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Zirkel, Perry A. – Exceptional Children, 2012
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,…
Descriptors: Disabilities, Court Litigation, Federal Legislation, Educational Legislation
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Weintraub, Frederick J.; Myers, Robert M.; Hehir, Thomas; Jaque-Anton, Donnalyn – Journal of Special Education Leadership, 2008
Since 1996, the Los Angeles Unified School District (LAUSD), located in Southern California, has been under a federal court consent decree requiring compliance with laws pertaining to the delivery of special education services and the elimination of architectural barriers in schools. In 2003, the consent decree was modified, creating…
Descriptors: Individualized Education Programs, Federal Courts, Disabilities, Information Systems
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Osborne, Allan G., Jr. – West's Education Law Reporter, 1990
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)
Descriptors: Compliance (Legal), Disabilities, Elementary Secondary Education, Federal Courts
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Osborne, Allan G., Jr. – West's Education Law Reporter, 1990
Controversy developed among the federal circuits concerning whether or not Congress, when it passed the Education for All Handicapped Children Act, intended to abrogate the states' 11th Amendment immunity from a lawsuit in the federal courts. Discusses decisions favoring and against abrogation, and the Supreme Court's reasoning in ruling against…
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts
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Whitted, Brooke R. – West's Education Law Reporter, 1991
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)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Equal Education
Menacker, Julius – West's Education Law Quarterly, 1992
The Individuals with Disabilities Education Act of 1990 stresses procedural safeguards regarding special education identification, placement, or services. Reviewed a sample of Illinois due process appeal decisions and concluded that the system appears to be serving Illinois educators and parents reasonably well. (20 references) (MLF)
Descriptors: Conflict Resolution, Court Litigation, Disabilities, Due Process
McCarthy, Martha M. – West's Education Law Quarterly, 1994
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)
Descriptors: Ancillary School Services, Compliance (Legal), Court Litigation, Disabilities
Piele, Philip K., Ed. – 1985
Decisions made by federal and state courts during 1983 concerning education are reported in this compilation of eight independently authored chapters. The first chapter focuses on governance, examining the organizational and authority relationships among state and local boards of education and the general public. The chapter on employees considers…
Descriptors: Board of Education Role, Collective Bargaining, Court Litigation, Disabilities
O'Reilly, Robert C. – 1986
This paper reviews federal and state court interpretations of federal and state laws concerning the responsibilities of local school districts in providing free and appropriate education for handicapped children. Particular attention is paid to the building principal's responsibility in carrying out the mandated policies at the operational level,…
Descriptors: Administrator Role, Court Litigation, Disabilities, Due Process