In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…

The legal audit of curriculum provides administrators with a procedure to systematically review local school policies and practices before they become involved in litigation by showing them the potential likelihood a suit would be successful against them. Over 160 court cases have been analyzed to develop the items in the legal curriculum audit.…

Procedural safeguards embedded in the Individuals with Disabilities Education Act (IDEA) provide for an impartial due process with regard to complaints. Summarizes federal administrative laws concerning hearing officer or administrative law judge bias, and sources regarding what constitutes "impartiality" primarily for purposes of the…

Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…

Under both the present and the proposed Individuals with Disabilities Education Act law there is no 10-day rule that keeps school administrators from taking strong measures to deal with students who pose a clear and present danger to the safety of others. (Author/MLF)

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…

This legal memorandum provides an overview of the growing body of legislation and litigation concerning reduction in force (RIF). The focus of the article is the suspension or dismissal of teachers for reasons unrelated to their competence or behavior. Cases concerning other professional personnel such as principals, or other staffing strategies…

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)

Reviews Ridgewood, New Jersey, case wherein several parents claimed that school district's student survey violated students' privacy rights protected by the Constitution and two federal statutes: The Family Rights and Privacy Act and the Protection of Pupil Rights Amendment. Discusses subsequent federal regulatory and state legislative action.…

In the Spring of 1998 the Portland (Oregon) Public Schools hired Dr. Pamela Settlegoode as an adapted physical education teacher for the coming academic year. Her job was to provide adapated PE to students with disabilities in three different schools and to draft individualized education plans (IEPs) in accordance with federal law. Soon after…

In the spring 1995 "JLE" issue, Bruce Meredith and Julie Underwood posited that regular and special education have developed fundamentally different paradigms that hinder cooperation. James Tucker and Jeffrey Champagne responded that regular/special education's conflict over resources is decreasing. Thomas Kuhn would argue that…

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…

Neil Devins, in part 1 of this chapter, discusses state regulation of home instruction. A different perspective on this subject is presented by Perry A. Zirkel in part 2. Parents have claimed that state regulations deprive them of their right, protected by the due process clause of the Fourteenth Amendment, to direct their children's upbringing.…

In "State v. Riddle," the West Virginia Supreme Court held illegal a family's religion-based home instruction of its children because, among other reasons, the family was not part of a self-sufficient religious community and had not followed state procedures on home schooling. Tells how to use legal citations. (RW)

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…