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Alquraini, Turki Abdullah – Journal of Research in Special Educational Needs, 2013
The lack of clear language in the Individuals with Disabilities Education Act (IDEA), which is the federal law that governs the provision of special education and related services to children with disabilities in the USA, has led to inconsistencies in school districts' decisions regarding the least restrictive environment (LRE). This uncertainty…
Descriptors: Legal Problems, Federal Legislation, Educational Legislation, Mainstreaming
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Nagano, Mayumi; Weinberg, Lois A. – International Journal of Special Education, 2012
Japan faces an educational challenge even after the start of a new special education system (Tokubetsushienkyouiku). This article addresses the legal framework of the special education system in Japan and analyzes the issues needed to be addressed to reinforce the inclusion of children with disabilities in public regular school settings. The…
Descriptors: Disabilities, Inclusion, Special Education, Foreign Countries
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Laski, Frank; Balow, Bruce – Career Development for Exceptional Individuals, 1981
The legal implications of exclusionary practices, integration, and program adjustments, modification, and supplementary services for special needs students in vocational education are discussed. In reply, B. Balow does not foresee the courts attempting to judge which technology should be used with handicapped students. See also EC 133 816-823. (CL)
Descriptors: Ancillary School Services, Court Litigation, Court Role, Disabilities
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Huefner, Dixie Snow – Educational Administration Quarterly, 1994
School administrators are caught between the special education requirements of a free appropriate education and the mainstreaming preference embodied in federal law. This article analyzes circuit court cases and explains four overlapping judicial standards that influence mainstreaming decisions. Administrators should avoid blanket-separation and…
Descriptors: Administrator Responsibility, Court Litigation, Delivery Systems, Disabilities
Applied Management Sciences, Inc., Silver Spring, MD. – 1980
The study examined standards applied by judges and hearing officers in deciding disputes related to the least restrictive environment (LRE) placement of handicapped children. The historical basis of the requirement is reviewed, focusing on court decisions; the requirements of P.L. 94-142, the Education for All Handicapped Children Act regarding…
Descriptors: Compliance (Legal), Court Judges, Court Litigation, Disabilities
Kowal, Sharon A., Comp. – 1978
The document identifies the legal issues arising from the Education for All Handicapped Children Act (P.L. 94-142) and Section 504 of the Rehabilitation Act of 1973, and indicates how the courts are handling these issues. Annotations on court cases are arranged in major categories: free appropriate public education, placement in the least…
Descriptors: Civil Liberties, Court Litigation, Discipline, Due Process
Splitt, David A. – Executive Educator, 1986
The U. S. Court of Appeals ruled that District of Columbia schools had not followed procedural requirements for the Education for All Handicapped Children Act. The Texas Supreme Court upheld the "no pass-no play" rule that requires students participating in extracurricular activities to meet academic criteria. (MLF)
Descriptors: Academic Achievement, Compliance (Legal), Court Litigation, Due Process
Gale, Stephen B.; Harkins, Seth B. – 1987
Twelve years have elapsed since Public Law 94-142, the Education for All Handicapped Children Act (EAHCA), was passed by Congress. This paper accordingly reviews the far-reaching effects of EAHCA on the educational enterprise, focusing on the legal, administrative, and instructional challenges of disciplining handicapped students in a…
Descriptors: Behavior Modification, Compliance (Legal), Court Litigation, Diagnostic Teaching
Edmister, Patricia; Ekstrand, Richard E. – 1985
The paper reviews aspects of preschool special education from three perspectives: (1) existing federal and state laws, (2) the state of the art, (3) legal decisions and implications. Discretionary interpretations of the Education for All Handicapped Children Act of 1975 and the Rehabilitation Act of 1973 (Section 504) regarding preschool special…
Descriptors: Court Litigation, Disabilities, Equal Education, Federal Legislation
Brulle, Andrew R.; Barton, Lyle E. – 1980
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…
Descriptors: Behavior Modification, Civil Liberties, Court Litigation, Definitions
Scofield, Faith, Ed. – 1980
The instructional units are designed for use by preservice regular education teachers to cover educating handicapped students in the least restrictive envirionment. The first series of units deal with teacher's communication skills. Objectives and enabling activities are listed as well for awareness and attitudinal factors. The bulk of the…
Descriptors: Court Litigation, Curriculum Guides, Disabilities, Elementary Secondary Education
Drowatzky, John N. – 1980
A summary is presented of some of the ways that judicial decisions and laws have an impact on higher education and on public education. The sources of legal obligation that impose duties and responsibilities on teachers are discussed. These are: common law, contractual obligations, state laws, and federal laws. The legal definitions are given of…
Descriptors: Accountability, Contracts, Court Litigation, Educational Malpractice
Connors, Eugene T.; Vacca, Richard S. – 1981
The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin…
Descriptors: Compliance (Legal), Court Litigation, Educational Malpractice, Educational Needs
Rhode, Deborah L. – 1982
Most educational reform cases proceed as class actions in which there is no single aggrieved plaintiff with clearly identifiable views, but rather an aggregation of individuals, often with conflicting preferences. This paper explores the problems presented in educational reform class actions where plaintiffs disagree over the remedial objectives…
Descriptors: Busing, Civil Rights, Court Litigation, Courts
Ballard, Joseph, Ed.; And Others – 1982
The text presents six chapters on the legal and governmental bases of special education. In the Introduction, F. Weintraub and J. Ballard cite the legislative and litigative history of P.L. 94-142, the Education for All Handicapped Children Act, and briefly address information sources on such policy issues as procedural safeguards, underserved…
Descriptors: Civil Rights, Court Litigation, Disabilities, Due Process
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