This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

In September 2010, William Weldon, chief executive officer (CEO) and chairman of Johnson & Johnson (J&J), was called to testify in front of the Committee on Oversight and Government Reform to explain the largest product recall in the 125-year history of the well-known pharmaceutical and consumer products company. This article presents a…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

Positive risk-taking in the context of outdoor physical play is important for fostering children's optimal health and development. Despite this, there is mounting concern that many developmentally beneficial activities are now seen as dangerous and something to be avoided. However, perceptions of risk are very much subject to cultural…

There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…

The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…

Contributes to scholarship on press freedom, indecency, and federal regulation by examining the 36 cases between 1987-1997 in which the Federal Communication Commission (FCC) issued indecency fines. Investigates various factors and finds that, while the FCC appears to follow a fairly predictable pattern, there are elements of arbitrariness. (SR)

Presents a basic overview of federal funding available for educational facility construction, and the legal maze that must be negotiated to secure such funding. (Author/MLF)

Innovations in technology have enabled homeowners to pirate satellite signals intended for cable television operators through the use of home earth-stations. Section 605 of the Communications Act of 1934, which governs reception of signals, is inadequate to regulate this situation because it appears that publication of received programing outside…

An appellate court found that Michigan's popular prepaid college tuition program is not subject to federal income taxes, reversing an earlier decision. The program, considered a model for other states, was suspended in 1991 due to fund depletion from tax payments. The Internal Revenue Service is considering an appeal. (MSE)

The growth of government involvement in higher education has brought with it a host of problems that call for legal skills. In lawmaking, rule-making, or litigation, lawyers can be of substantial aid to institutions that seek intelligent influence over government actions involving education. (Author/MLW)

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

In a current Supreme Court case concerning whether a Georgia school district can be released from a 1969 court-supervised desegregation order, some social scientists are resisting a trend by trying to convince the court that mandatory desegregation of schools has proven an effective solution to inequality in racially segregated schools. (MSE)

The Justice Department's antitrust investigation of private-college collaboration on student financial aid (the Overlap Group) has closed, with charges against the Massachusetts Institute of Technology dropped and announcement of a new system by which institutions may share information. Institutions are skeptical about the practicality of the new…

This article discusses court cases and other sources on each of four major topics regarding federal disability discrimination laws and claims made by post-secondary students with learning disabilities: (a) Which students are entitled to the protection of the statutes, (b) What if any deference should be afforded academic institutions in their…