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…

Annotated outline provides an overview of the administrative and judicial rulings under Section 504 with regard to services to K-12 public school students. (MLF)

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…

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)

Several lawsuits in Connecticut have led to an attempt to develop public criteria for making residential placements of exceptional children for educational rather than noneducational reasons. This article delineates criteria for making the decision, the processes by which these criteria were developed, and the rationale behind them. (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)

The Supreme Court, in the case of "Grove City College v. Bell," ruled that federal regulation and enforcement activities designed to eliminate discrimination based on sex are triggered by indirect federal aid and are program specific. The Court's program-specific conclusion was immediately applied to federal statutory language that…

Describes the regulations of a federal standard for protecting the civil rights of language minority students in the context of a civil rights problem. Illustrates the relationships among governmental branches in the evolution of a civil rights standard in education. (MLF)