Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…

Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress…

From the 1940s to the 1970s, the numbers and outcomes of court decisions escalated dramatically in favor of students, employees, and other individuals suing school districts. Today, the overall trend of education litigation favors school officials. The single exception is the category for special education. Since passage of the original special…

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)

In this article, the author states that by granting review of the third case in two years involving the Individuals with Disabilities Education Act, the U.S. Supreme Court has signaled a renewed interest in resolving legal conflicts arising under the federal law that governs services provided to nearly 6.7 million school children in special…

The Supreme Court's decision in "Honig v. Doe" indicates that a suspension of a dangerous handicapped student of up to 10 school days is valid. Decisions regarding the disciplining of handicapped students will have to be made on a case-by-case basis. Legal counsel should be sought. (MLF)

The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal…

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…

A New Hampshire school district denied a special education program to a severely handicapped and profoundly retarded child. The Court of Appeals ruled in favor of the child. Reviews the legal history of "Timothy W. et al. v. Rochester et al." Advises school districts of actions to take to avoid such cases. (30 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…

Provides a brief overview of the legal context of litigation regarding whether children with disabilities are entitled to be placed in the regular education program with supplemental aids and services. Examines federal circuit rulings since 1990 that highlight the complexities involved. (39 footnotes) (MLF)

Argues against the Supreme Court's overturning of lower court decisions in support of a deaf child's right to a classroom interpreter. Reproaches the majority opinion for ignoring "a clear legislative mandate" from the federal government to provide handicapped children with educational opportunities equal to those provided nonhandicapped…

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.…