Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…

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…

Examines the Fifth Circuit Court's 1991 reasoning in "Price," a case that resulted from the school district's adoption of a new student reassignment plan to meet court-ordered desegregation. Suggests locating schools in the center of cities. Advocates that the judiciary conduct periodic checks on school districts that have been declared…

Most Americans are keenly aware of the African American civil rights movement. However, few know about the comparable struggle of Mexican Americans to enjoin the practice of segregated public schools in the Southwest. This article analyzes "Mendez v. Westminster School District," a 1946 federal court case that ruled that separate but…

In light of the Supreme Court's decision this Term in "Schaffer v. Weast," this Note analyzes the current state of special education law and argues that parents, attorneys, and advocates should look beyond the Individuals with Disabilities Education Act (IDEA) to Section 504 in the post-"Schaffer" public school. This Note shows…

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)

Discusses the Montana Supreme Court's declaration that the Montana system of financing education was unconstitutional as it relates to emerging legal principles drawn from federal school finance court challenges. Speculates on future directions in state education finance equity litigation. (54 references) (MLF)

Describes judicial attitudes toward the needs of linguistic minorities in the 1960s and 1970s and the shift during the last decade from mandating national standards to emphasizing local community discretion. Explores the implications for the national-value/community-value distinction for bilingual education and for current controversies concerning…

Examines federal and state court decisions in school finance litigation involving the argument that education is a fundamental right with equal opportunity and equal protection. Outlines legal strategy for educational reform by arguing that surrogates for these concepts are state education laws requiring uniform, common or thorough, and efficient…

This article examines some of the court cases that deal with equal educational opportunity, education as a state function, and equal opportunities and equal protection in student classification. (Author)

Since 1975, the Education for All Handicapped Children Act has been challenged and taken to the Supreme Court six times. Reviews the Court's rulings on the act and notes the alliances and grouping patterns of the opinions, as well as the changing nature of the Court's opinions of the act. (MLF)

Reviews and synthesizes court rulings that have expressly discussed the factor of economic cost in considerations of appropriateness of special-education programing. Advises educators to expend their resources in providing appropriate individual special-education programs rather than litigating the costs of those programs. (197 references) (MLF)

Since 1970 approximately half of the states have challenged the constitutionality of state educational funding methods under equal protection or educational adequacy grounds. A review of court cases finds no clear trend towards acceptance or rejection of state provisions for school financing but does reveal a heightened awareness of inequity in…

This paper offers administrators, teachers, and school boards an introduction to legal issues surrounding teacher dismissal and school desegregation and summarizes a study of all teacher dismissal cases heard from 1970 through 1981 in the Fifth Circuit Court of Appeals. Most of the report is devoted to an overview of the historical development of…

On July 22, 1980, in U.S. Federal District Court in Texas, Judge Woodrow Seals declared unconstitutional Section 21.031 of the Texas Education Code which restricted children of undocumented immigrants from attending Texas public schools. The decision's effect is to affirm the Constitutional right to an education regardless of immigration status.…