The monograph addresses legal issues involving discrimination against handicapped persons and the key legal requirement of reasonable accommodation. Four chapters in Part I examine background issues, including definitions and statistical overviews of handicaps; historical attitudes toward handicapped persons and an analysis of the extent of…

This paper examines the status of U.S. disability-related equal opportunity laws and identifies gaps in coverage, shortcomings and inconsistencies in interpretation and application, and deficiencies in enforcement. Problems with the scope of coverage result from: (1) laws that are not enforceable in federal courts against states, not co-extensive…

The effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation's schools are examined in this book. Case studies, surveys, and interviews with lawyers and judges involved in the leading cases are presented in nine chapters by nine contributors, each of whom is a recognized authority in…

"Special Education Law," by Laura F. Rothstein, is organized into three major segments: (1) conceptual background material about the history of special education law; (2) analysis of issues in identification, evaluation, programing, placement, provision of related services, and due process protection; and (3) more esoteric legal matters.…

This collection of issue papers addresses the inclusion of students with disabilities who are labeled disruptive in general education classrooms. The publication begins by summarizing new provisions in the Individuals with Disabilities Education Act (IDEA) Amendments of 1997. The provisions make it clearer that students with disabilities must be…

In June 1979 the United States Supreme Court issued a civil rights opinion about handicap discrimination. A summary of the ruling is provided along with an effort to distinguish between those questions addressed and resolved by the Court and those discussed but not disposed of. (Author/MLW)

This report summarizes the findings of a study of court files relating to care proceedings involving parents with an intellectual disability. The authors found that 15.3% of all children subject to care applications in the year 2000 in the courts studied had at least one parent with an intellectual disability. They also found that these children…

An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

School board members generally understand the ramifications of the open meeting and public records of their states; however, they may not know whether their use of e-mail is subject to these laws. Legally, e-mail has as much potential exposure to liability as any other communication subject to the state open-meeting law, or as any unprivileged…

When a child with a disability behaves in a manner which threatens the safety of other children and staff in the school, school authorities are faced with a dilemma. The balance between the competing interests of individuals and the school community is never more clearly seen than in such a situation. The child has a right to participate equally…

When confronted with a student with acquired immune deficiency syndrome (AIDS), administrators must act very cautiously. In addition to the public relations and political problems asociated with students with AIDS, administrators are faced with the legal implications of their decisions; their actions, if uninformed, can result in monetary…

Mentally retarded individuals are often stigmatized and segregated, though constitutional guarantees in many countries promise them equality. Use of the U.S. court system to secure these guarantees, resulting in deinstitutionalization, individualization of services, and increased employment opportunities, is analyzed and contrasted with the…

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination by any recipient of federal assistance on the basis of a person's handicap. Discussion centers on claiming protection under Section 504, a court case illustrating affirmative duty, and private right of action and standards for scrutinizing unequal treatment. (AF)

Provides a broad survey of employment discrimination lawsuits brought against libraries under various federal and state statutes. Practical pointers for librarians are drawn from these cases for their use in hiring, firing, and disciplining employees. (EM)