In this article, we discuss conflict between law and science relative to the presumption in special education law that multidisciplinary teams and others identify the causes of problems giving rise to special education needs. First, we explain eligibility criteria, highlighting ambiguities therein and why criteria constitute a mandate for causal…

In recent years the rights and responsibilities of students who have disabilities have received considerable attention. Professors routinely accommodate students with a front-row seat in class or extended time on an examination. Faculty members who have disabilities have received far less attention. This report from a subcommittee of Committee A…

When Congress decided that Title IX applied to sports, the Department of Health, Education, and Welfare (HEW) was required to develop regulations for enforcing equality in athletic programs. HEW's guidelines, the federal government's enforcement of the guidelines, and the impact of Title IX on women's athletics are discussed. (SR)

Defines and discusses libel and slander and offers practical recommendations for counselors. Advises counselors to remember professional guidelines and implications of several important court cases dealing with this issue. Offers specific guidelines developed by the American School Counselor Association to help counselors avoid legal problems.…

Removal of school library books is again an issue in the courts. In a 1993 Kansas City case involving the superintendent's removal of "Annie on My Mind" from several school libraries, the federal court found that school officials' motivation violated the First Amendment. Administrators must resist the temptation to quell controversy by…

This monograph analyses the functions of the prosecutor in the juvenile system. The authors examined in detail the existing prosecution system in the Boston Juvenile Court and surveyed procedures in a number of other cities. The findings show a wide disparity in practice and in the quality of justice dispensed. For example, in the Boston sample…

An examination of disciplinary guidelines indicates that school officials are held to a higher standard of proof in disciplinary proceedings involving students with disabilities. Principals have considerable leeway for short-term disciplinary exclusions, and for excluding any students bringing firearms to school. Preventive measures are best for…

The booklet prepared by the State-Federal Information Clearinghouse of the Council for Exceptional Children uses data from pending and completed court cases to explain how to employ litigation to achieve positive change for the handicapped. Situations in which litigation is thought to have been appropriate and useful are instanced. The following…

Analyzes the body of employment discrimination law as interpreted by the U.S. Supreme Court and reviews the rules of evidence that have been used by the Court in establishing a showing of discriminatory intent by an employer. Available from: Commerce Clearing House, Inc., 4025 West Peterson Avenue, Chicago, Illinois 60646. (JG)

Recent studies indicate that sexual harassment in schools is pervasive. Verbal harassment (degrading epithets, comments, and allusions) is most prevalent, but girls are also disturbed by physical manifestations. Harassing behavior affects school atmosphere and students' educational choices. Issues involving cultural diversity, free speech, false…

Part 1 of this article describes and analyzes American child custody law and the underlying judicial standards used to resolve custody disputes; part 2 discusses the basic indeterminancy of present legal standards; and part 3 explores the possibility of developing less discretionary legal standards for the judicial functions of child protection…

Suggests guardianships of the elderly are determined in an informal manner that may not afford the aged the full benefit of due process. Describes a manual to help educate the guardian ad litem about the elderly and about how they can make proceedings more formal and adversarial in nature. (Author/RC)

Guidelines and recommendations are presented for protecting the educator from charges of negligence. (MJB)

Presents a summary of guidelines for the use of electronic mail (e-mail) and examines legal issues and existing law governing electronic communication. The Electronic Communications Privacy Act of 1986 is discussed, lawsuits involving e-mail are described, and the future of e-mail privacy is considered. (11 references) (LRW)

This packet is designed to assist legal services offices in challenging fees assessed for textbooks, student activities, materials, or similar items. The material includes (1) draft paragraphs for a complaint in a Federal or State court; (2) excerpts from a brief submitted to the U.S. Supreme Court in support of a petition for writ of certiorari…