This monograph provides a comprehensive, concise, and current overview of the law-- specifically, legislation, regulations, and published court/administrative decisions--relating to gifted education for K-12 students. For students whose legal rights are based solely on their gifted status, the law largely boils down to (a) varying state statutes…

The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA…

It is unclear what kinds of bilingual programs schools will be mandated to provide and the sources of funding are also unclear. (Author/IRT)

This article presents questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) 2004 and the changes it has made with regard to local education agency (LEA) and the Individualized Education Program (IEP) process. The author's answers to these questions are presented. In answering the general question--to what…

Although both desegregation and bilingual education ideally aim at the goal of equal and equitable educational opportunities for minority youngsters, the initial impetus of bilingual education differs distinctly from desegregation in that the bilingual approach requires separate special treatment. The degree of divergence between desegregation and…

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 this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.

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)…

Madeline Smith, a new elementary principal in northeastern Pennsylvania, wrestles with how to handle a dilemma involving one of her special education teachers who is wearing a head wrap while working. Wearing the head wrap is a violation of district policy, and if the head wrap is a religious symbol, then the employee is also violating the state…

This review examines published hearing/review and court decisions concerning autism eligibility in educational settings in relation to empirically supported best practices in the assessment of autism. Thirteen cases were identified for inclusion in the review. In general, results indicated that hearing/review officers and judges neither relied…

Discusses Nebraska case involving efforts by parents to seek redress in federal court for their emotionally impaired daughter's difficulties with her band teacher; the parents claimed violation of the 14th Amendment, federal disabilities statutes, and state common law. Explains why the federal district court and Eighth Circuit rejected the…

Discusses basis for Kentucky appellate court decision that state's no-pass, no-drive statute did not violate due-process and equal-protection clauses of the Kentucky and federal constitutions, but did violate the federal Family Education Rights and Privacy Act, but nevertheless did not invalidate the statute. Explains why the decision is…

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…

Recent case law within and outside the school context has revised or refined various concepts concerning eligibility and other K-12 issues under Section 504 and the Americans with Disabilities Act (ADA). Ten case lessons are described in this paper, seven of which are: (1) The frame of reference for determining "substantially limits" in…

In a Kansas school finance case, trial court Judge Terry Bullock issued a preliminary legal opinion and convened meetings between legislature representatives and the governor's office. Yale law student Charles Berger's article characterized this novel approach as "equity without adjudication." Lehigh student Ralph Puerta's accompanying…