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…

Under both the present and the proposed Individuals with Disabilities Education Act law there is no 10-day rule that keeps school administrators from taking strong measures to deal with students who pose a clear and present danger to the safety of others. (Author/MLF)

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)

Explores the current status of federal special education law as it relates to discipline for students with disabilities in public schools. Designed to help local school administrators be equipped to successfully implement school discipline while being in compliance with the regulations' mandates. (Contains 19 references.) (MLF)

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)

Educational personnel not prepared for children with disabilities and the provisions of the Education for All Handicapped Children Act have given rise to opportunities for misconduct. Examines the recent case law and legislative activity and its effect on special education malpractice, and suggests the possible direction this issue will take. (MLF)

This book is intended to provide educators with quick but authoritative answers to special education law and to provide attorneys with preliminary information prior to more extended explorations of special education law and practice. The book is organized in a question-and-answer format. Although dealing primarily with the Individuals with…

This resource guide provides an overview of special-education laws and issues related to K-12 education for those interested in starting or currently operating a charter school, for host or sponsoring school districts, and for state departments of education. It is essential that charter-school operators and staff who are in any way responsible for…