Discusses the case of an 8-year-old boy with Attention Deficit Hyperactivity Disorder, problem behavior, and good grades, who was denied eligibility for special education under IDEA's "other health impaired" clause and Section 504. The court "ducked" on the parent's second claim concerning level of services available under…

Examines the status of home instruction relative to judicial interpretations of the U.S. Constitution and individual state statutes. Summarizes and classifies case law as a means of updating judicial action. Notes that the debate about home instruction has moved from the realm of the U.S. Constitution to that of state legislation. (KO)

Thanks to recent court interpretations of the Individuals with Disabilities Education Act, parents of handicapped students (under 21) may request not only a different placement, provision of related services, or tuition reimbursement, but also compensatory or remedial education services as a form of relief for alleged district violations. (51…

Adam Coolidge lives with his parents in the Riverdale Local School District, which is in rural northwestern Ohio. In spring 1996, prior to enrolling Adam in kindergarten, his parents met with district representatives to discuss moving him from an early intervention program under the Individuals with Disabilities Education Act (IDEA). His…

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…

This document is a discussion draft intended to lead to the formulation of a set of guidelines by the state board of education concerning three areas of teacher negotiations: scope, good faith bargaining, and prohibited practices. It has been prepared in the form of an organized data base that focuses on summarizing the present state of the law…

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)

Liability in cases involving students injured off school property generally hinges on whether districts fail to exercise due care in supervising students while on school premises. Typical activities that may occasion liability for negligence and possible defenses are listed. (MJL)

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)

Discusses 10th Circuit Court decision upholding constitutionality of Oklahoma school district's policy that prohibited, with certain exceptions, part-time school enrollment, thus denying home-schooled student from taking certain specialized courses. (PKP)

In this era of educational choice, school accountability, research-based practices, and commercial competition--illustrated by but not exclusive to No Child Left Behind--some schools, public and private, make claims that resemble false advertising and that some parents rely on, to their disappointment and even detriment. Moreover, the laudable…

Analyzes complex Minnesota case wherein the state intermediate, appellate court upheld (2-1) juvenile court's order that a high school student expelled for making a bomb threat pay the district's tutoring costs and attorney's fees. (PKP)

Silent meditation in the schools has been rejected in recent court decisions, including "May vs. Cooperman," which held unconstitutional a New Jersey statute providing for a one-minute period of silence to be used at the discretion of the student. School administrators may be held liable for participating in such practices. (MJL)

To illustrate increasing legal involvement in health curriculum and instruction, the authors cite court cases relating to physical education (dress codes, student refusal to participate, athletic eligibility of the handicapped and other classes of students) and sex education (excusal of students and the teaching of birth control). (SJL)

A survey of teacher employment and tenure statutes in the 50 states reveals a variety of provisions directly relating to reduction in force. A chart illustrates the variations in statutory provision of reasons for reduction in force, of order for release, and of order for recall. (Author/MLF)