In the last few years a variety of questions have arisen in the school context concerning the legal rights of persons seeking to record conversations. Guidance concerning the law governing these situations is based on the following conclusions: (1) neither the common law nor any federal law generally prohibits the tape recording of conversations…

This paper analyzes the preschool special education eligibility classifications and criteria used by states and the District of Columbia in compliance with Part B of the Individuals with Disabilities Education Act. Four types of eligibility classifications are described: use of only Part B disability categories; use of Part B categories plus a…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…

Three separate newsletter issues examine the issue of sexual harassment on college campuses. Part I contains a general introduction to the topic and two articles. The first of these discusses the definition of sexual harassment by the United States Equal Employment Opportunity Commission (EEOC) and the courts, the EEOC guidelines on conduct of a…

This bulletin issue presents highlights from the "15th Annual Report to Congress," which provides a detailed description of the activities undertaken to implement the Individuals with Disabilities Education Act (IDEA) and an assessment of the impact and effectiveness of its requirements. The bulletin provides brief narrative sections on…

The Environmental Protection Agency (EPA) has issued a final rule under the Toxic Substance Control Act (TSCA) to require all local education agencies (LEAs) to identify asbestos-containing materials in their school buildings and take appropriate action to control release of asbestos fibers. The LEAs are required to describe their activities in…

This document uses a question-and-answer format in clarifying the meaning and use of the term "informed clinical opinion," which appears in the regulatory requirements for the implementation of Part H of the Education of the Handicapped Act Amendments 1986 (Public Law 99-457) as an integral part of an eligibility determination. The paper…

Secondary school administrators considering the termination of an employee prior to the expiration of contract are offered several suggestions. These are: have a good evaluation system in place; follow all phases of the evaluation system; document all conferences, observations, and other encounters; alert the superintendent early in the process;…

Children with attention deficit hyperactivity disorder (ADHD) are provided for under three federal statutes: the Individuals with Disabilities Education Act (IDEA), Part B; Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act of 1990. State education agencies have ultimate responsibility for providing a free…

This theme issue provides an overview of related services for school aged children with disabilities as required by federal law, especially the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973. It identifies the personnel associated with delivering various services including audiology, occupational…

For many students in the 1990s, school is no longer a safe environment in which they feel free to learn. This brief is intended to dispel myths about peer sexual harassment and clarify the new realities of the phenomenon in schools. The brief also conveys the message that school administrators have a duty to foster a school environment based on…

"The Practitioner" is subtitled "A Newsletter for the On-Line Administrator." This theme issue is devoted to recent developments in the teacher evaluation process. Contents include a review of research on teacher evaluation, an overview of legal requirements, and examples of outstanding teacher evaluation programs in six high schools. Thirteen…

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

A newsletter provides legal background and guidelines for celebrating religious holidays in the classroom. Material is divided into separate sections discussing the First Amendment, Supreme Court decisions regarding public schools and religious observances, specific "establishment clause" cases, specific "free exercise clause"…

Issues pertaining to equity rights to intellectual property and policy concerns of colleges are discussed. The following factors need to be addressed: the extent to which the intellectual property is created and/or reduced to practice during time paid for by the institution; the extent of use and value of facilities provided by the institution and…