A federal court awarded attorney fees in a P.L. 94-142 case on the basis of violation of a handicapped student's due process rights, and the U.S. Surpeme Court will review another P.L. 94-142 case that could have an impact on special education budgets. (DCS)

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

In deciding "Honig v. Doe" the United States Supreme Court held that the unilateral exclusion of a handicapped student for conduct caused by the student's disability, for a period in excess of 10 school days, constitutes a prohibited change of placement. Identifies and discusses seven unanswered questions regarding disciplining…

This chapter traces the litigation in "Rowley," the first case concerning the Education for All Handicapped Children Act (1975) to be considered by the United States Supreme Court. The Court decided that a deaf child, Amy Rowley, was being provided with an educational opportunity that was substantially the same as her classmates';…

Discusses the major federal laws relevant to education of the handicapped and how they apply in a given discipline situation. Summarizes issues that past court decisions have clarified such as suspensions, change of placement, and termination of educational services pursuant to a long-term suspension or expulsion. Mentions important emerging…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…

This article examines major court decisions and provides guidelines for determining program appropriateness for individual students with disabilities. Specific decisions reviewed include the 1982 Board of Education v. Rowley case, Diamond v. East Windsor Regional School District (1986), Russell v. Jefferson School District (1985), and Tolland v.…

Reviews and synthesizes court rulings that have expressly discussed the factor of economic cost in considerations of appropriateness of special-education programing. Advises educators to expend their resources in providing appropriate individual special-education programs rather than litigating the costs of those programs. (197 references) (MLF)

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

Judicial decisions affecting educational policy and management that were handed down in 1991 by state and federal courts are summarized and analyzed in this book. The analyses are divided into eight topical chapters: (1) "Employees" (Ralph D. Mawdsley); (2) "Bargaining" (Charles J. Russo); (3) "Pupils" (Henry S.…

To best deal with the issue of law enforcement officers in the school, educators should establish a written policy. Two previous issues of this journal offered a model policy. In light of intervening legal and educational developments, a revised 1994 model is offered. Local education officials are prohibited from sharing student records with law…

Judicial decisions affecting educational policy and management that were handed down in 1993 by state and federal courts are summarized and analyzed in this book. The analyses are divided into nine topical chapters: (1) "Employees" (Ralph D. Mawdsley); (2) "Bargaining" (Charles J. Russo); (3) "Pupils" (Henry S.…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…

This paper reviews federal and state court interpretations of federal and state laws concerning the responsibilities of local school districts in providing free and appropriate education for handicapped children. Particular attention is paid to the building principal's responsibility in carrying out the mandated policies at the operational level,…