The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…

Presents a basic overview of federal funding available for educational facility construction, and the legal maze that must be negotiated to secure such funding. (Author/MLF)

This paper examines the legal questions involved in public financial support and resulting public control of private schools in both Canada and the U.S. Three factors are responsible for increased public interest in private schools in recent years, the paper states: increased educational costs, concern over the concept of equal education, and…

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

In a current Supreme Court case concerning whether a Georgia school district can be released from a 1969 court-supervised desegregation order, some social scientists are resisting a trend by trying to convince the court that mandatory desegregation of schools has proven an effective solution to inequality in racially segregated schools. (MSE)

In the late 1980s, the Department of Justice began a campaign of prosecuting dairy companies and individuals associated with these companies for colluding on contract bids to supply milk to schools and military installations. Data were derived from: (1) interviews with officials from the Departments of Defense, Agriculture, and Justice; (2) a…

Several factors should be considered by attorneys representing school boards faced with the need for administrative hearings concerning the education of a handicapped child. Attorneys should try first to resolve the problem without resort to the formality of a hearing. If a hearing is necessary, the issues should be determined; a hearing examiner…

The deregulation critique of the federal role in education asserts that education can be as productive with less federal intervention. This critique can be broken down into three groupings of separate criticisms. The first group denies the value or feasibility of federal goals. These criticisms insist either that federal goals are not worthwhile…

Reviews the historical background of educating the handicapped; presents the general features of the Education for All Handicapped Children Act, including funding, enforcement remedies, and procedural rights; and discusses issues raised by the law. (MLF)

Selected legal problem areas for sectarian and nonsectarian private schools that have generated substantial litigation and frequent questions from nonpublic school administrators and faculty are discussed. Major topic headings include tort liability, constraints on student and faculty discipline, governing board liability, governmental regulation…

Examines the legal issues that may have impacts on charter schools. Considers the results of a study of the impact of charter school laws on urban schools (E. Rofes, 1998). Questions whether charter schools are public institutions and examines the key constitutional issues they face. Also reflects on labor issues and dealing with teachers' unions.…

Unresolved issues regarding Title IX include: (1) the applicability of Title IX to employees; (2) the law's applicability to all programs in an institution versus only those programs which are federally funded; (3) the extent to which the law covers athletic programs; and (4) whether violation of the law requires evidence of discriminatory intent.…

School districts seeking to obtain the person best qualified and suited for a particular position should use a precise, well-balanced application that will give a personal history, qualifications for the job, and job-related references that can be used to make more indepth inquiries concerning the applicant. Laws may vary from state to state…

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…

Compares the recent opinions of the Second and Fifth Circuit Courts concerning the legislative intent of Title IX with earlier opinions of the First, Sixth, and Eighth Circuits, which declared the Title IX employment regulations invalid. A middle approach to interpretation of the law is proposed. (Author/MLF)