The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)

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.…

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…

Reviews the Supreme Court decisions under the following subjects: (1) special education; (2) religion and public education; (3) employment and labor; (4) elections and voting rights; (5) freedom of speech; (6) Title IX and other issues of school district liability and immunity; and (7) cases to be decided next term. A list of cases and statutes…

This fourth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 related to handicapped students, and to the conditions affecting them and, to a lesser extent, school personnel. Among the topics addressed are the procedural safeguards established to ensure appropriate…

This review of the Supreme Court's term of cases that are relevant to school districts is divided into five sections by subject matter: (1) desegregation; (2) voting rights and political activity; (3) employment and labor; (4) student rights; and (5) special education. A list of cases and statutes discussed, with citations is included at the end…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

Presents an overview of both the federal statute governing the education of children with disabilities and the "Burlington" decision that requires, under certain circumstances, public school districts to reimburse parents for private educational expenses. Examines the leading cases involving parental placement of disabled children in…

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…

In "Kiryas Joel," a sharply divided Supreme Court ruled that a New York law establishing a separate school district for a group of Orthodox Hasidic Jews was unconstitutional. Outlines the unusual facts in "Kiryas Joel" and summarizes Justice Souter's opinion of the Court, Justice Scalia's detailed dissent, and the four diverse…

Addresses a Seventh Circuit ruling that treats parental hostility as a factor in determining the appropriateness of an individualized education program. Asks what are the alternative and appropriate means for counteracting undue parental hostility in cases under the Individuals with Disabilities Education Act and related laws. (60 references) (MLF)