Discusses a recent Fourth Circuit Court of Appeals decision that when individuals are allowed to try out for or join a team participating in a contact sport and operated for members of the other sex, then discrimination against because of their sex is prohibited by Title IX. (22 footnotes) (MLF)

Exposure to asbestos in the air poses serious health threats, particularly to children. The use of asbestos in schools after World War II may have exposed millions of persons before regulations controlling asbestos use began appearing in the 1970s. Federal efforts to reduce exposure to asbestos have included passage of the Asbestos School Hazard…

Explores the residential placement provision of the regulations accompanying the Education for All Handicapped Children Act. Describes federal court interpretations, analyzing the criteria for distinguishing a special education residential placement from a noneducational residential placement. Suggests that courts should construe the residential…

Reviews the legislative history, purpose, and principal provisions of the Family Educational Rights and Privacy Act of 1974, and calls attention to reported decisions on issues including a private right of action, the release of education records through discovery or by judicial order, and the release of students' names and addresses. (98…

Public Law 94-142, the Education for All Handicapped Children Act, defines "handicapped children," specifies the criteria that must be met before children are eligible for special education, and identifies the "related services" that handicapped children may be eligible to receive. Section 504 of the Rehabilitation Act…

Explains the upsurge of litigation in special education based on Section 504 of the Rehabilitation Act of 1973. Advises school districts to review policies and procedures with local counsel; keep up to date with regard to Section 504; and provide extra training for special education administrators. (MLF)

Discusses violations of federal law by school districts with respect to their treatment of students with diabetes. Details requirements by which school districts must abide by and federal procedural safeguards. Presents a model program to assure students with diabetes a right to a nondiscriminatory education. Addresses the issue of liability. (207…

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…

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)

A federal statute provided that parents may use the judicial process to challenge educators' decisions. Describes the intent of legalization; how reaction to an adversarial system led to the use of mediation in most states; and why this alternative model is not appropriate for resolving education questions. (MLF)

Reviews asbestos removal legislation and four appropriate abatement methods. Advises school districts to assist principals to develop constructive asbestos management plans and conduct workshops relevant to the health hazards of asbestos. (MLF)

An analysis of the legislation, regulations, and court decisions regarding limited English proficient (LEP) students and exceptional students provides a framework for LEP exceptional children to claim their right to bilingual special education. The case of "Jose P. v. Ambach" explicitly confirmed this right for LEP exceptional children.…

A sampling of court cases illustrates situations in which the courts have extended the Reasonable Accommodation Standard into educational programming decisions. Addresses four topics: (1) admission, eligibility for services; (2) provision of supportive services; (3) program standards; and (4) behavioral standards. (59 footnotes) (MLF)

Cites a case regarding the delivery of a cued speech interpreter to a child in a parochial school. Examines the provisions of special education services in a private school, then examines what the court might consider if it must address the issue of excessive entanglement in the parochial school. (97 references) (MLF)

Analyzes the history, values, and legal issues involved in the inclusion controversy. Opponents of full inclusion of all students with disabilities in the classroom contend that it is a simplistic answer to complex problems. The Community Engagement Dialogic Model is an approach for dealing with judicial intervention in many special-education…