This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…

Courts in the Ninth Circuit are required to apply a four-factor balancing test when reviewing school districts' least restrictive environment (LRE) placement decisions for children with a disability. Discusses the Ninth Circuit's new LRE test, LRE tests previously announced in other circuits, and the fact that the Supreme Court has not addressed…

Discusses two cases that illustrate the reasoning used by courts to uphold attorneys' fees to parents who prevail in Education of the Handicapped Act (EHA) administrative proceedings. (MLF)

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)

Discusses two lines of case law regarding whether public schools are required by the Individuals with Disabilities Education Act (IDEA) to provide special education and related services to parent-placed private school students on the private school site when the public schools maintain their own appropriate program. (133 footnotes) (MLF)

Two recent court decisions--one from the state of Washington and the other from Indiana--demonstrate that the Individuals with Disabilities Education Act's strong presumption in favor of mainstreaming disabled children has its sensible limits. (MLF)

Several court cases have involved the provision of special education services to students who attend parochial schools. In "Zobrest," the Supreme Court ruled in favor of providing a sign-language interpreter to a parochial school student. Reviews that decision against the backdrop of establishment clause decisions in general. (MLF)

The Supreme Court in "Zobrest" identified a variety of factors that rendered constitutionally acceptable the provision of a publicly paid sign-language interpreter in a parochial school. In "K.R." the judge upheld provision of a publicly paid instructional assistant in a parochial school. Analyzes the case and its implications…

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…

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 "Zobrest," the Supreme Court ruled in favor of public financing of a sign language interpreter for a profoundly deaf student at a sectarian school. Briefly describes the three sets of legitimate and competing claims. (75 footnotes) (MLF)

Reviews the Supreme Court's decision in "Rowley v. Hendrick Hudson School District" and its test to determine provision of a free appropriate public education. Examines court decisions since "Rowley" on whether the primary focus was whether the student was receiving a beneficial education or on procedural matters. (MLF)

The Education for All Handicapped Children Act requires school districts to provide handicapped children with an appropriate education in the least restrictive environment. Analyzes several circuit court decisions that provide a reasonable framework for courts to use in deciding least restrictive environment controversies. (MLF)

Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…