This article provides a systematic synthesis of the agency and court rulings that apply Section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act to interscholastic athletics. The resulting framework also offers insight into how these federal statutes may pertain to…

This paper concerns the legal aspects of teacher evaluation and how it remains largely a matter of state control. It discusses federal overlays and state law and then summarizes case law relating to teacher evaluation. The paper concludes that while teacher evaluation is basically a state matter, the overlay of federally protected rights and the…

Examination of 216 court decisions from 1977 to 1981 and a survey of 97 higher education officials from the Southeast showed that little growth had occurred in faculty employment cases and that administrators have a generally inaccurate perception of these judicial developments. Copies of the survey questionnaires are appended. (RW)

A hypothetical case of denial of tenure by a public institution to a faculty member with persistent personality conflicts with colleagues is the context for a discussion of related legal issues and the results of previous court litigation. (MSE)

The "Legal Audit Instrument for Public School Curriculum" described in this paper is intended for those making decisions in curricular matters. The instrument has been derived from court decisions that are based on the Federal Constitution, legislation, and regulations. Corresponding cases and provisions within each state will require…

Reviews present and proposed states of the copyright law in the field of higher education addressing questions of what is covered, who should be compensated, and how they could be compensated. Concludes there is broader protection for educational materials but narrower leeway for educational users than is commonly realized. (JT)

This study provided a quantitative analysis of a random sample of 167 National Disability Law Reporter-published letters of findings by the U.S. Department of Education's Office for Civil Rights in response to higher education student complaints under Section 504 and the Americans with Disabilities Act. Inasmuch as each letter of findings…

Detailed explanations of the legal issues involved in teacher evaluation are discussed in this concise handbook. The basis for discussion is a self-assessment designed for response by the reader. The answers to the self-assessment instrument and explanations of them are discussed under 13 headings: (1) The Use of Test Scores; (2) Negotiability and…

The widespread use of testing to make critical individual decisions concerning education or employment opportunities, coupled with growing vigilance by the handicapped community, may mean increased legal scrutiny regarding this type of testing. The measurement community is also aware of difficult, perhaps unresolvable psychometric problems…

Compared to students from affluent public and prep schools, few inner-city students receive extra time or other accommodations when taking high-stakes tests. The growth in "false positives" among affluent youth may partly stem from nonspecific definitions under the Individuals with Disabilities Education Act. Fairness is being…