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…

Examines the legal context of home schooling. Briefly explains why parents educate their children at home, reviews the history of the phenomenon; considers compulsory attendance laws, and analyzes the legal status of home schooling in the United States. (10 references) (LMI)

Provides a brief background on the development of the concept of right-to-work statutes in the private sector under the National Labor Relations Act; reviews right-to-work statutes in public education and examines the status of fair-share agreements. (Contains 23 references.) (Author/PKP)

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…

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…

Although at least four states have developed and validated instruments to assess principals' performance, most states, including Kentucky, rely on outdated criteria and continue to use inappropriate technical procedures in developing appraisal instruments. There is need to evaluate the principal as an individual on processes and as a team member…

Recent crime control laws have negatively impacted children of color, imposing a form of social control. Increased laws and punishments have not deterred juvenile delinquents but rather increased the number of criminals. Recommends teaching children about the justice system through education on the Constitution, thus encouraging them to obey the…

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

The Individuals with Disabilities Education Act requires school districts to offer each student with disabilities a free and appropriate education (FAPE) in the least restricted environment. Circuit courts are split over FAPE damages. This article discusses cases where FAPE damages under IDEA have been denied and where they have been awarded. (MLH)

Historically, it was more convenient to remove the disabled from the social mainstream than to integrate them in schools or provide jobs or training. This article traces progress made by case law and federal legislation, including the 1975 Education for All Handicapped Children Act, 1973 Rehabilitation Act (Section 504), and 1990 Individuals with…

The 1990 Kentucky Education Reform Act catapulted a "backwater" state to leadership prominence in structural reform. Grounded on school-readiness and community-involvement precepts, KERA links schools and social service agencies and provides family resource/youth services centers to coordinate social service delivery for preschool…

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…

When dealing with the issues of quality control and the rights of parents to direct the upbringing of their school-aged children, one of the key factors that affects parental rights is compulsory attendance laws. Put another way, insofar as parents must educate their children, whether in regular public or nonpublic schools or by homeschooling…

Less than half the nation's gifted students are placed in appropriate educational settings. The Javits Gifted and Talented Students Act acknowledges the need for special programs for these children, but doesn't mandate their creation. The legal status of programs for the gifted contrasts sharply with those for children in special education. This…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…