapped is now ensured and certain to be appropriate. However, even Public Law 94-142 has inadequacies. It is likely that further legislation and litigation are on the horizon. (Author/IRT)

Outlines the Court's reasoning in "Norwick," in which it held that aliens can be excluded from teaching positions, and suggests a model for "governmental function exception" of aliens. Available from University of Connecticut School of Law, 1800 Asylum Avenue, West Hartford, CT 06117. (Author/IRT)

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

Employment rights of the handicapped are examined in this collection of symposium papers. Addressed are: procedural aspects of plaintiff litigation, job relatedness and bona fide occupational qualification doctrines, plaintiff's private right of action, arbitration, insurance, state fair employment legislation, and federal and constitutional…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth…

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

This guide provides a survey of those laws that directly affect the child with attention deficit disorder (ADD), with or without hyperactivity. The guide addresses three general classes of rights: (1) civil rights (for example, the right to equal treatment and opportunity under the law); (2) the right to society's support in educational services…