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Peer reviewedCole, Michael T. – Journal of Law and Education, 1975
The equal protection and due process clauses of the Fourteenth Amendment both offer protection to the student who is denied an education for a lengthy period. If a student shows that he no longer threatens substantial disruption of the educational process, he must be readmitted. (Author)
Descriptors: Discipline, Due Process, Elementary Secondary Education, Equal Protection
Peer reviewedSacken, Donal M. – Journal of Law and Education, 1987
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)
Descriptors: Childrens Rights, Court Litigation, Disabilities, Due Process
Peer reviewedBurns, Daniel J. – Journal of Law and Education, 1981
Truth in testing laws are subject to challenge on the grounds that they invade federally protected rights and interests of the test-makers through the due process clauses of the Constitution and federal copyright protections. (Author/MLF)
Descriptors: Copyrights, Court Litigation, Due Process, Elementary Secondary Education
Menacker, Julius – Phi Delta Kappan, 1981
Discusses some Supreme Court rulings that affect the rights of students and teachers. Includes discussion of the balancing test, due process, and equal protection. Offers five principles to guide administrators in interpretating the legal ramifications of school policy. (Author/WD)
Descriptors: Administrator Responsibility, Court Litigation, Due Process, Elementary Secondary Education
Peer reviewedRossow, Lawrence F. – Journal of Law and Education, 1984
Reviews the lack of student suspension research and defines due process. Presents statistical data on racial, gender, and social class discrimination in relation to suspensions. Schools need to review policies on due process, fair warning, proportionality and equal application, and nondiscrimination in relation to student suspensions. (MD)
Descriptors: Due Process, Elementary Secondary Education, Equal Protection, Racial Discrimination
Peer reviewedShea, Thomas E. – Journal of Law and Education, 1977
Descriptors: Ability Grouping, Court Litigation, Definitions, Due Process
Peer reviewedFlygare, Thomas J. – Journal of Law and Education, 1974
Examines the procedural due process challenge to short-term suspensions. (Author)
Descriptors: Discipline Policy, Due Process, Elementary Secondary Education, Equal Protection
Oregon State Dept. of Education, Salem. – 1980
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…
Descriptors: Disabilities, Due Process, Elementary Secondary Education, Equal Protection
Peer reviewedBaugh, James R. – Idaho Law Review, 1978
This article is concerned with the constitutional guarantee of equal educational opportunity and describes the federal statutes that form the core of a growing body of civil rights legislation on behalf of handicapped people's rights to appropriate and equal education. Available from Idaho Law Review, College of Law, University of Idaho, Moscow,…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Equal Education
Peer reviewedMenacker, Julius – West's Education Law Reporter, 1991
In "Fumarolo v. Chicago Board of Education," the Illinois Supreme Court invalidated the Chicago School Reform Act because it violated the one-person, one-vote principle when several school administrators were summarily deprived of tenure by parent-dominated school councils. However, due process concerns for the deposed administrators…
Descriptors: Administrators, Court Litigation, Dismissal (Personnel), Due Process
Peer reviewedAlexander, Kern – Journal of Education Finance, 1981
Considers the utility of the due process clause as a basis for challenging policies of educational finance that result in variations in per pupil revenues. (WD)
Descriptors: Civil Rights, Court Litigation, Due Process, Elementary Secondary Education
Hamm, John – 1990
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…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Due Process
Tractenberg, Paul L. – Phi Delta Kappan, 1976
Discusses written and unwritten tests of teachers and such issues as due process, equal protection, and test validity. (IRT)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Employment Qualifications
Peer reviewedMcClung, Merle – Journal of Law and Education, 1974
Children with behavior disorders are difficult to educate, but exclusion from school is legally questionable, educationally irresponsible, and socially self-defeating. (Author/DW)
Descriptors: Behavior Problems, Due Process, Elementary Secondary Education, Equal Protection
Turnbull, H. Rutherford, III – 1975
A major legal development in the 1970s has been the extension of the principle of egalitarianism to the developmentally disabled, particularly the mentally retarded. The principle that all persons, however unequal they may be in terms of their development, should be treated equally in the sense of being granted equal opportunities has been…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Emotional Disturbances


