Uses the statutes of South Carolina as an example of the legal requirements for teacher dismissal and decertification. Argues that it is by no means impossible under the law to discharge or decertify a teacher, nor is the process nearly so complicated as some administrators claim. (Author/IRT)

The document reviews state of Georgia and federal law regarding the provision of special education programs for exceptional children and youth and outline procedures for providing those programs. Section I presents a summary of Georgia Chapter 32-6A, particularly the sections which address establishment of other special programs of education;…

In "Fumarolo v. Chicago Board of Education," the Illinois Supreme Court invalidated the Chicago School Reform Act because it violated the one-person, one-vote principle when several school administrators were summarily deprived of tenure by parent-dominated school councils. However, due process concerns for the deposed administrators…

This monograph compiles and analyzes court cases and due process hearings related to the identification and provision of services for gifted and talented youth, with special focus on the state of Indiana. Federal legislation related to the gifted commenced with the National Defense Education Act, followed by the 1969 amendments to the Elementary…

The amount of due process tenured teachers are entitled to in some states discourages schools from pursuing dismissals of even the most unsatisfactory teachers. Administrators need to work intensively with new teachers, and administrators' own evaluations should include measures of how effectively they evaluate teachers. (MLF)

This presentation outlines the complaint investigation process developed by the Maine Department of Education to ensure a timely response to complaints concerning special education services, and to provide third party mediation and arbitration as needed. Complaint procedures required under federal regulations are outlined. Strengths and weaknesses…

This bulletin explores the current status of federal and state, especially Pennsylvania, legislation and recent court decisions pertaining to gifted education. It notes the existence, at the federal level, of only one law related to gifted education, the Jacob Javits Act of 1988 which, however, does not mandate the creation of special programs and…

This chapter discusses the question, To what degree is the school board limited by the requirement that it not be arbitrary or capricious in deciding not to renew a probationary teacher? When teachers have been notified that their employment contracts will not be renewed, they are responsible for initiating a review of the decision. If the school…

This report describes recent gains in support for the movement to allow parents to choose the public school which their children attend. Reasons for the movement's growth and methods of implementing school choice plans are presented. The paper then focuses specifically on interdistrict school choice plans, identifying major aspects which are…

This Virginia document first states the mission of the Child Study Committee (CSC), clarifies its role, and delineates its functions from other existing programs and services. The CSC mission is stated as providing a school-based mechanism to enable school personnel to meet the needs of individual children having difficulty in the educational…

In 1988, the Tennessee Legislature passed permissive legislation (TCA 49-940) that allows school officials to test suspected students for using drugs. The law provides that testing is optional, with each local education agency deciding whether or not to adopt the policy. Twelve school systems chose to adopt the legislation as board policy. This…

This chapter provides an overview of legislation and litigation relating to reduction in force (RIF) with a focus on cases decided since 1980. State statutes continue to be the primary source of the law concerning RIF, so a table is provided for these statutes and their various provisions. These statutes include the dismissla-type, and the less…

Ten brief articles focus on issues in the administration of special education especially in New York State. Articles have the following titles and authors: "Administrative Skills--Coping with the Future" (J. Gross); "The Impact of Public Law 94-142 and Chapter 853 on Regular and Special Education Administrators" (R. Costello);…

This state plan is an application for funds under Part B of the Individuals with Disabilities Education Act (IDEA). This application contains Wisconsin's policies and procedures for complying with the requirements contained in IDEA regulations and the applicable Education Department General Administrative Regulations (EDGAR). This application will…

This paper examines the federal and state constitutional and statutory issues that affect the capacity of governments to raise revenue for education and other children's services, including mandates and key legislation that limit revenues, expenditures, and borrowing. The paper is divided into three major sections: (1) legal issues affecting…