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Peer reviewedBudoff, Milton; And Others – Exceptional Children, 1981
The article examines the issues raised by 51 Massachusetts due process appeals in which parents of handicapped children appealed for more appropriate placements within the public schools. Results are discussed in terms of identification issues, issues related to educational or related services, and placement. (DB)
Descriptors: Disabilities, Disability Identification, Due Process, Elementary Secondary Education
Peer reviewedPugach, Marleen C. – Journal of Special Education, 1985
Interviews with 39 classroom teachers regarding referral practices revealed disparities with federal policy regarding protections to assure fairness in the identification and placement process. Policy alternatives are posed. (CL)
Descriptors: Disabilities, Disability Identification, Due Process, Educational Policy
Peer reviewedMcCarthy, Martha M. – Harvard Educational Review, 1983
The author considers the legality of minimum competency testing diploma requirements applied to the handicapped in light of (1) their constitutional and statutory rights to nondiscriminatory treatment, (2) their statutory right to an appropriate education, and (3) their constitutional right to substantive and procedural due process. (Author/SSH)
Descriptors: Civil Rights Legislation, Constitutional Law, Disabilities, Disability Discrimination
Kreger, Robert D. – 1982
A listing of resources is presented for parents of handicapped children. Resources are categorized according to the following types: programs, organizations, products, and additional resources; federally funded programs; national parent organizations; local parent training; and handbooks, book lists, and media. Entries are organized according to…
Descriptors: Autism, Disabilities, Due Process, Early Childhood Education
Peer reviewedWarboys, Loren M.; Shauffer, Carole B. – Remedial and Special Education (RASE), 1986
The article discusses problems that may arise in relation to identification, evaluation, Individualized Education Programs, related services, and due process protection for inmates eligible for special education. Problems include failure to identify and evaluate adequately and issues related to discipline, suspension, and exclusion. (Author/CL)
Descriptors: Correctional Education, Delinquency, Disabilities, Disability Identification
North Dakota State Dept. of Public Instruction, Bismarck. Div. of Special Education. – 1999
These guidelines are intended to assist North Dakota educators in locating, identifying, and evaluating children and youth with special educational needs. They provide detailed information regarding required practices and recommended procedures in the areas of public awareness, child find, screening, referral, and the complete evaluation process.…
Descriptors: Disabilities, Disability Identification, Due Process, Educational Legislation
Peer reviewedSwann, Will – British Journal of Special Education, 1989
An educator criticizes the appeals process provided for in the 1981 British Education Act for parents of children with special educational needs. Noted are discriminatory features of the provision, a common lack of independence by the hearing committee, and the limited authority of the Independent Panel of Special Education Experts. (DB)
Descriptors: Child Advocacy, Decision Making, Disabilities, Disability Discrimination
Peer reviewedScandary, Jane – Teaching Exceptional Children, 1981
Intended for the classroom teacher asked to appear as a witness in a due process hearing under P.L. 94-142 (the Education for All Handicapped Children Act), the article describes due process hearings, notes the teacher's role and responsibilities, reviews the settings and procedures of a hearing, and gives guidelines for preparing testimony. (DB)
Descriptors: Disabilities, Due Process, Hearings, Teacher Role
Peer reviewedRichman, Daniel A. – DePaul Law Review, 1978
In Gurmankin v. Costanzo a U.S. District Court held that a policy of not considering handicapped persons for teaching positions violated the due process clause of the Fourteenth Amendment because it contained an irrebuttable presumption that the handicapped are not competent to teach. The doctrine of irrebuttable presumption is analyzed. (BH)
Descriptors: Constitutional Law, Court Doctrine, Disabilities, Disability Discrimination
Kost, Joan B. – 1980
An educational advocate and parent of a hearing impaired child discusses her role. She cites the need for advocacy and briefly mentions problems with due process cases in Pennsylvania. She lists techniques for individual advocacy (such as an advocacy record of parent-school negotiations and school records) as well as for systemwide advocacy…
Descriptors: Child Advocacy, Disabilities, Due Process, Legal Problems
North Carolina State Dept. of Public Instruction, Raleigh. Div. for Exceptional Children. – 1996
This document presents North Carolina regulations governing educational programs and services for children with special needs. Individual sections cover the following areas: definitions; identification, screening, evaluation and placement; observation; initial conference prior to school-based or preschool transition/placement committee referral;…
Descriptors: Confidentiality, Disabilities, Disability Identification, Due Process
New York State Education Dept., Albany. Office of Vocational and Educational Services for Individuals with Disabilities. – 1997
This report outlines New York state's plan for vocational rehabilitation and supported employment services for federal fiscal years 1998-2000. Part 1 provides affirmative statements assuring that programs will be administered consistent with federal laws and regulations. Changes resulting from the federal regulations implementing the 1992…
Descriptors: Adults, Agency Cooperation, Disabilities, Due Process
Santa Maria, Karen – 2001
Designed for parents, this brochure uses a car-trip analogy to describe special education services for students with disabilities. It addresses: (1) child find; (2) initial evaluation and eligibility determination; (3) categories of students who receive special education services and related services; (4) creating a home file to organize…
Descriptors: Disabilities, Disability Identification, Due Process, Elementary Secondary Education
Peer reviewedEkstrand, Richard E.; Edmister, Patricia – Exceptional Children, 1984
The article offers practical thoughts on mediation to school systems involved in disagreements related to implementation of the Education for All Handicapped Children Act. The authors recommend training programs for mediators as well as for participants in mediation sessions, individualized education program meetings, placement meetings, and due…
Descriptors: Arbitration, Disabilities, Due Process, Elementary Secondary Education
Salend, Spencer J.; Zirkel, Perry A. – Education and Training of the Mentally Retarded, 1984
This article proposes and discusses improvements in due process procedures based on two sources: empirical findings in the education literature and importable practices from labor arbitration and civil adjudication. (Author/CL)
Descriptors: Arbitration, Disabilities, Due Process, Elementary Secondary Education


