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…

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,…

Argues that, in dealing with the rights of minorities, the Supreme Court has read the Fourteenth Amendment in a way contrary to the intent of those who framed the Constitution. Available from the South Carolina Law Review, University of South Carolina School of Law, Columbia, South Carolina 29208; $13.00/year. (IRT)

Since Congress has enacted no statutes of limitations for the governance of claims brought under the older civil rights acts, various state limitation provisions must be applied. Aspects of the problem of uncertainty are examined, and several means of resolution are suggested. (LBH)

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 examination of the trends in education of the handicapped may seem to indicate that education of the handicapped is now ensured and certain to be appropriate. However, even Public Law 94-142 has inadequacies. It is likely that further legislation and litigation are on the horizon. (Author/IRT)

The implementation of any competency testing program must take into consideration the due process clause and the Equal Protection clause of the Fourteenth Amendment. Examples of the violation of the due process clause would be to implement a testing program without adequate notice or to cover material not taught. Instructional validity must be…

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

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…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

This book, written in simple language, explains the Canadian Human Rights Act and how and when it can be used to assist individuals with mental handicaps. The book is designed to help people learn their rights as citizens of Canada and learn that if something wrong is done to them they can do something to change it. It explains what human rights…

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

This guide provides a survey of those laws that directly affect the child with attention deficit disorder (ADD), with or without hyperactivity. The guide addresses three general classes of rights: (1) civil rights (for example, the right to equal treatment and opportunity under the law); (2) the right to society's support in educational services…

Factors affecting the acceptance by the courts of teacher employment policies involving competency testing are examined in this report. Policies in 55 states and territories are considered, and the wide variations among the policies and court interpretations of them are noted. Particular attention is paid to constitutional provisions regarding…

The Commonwealth of Massachusetts has had a competency-based vocational instructor approval process for more than two and one-half decades. Perhaps the most important element in this process has been the vocational competency testing. Although some say that Massachusetts is out of step, others feel that Massachusetts has a well-established testing…