As a service to the community to protect the legal rights of students, this manual is designed to provide the legal information New York state parents and professionals need in order to become more effective educational advocates. It is not intended as a definitive legal resource, but rather as a guide for structuring a legally sound argument to…

The author points out that although parents have the right to due process as mandated by P.L. 94-142 (the Education for All Handicapped Children Act), the schools have the advantage over parents in terms of time, money, resources, and determination. Findings from a national survey of due process hearings included that hearings are requested for…

The literature review addresses the assessment, placement, treatment, and employment rights of the handicapped in relation to their implications for teachers, administrators, and university personnel. Assessment is considered in terms of eligibility criteria/definitions of handicapping conditions, responsibility for assessment, fair and…

The movement of the disabled and disadvantaged from charity to rights is described, and laws defining and applying to these individuals are reviewed. Specific attention is given to the socially and economically disadvantaged, including minority ethnic groups, the offender, and the poor, and to the mentally and physically disabled, including the…

Confidentiality issues in cooperative relationships between schools and agencies providing services to children and families with special needs are examined. Introductory sections consider the need to share information and the nature of confidentiality restrictions. A section on overall information sharing considers: when to address the…

Understanding prospective employees' rights (under the 1964 Civil Rights Act and other federal legislation prohibiting discriminatory practices) can help principals protect themselves, their schools, and their districts from litigation. Scenarios are described, along with permissible staff-selection steps: position analysis, recruitment,…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

This review article examines judicial pronouncements on the law of higher education during 1993. It focuses on cases addressing institutional powers, the First Amendment, invasion of privacy, tort liability, immunities, access to records and meetings, funding, employment, adverse disciplinary decisions, and student discrimination. (MDM)

This annual report of the National Council on Disability surveys major legal and policy developments during the year 2002 and offers recommendations for legal/policy measures and for research. The first chapter identifies legal and policy issues that cross traditional areas, focusing on six themes: (1) the mainstreaming of disability issues; (2)…