Senate Bill (SB) 163 would alter the current law that requires coverage of behavioral health treatment (BHT) for autistic spectrum disorder (ASD). SB 163 would expand the definition of BHT to include treatment modalities based on developmental theory, would make technical changes to definitions related to network adequacy, would prohibit denial of…

Within the past few decades, scholars, lawmakers, and educators have increased attention to a specific type of aggressive behavior known as bullying. While bullying is like peer aggression and harassment, in that they all pertain to negative aggressive actions, there are important distinctions among these three forms of behavior. The key features…

For more than 30 years, scholars and practitioners have debated how to distinguish emotional disturbance (ED) from social maladjustment (SM) when determining special education eligibility and need. Scholarship on the nature of ED and SM has paid little attention to the legal parameters of practice despite the fundamentally legalistic nature of…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

The literature on the use of corporal punishment with children is reviewed, legal opinions on the issue are cited, and research on the social and behavioral aspects of corporal punishment are discussed. The literature is noted to focus on guidelines for administering corporal punishment, the importance of the relationship between the adult and…

The author investigates the mutual effects that legal and adjustment issues have on the plight of some children. A court-appointed child adversary, who would represent the child in custody and visitation decisions, could lead to improved postdivorce adjustment for many children, she concludes. (Editor)

Presents data on international migration and its effects in and between various countries in North America, Europe, and Africa. Discussions include refugee, immigrant, and migrant worker flows; the legal, political, and social problems surrounding immigrants; alien terrorism and law enforcement problems; and migrant effects on education, social…

Examines the development of retraction laws, which require publishers to correct allegedly false stories, and looks at their constitutional implications. (GT)

Points out several liability considerations a classroom teacher should be made aware of in undertaking the role of cooperating teacher. (FL)

The 20 years following the "New York Times v. Sullivan" Supreme Court decision have seen an accelerating erosion of the protection necessary for the press to perform its function. The erosion has occurred in part because of unfavorable decisions of the substantive law. But in a very large measure it has also been because of uncertain and…

This is the 22nd in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

This is the 23rd in a series of yearly updates of judicial decision summaries for case law related to elementary- and secondary-education issues. One can use previous and future editions to track decisions on appeal or to spot trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

Student and cooperating teachers must protect themselves from legal problems by introducing legislation where none exists, particularly on the state level. (LH)