This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…

For this 17th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the Individuals with Disabilities Education Act's (IDEA) central obligation, free appropriate public education (FAPE). More specifically, the focus here is procedural and…

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…

Describes a Nebraska case where a signing bonus awarded to a new teacher was contested by the teachers' association. Provides a two-part legal reminder to school authorities. Does the state have a collective bargaining law that mandates bargaining in such situations? If so, negotiate the matter into a clearly provable agreement. (Author/MLF)

In September 2002, the children of parents Latasha Gibbs, Carmella Glass, Laverne Jones, Charlene Mingo, Deborah Powell-Jasper, Eunice Staton, and Keikola Valentine were attending New York City public schools that the state education department identified as needing improvement -- in other words, failing -- under the No Child Left Behind (NCLB)…

Examines a number of questions relating to the use of school facilities for meetings of student prayer groups. Answers those questions with reference to legislation and court decisions. (FL)

In its landmark decision in "Goss v. Lopez" (1975), the U.S. Supreme Court ruled that for a suspension of 10 days or fewer, public school officials must provide the student with at least the following minimum of procedural protection on the basis of the Fourteenth Amendment's due process clause: oral (or written) notice of the charges…

Focuses on the modern case-law intersection between state legislation for school districts that applies to reduction-in-force (RIF) and other state legislation that applies to collective bargaining. One conclusion is that the implementation of RIF is more likely to be negotiable and arbitrable than the reasons for RIF. (96 footnotes) (MLF)

Summarizes Scott Ferrin's argument in the January 1999 issue of this journal (EJ 583 598) that "English only" policies violate the language rights of Native American Students. Introduces the rebuttal by Jim Littlejohn in the following article (EA 537 750). (Contains 17 footnotes.) (MLF)