This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

One of a series designed to help Florida school districts provide special programs for exceptional children, the training packet is intended to be used in a 2-day training session for school bus drivers who transport handicapped students. The manual includes a brief introduction to five disability areas (physical impairments, visual impairments,…

This brief overview of minimum competency testing and disabled high school students discusses: the inclusion or exclusion of handicapped students in minimum competency testing programs; approaches to accommodating the individual needs of handicapped students; and legal issues. Surveys of states that have mandated minimum competency tests indicate…

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…

While the due process provisions within PL 94-142 are designed to protect the rights of handicapped children and their parents regardless of costs, this study suggests that Congress' original intentions are not being realized. Findings disclosed enormous cost differences (especially person hour costs) among due process hearings. Includes two…

Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…

Offers as brief overview of the 1990 Americans with Disabilities Act (ADA), intended to protect disabled individuals against discriminatory practices in employment. Discusses implications for educators of three Supreme Court decisions dealing with the ADA, and offers 10 guidelines to ensure that the intent of the ADA statute is followed by school…

The paper analyzes issues in bilingual special education and identifies knowledge gaps in the provision of appropriate education to exceptional minority students. The legal bases of bilingual education and special education are reviewed and the intersection of legal issues in bilingual special education is noted. Definitions of the population are…

Truth in testing, competency testing, and intelligence tests constitute the central topics of this newsletter. The authors review a report prepared by the Education Commission of the States on truth-in-testing legislation and litigation, covering recent efforts at the state and federal levels to open the testing process to public scrutiny. They…

The number of students with disabilities entering higher education continues to increase, and there is a concomitant rise in the number of disability accommodation grievances filed in institutions, with the U.S. Office of Civil Rights, and through the legal court system. It is important that faculty members know about disability law. Faculty…

These four newsletters contain articles and columns on legal issues of interest to private colleges and universities (particularly those related to the United Methodist Church). Feature articles include: (1) "Administrators and Authority: Who Obligates the College?" which focuses on the conditions under which conflicts over alleged…

Increased efforts to aid the community adjustment of mentally retarded (MR) adults are encouraged through discussions of the social background of mental retardation, the effectiveness of current educational provisions for the MR, legal barriers to marriage, and social and vocational adjustment problems of MR adults. (GW)

Reviews the historical background of educating the handicapped; presents the general features of the Education for All Handicapped Children Act, including funding, enforcement remedies, and procedural rights; and discusses issues raised by the law. (MLF)

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.…

A court case in which a dyslexic medical student was dismissed from medical school because he was unable to pass multiple-choice examinations is discussed, and its implications for higher education are examined. Standards in the Rehabilitation Act of 1973 are considered, and recommendations are made for institutions admitting handicapped students.…