This digest examines how the concepts of least restrictive environment, mainstreaming, and inclusion have been developed by Congress and the courts. An introductory discussion of the Individuals with Disabilities Education Act (IDEA) notes that Congress did not define the concept of least restrictive environment, but left it to the courts to shape…

In December 1991, the South Carolina Supreme Court ordered the State Board of Education to stop using the Education Entrance Examination (EEE) for licensing parents who want to teach their children at home. In ruling that the test's validation process did not meet a standard of reasonableness, the Court established a significant precedent for test…

This digest presents a brief review of recent Fourth Amendment decisions that affect the rights of students and the parameters of schools' authority to maintain a crime-free environment. Although Federal decisions apply nationwide and do mark the boundaries of permissible state and local action, state and local laws and regulations must always be…

The major legal issues pertaining to academic employment are examined. Four areas affecting higher education are analyzed in depth: employment practices, equal pay, developing issues under Title IX of the Education Amendments of 1972; and financial exigency. In addition, guidelines for evaluating current institutional academic employment practices…

The obligations of colleges and universities under existing laws prohibiting sex discrimination are discussed. Attention is directed to developments in the law relating to sex discrimination against employees and against students in colleges and universities, and practical and cost-efficient strategies for complying with the law. The pertinent…

This brief guide to the legal rights of gifted preschool, elementary, and secondary school children, first notes the lack of a federal law to protect the rights of these children in contrast to children with disabilities and the need for advocates for these students to urge adoption of appropriate statutes and regulations at the state and local…

This synthesis of current attitudes on academic freedom as defined by lower court and Supreme Court cases describes the (1) framework in which academic freedom operates, (2) powers and limitations of state legislatures and school officials in defining the curriculum and setting policy, (3) rights and limitations of teachers in making curricular…

This digest examines the constitutional framework guiding the use of race-conscious policymaking in K-12 education. Despite the requirements of Brown v Board of Education, recent court decisions suggest that desegregation remedies are becoming more limited, and voluntary policies will be subject to greater scrutiny. The legal framework governing…

The paper examines current judicial interpretations of selected policy and implementation issues concerning P.L. 94-142, the Education for All Handicapped Children Act. Court cases are analyzed according to the following six principles of the legislation (sample subtopics in parentheses): zero reject--the right of handicapped children to be…

The impact of the Supreme Court decision in the National Labor Relations Board v. Yeshiva University case is considered in this literature analysis. This landmark decision held that the full-time faculty members at the private Yeshiva University exercised supervisory and managerial functions and were therefore not entitled to the benefits of…

Part of a series on the legal and governmental foundations governing education of handicapped and gifted children, the booklet focuses on bilingual special education. A review of the literature covers studies which have been conducted in a variety of bilingual program settings in the United States and several other countries. Cited among findings…

Eleven publications are reviewed dealing with tenure laws, establishing criteria for teacher evaluation, due process, relevant state laws, legal case studies, remediation, and the principal's role. The literature agrees that dismissal of tenured teachers is possible if evaluation criteria and evidence of incompetence are clear and if…

The obligations of colleges and universities under existing laws prohibiting sex discrimination against employees and students are summarized. Principal federal sources of legal obligation regarding employees are the equal protection clause of the Fourteenth Amendment, Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and…

The yearbook provides special education information including federal and state policy actions; important reports; statistical data on exceptional students served and personnel employed; and directory listings of key offices, officials, and organizations concerned with special education. In general, the yearbook covers reports issued from July…

This paper discusses trends and issues surrounding undocumented students in the United States. War, hope, political difficulties, and economic troubles propel immigrants into the country. Estimates range from 100,000 to 500,000 undocumented immigrants entering annually, almost one-fifth of whom are under age 15. Many undocumented children attend…