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McClung, Merle – Journal of Law and Education, 1974
Two landmark court cases have upheld the constitutional right of handicapped children to a publicly supported educational program, and to various procedural safeguards to insure fair implementation of that right. Neither case deals directly with the right to an "adequate" education. Presents arguments lawyers could present in raising this adequacy…
Descriptors: Court Litigation, Due Process, Equal Protection, Handicapped Children
McClung, Merle – TRIAL Magazine, 1974
Since 1954 school children have sought and secured constitutional protection -- primarily under the First Amendment and the due process and equal protection clauses of the Fourteenth Amendment. Outlines some of the constitutional developments and recurring issues in education under (1) exclusion, (2) functional exclusion, (3) free expression, (4)…
Descriptors: Ability Grouping, Due Process, Equal Protection, Freedom of Speech
McClung, Merle – Inequality in Education, 1973
An attempt to formulate a legal framework to aid lawyers considering legal challenges to student classifications such as uneducable, mentally retarded, emotionally disturbed, hyperkinetic, vocational, etc. (JF)
Descriptors: Ability Grouping, Court Litigation, Due Process, Equal Protection
Peer reviewed Peer reviewed
McClung, Merle – Journal of Law and Education, 1974
Children with behavior disorders are difficult to educate, but exclusion from school is legally questionable, educationally irresponsible, and socially self-defeating. (Author/DW)
Descriptors: Behavior Problems, Due Process, Elementary Secondary Education, Equal Protection