The study examined procedures utilized in 28 elementary schools in Montgomery County (Maryland) when a student is found to have academic or behavioral problems that make functioning in the regular classroom difficult. The study examined one part of special education--how the school system initially identifies students for special services. The…

This project was implemented in 1982 as a result of legal action taken against the Texas Department of Human Resources (DHR) by clients of child protective services (CPS) who alleged that they were not given notice of all services available or of their right to a fair hearing. The goal of the project was to determine whether special fair-hearing…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

Superintendent dismissal cases may be grouped into two major categories (nonrenewals and terminations) that can be divided into three levels: cases based primarily on the contract, on legislation, or on constitutional rights. Superintendents have been much more successful in challenging terminations than nonrenewals. Numerous issues and cases are…

Tests should be used by educators to help students of different backgrounds and abilities achieve their full potential. The goals of guaranteeing excellence via promotion of high academic standards and ensuring equal educational opportunities are inseparable, mutually dependent goals. State reform efforts and fairness issues are examined. (MLH)

Examines research on racial bias, focusing on the discretionary decision-making junctures of the juvenile court system. Research and statistics continue to suggest that the public, the police, the prosecution, and the jury all treat blacks more unfairly based to a large extent on race. (SLD)

Principals should protect their teachers from taking unnecessary verbal abuse from angry parents. Teachers should not go into a conference unprepared but should be trained in effective presentation skills and backed up by supporting documentation, a definite agenda, and adherence to proper procedures. Maintaining silence or "neutrality" is…

Although constitutional limits usually apply only to public institutions, contract law applies to both public and private institutions. By assuming that institutions will be held accountable for all official statements and that public institutions need an informal process ready for certain situations, schools can garner some legal protection.…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The Individuals with Disabilities Education Act requires school districts to offer each student with disabilities a free and appropriate education (FAPE) in the least restricted environment. Circuit courts are split over FAPE damages. This article discusses cases where FAPE damages under IDEA have been denied and where they have been awarded. (MLH)

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

In California, the desire to do something about child abuse, fanned by repeated and often sensational media coverage, has led to an understandable but counterproductive overreaction on the part of professionals and citizens reporting suspected child abuse. Child protective agencies receive an average of one report a minute. There are over 300,000…

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…