In an Alabama court decision ("Mason v. Teague") the standards for choosing hearing officers are interpreted in a manner that restricts the availability of due process hearing officers in special education disputes involving handicapped students and the administration of the All Handicapped Children Act of 1975. (MD)

Seeking to inform hearing officers in Oregon of due process procedures in cases involving handicapped students, this handbook describes the rights and obligations of parents and school districts, the legal basis for such hearings, and the steps involved in the conduct of hearings. The handbook affirms the rights of parents to inspect and copy…

Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)

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…

This paper examines objective and subjective fairness of due process hearings in special education disputes and reports findings from a study of parents' and school officials' subjective experience of the fairness of their hearings. Results showed that neither school officials nor parents felt positively about the experience. (Author/JDD)

The constitutional basis for laws concerning rights of the handicapped lies in the Fourteenth Amendment's equal protection and due process clauses. Recent litigation has been based on Section 504 of the 1973 Rehabilitation Act, P.L. 94-142. Significant court decisions affecting education have been handed down in five areas. Regarding right to free…

Employment rights of the handicapped are examined in this collection of symposium papers. Addressed are: procedural aspects of plaintiff litigation, job relatedness and bona fide occupational qualification doctrines, plaintiff's private right of action, arbitration, insurance, state fair employment legislation, and federal and constitutional…

As of the fall of 1984, 40 states had by state mandate adopted some form of student minimum competency testing; 19 are or will be using test performance for the award of high school diplomas. In the other 10 states, local initiatives had implemented such testing programs on the school district level. Five states were using competency tests to…

The "Declaration of Independence" guarantees Americans the right to life, liberty, and the pursuit of happiness. However, these rights have not been uniformly available to all citizens. Individuals with disabilities, for example, have received unequal treatment and have been victims of both intentional and unintentional discrimination.…

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…