Overall, there has been limited guidance from the federal government on how K-12 schools should implement their policies and practices to comply with Title IX and special education law. The lack of clear directives leaves K-12 schools with the task of identifying policies and processes that are the best practices in navigating the rights afforded…

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…

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)

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…

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)

Asserts that 25 years after Congress passed the Education for All Handicapped Children Act (now called the Individuals with Disabilities Education Act), many educators and administrators still do not understand the law or how to implement it. Discusses three reasons for this situation and suggests benefits of understanding the law. (PKP)

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)

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…

In "Zobrest," the Supreme Court held that a public school may provide an interpreter to a deaf student attending a parochial school. Examines the "Zobrest" decision and the interplay between special education and the Establishment Clause, and provides an analysis of the issues left unresolved by the "Zobrest" opinion.…

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)

Reviews recent federal court findings in three legal areas: the responsibility of public schools to reimburse tuition costs for special education students placed in appropriate private programs, parents' rights to sue for damages when special education placement is inadequate, and students' freedom to incorporate sexual innuendo into speeches.…

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…

The Eleventh Amendment was ratified in 1795 to afford protection for the states. Reviews the history and evolution of the amendment's interpretation. Highlights decisions in education law concerning whether state governments may repel claims by plaintiffs seeking federal authority over state laws, policies, institutions, and programs. (34…

Examines two cases, both involving hearing-impaired students. In each situation the student's parents had requested the services of a sign language interpreter for all classes at a parochial school. Emphasis is placed on the First Amendment issues the Supreme Court is expected to address in the "Zobrest v. Catalina Foothills School…