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Turnbull, H. Rutherford; Turnbull, Ann P.; Cooper, David H. – Exceptional Children, 2018
In this article, we analyze the Supreme Court's decision in "Endrew F. v. Douglas County School District RE-1" (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the "Endrew" decision with…
Descriptors: Court Litigation, Disabilities, Educational Legislation, Federal Legislation
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Zirkel, Perry A. – Exceptional Children, 2012
This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…
Descriptors: Disabilities, Court Litigation, Federal Legislation, Educational Legislation
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Pittman, Paula; Huefner, Dixie Snow – Exceptional Children, 2001
This article reviews past litigation concerning the education of children with hearing impairments and explores new provisions under the Individuals with Disabilities Education Act as they affect communication issues. It is argued that new regulations may improve the position of parents who have adapted a bilingual-bicultural approach for their…
Descriptors: Court Litigation, Deafness, Educational Legislation, Elementary Secondary Education
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Bartlett, Larry – Exceptional Children, 1989
Court decisions interpreting effects of Public Law 94-142 on traditional forms of public school discipline are reviewed, concluding that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, legal problems arise with expulsion and long-term suspensions of…
Descriptors: Court Litigation, Disabilities, Discipline, Discipline Policy
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Etscheidt, Susan – Exceptional Children, 2003
A qualitative content analysis of 50 recent administrative decisions and cases concerning independent educational evaluations identified three legal criteria that administrative officers and judges have utilized in determining the appropriateness of challenged district evaluations. Several recommendations to professionals involved in conducting…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Due Process
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Abeson, Alan; Zettel, Jeffrey – Exceptional Children, 1977
Introduced by an editoral comment (by F. Weintraub), the article reviews the history, background, and implementation of the Education for All Handicapped Children Act of 1975 (Public Law 94-142). (IM)
Descriptors: Equal Education, Exceptional Child Education, Federal Legislation, Handicapped Children
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Katsiyannis, Antonis; Maag, John W. – Exceptional Children, 2001
Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services is allowed. This article critiques this provision by reviewing relevant case law and legislation, examining the mandate's social context, and questioning the validity of…
Descriptors: Behavior Problems, Compliance (Legal), Court Litigation, Decision Making
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Imber, Steve C.; Radcliff, David – Exceptional Children, 2003
Through an analysis of state and federal regulations, U.S. Department of Education policy letters, and state and federal case law on independent educational evaluations (IEEs), it is concluded that parents have the right to an unfettered IEE at the public expense when they disagree with a district's evaluation. (Contains references.) (CR)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Evaluation Problems