Courts have not recognized claims of "educational malpractice," though they have held that such a claim could be formally pleaded with liability precluded by public policy considerations. A 1984 New York Court of Appeals decision in "Snow vs. State of New York" may be the initial breakdown to the barrier of public policy…

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

This paper examines objective and subjective fairness of due process hearings in special education disputes and reports findings from a study of parents' and school officials' subjective experience of the fairness of their hearings. Results showed that neither school officials nor parents felt positively about the experience. (Author/JDD)

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

Colleges and universities remain vulnerable to lawsuits and face an increasingly litigious environment. This book is intended to provide board members, administrators, faculty, and students of higher education with a basis for informed decision-making that will reduce the risk of liability through a preventive-law approach. Readers will find this…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…