Suggests guardianships of the elderly are determined in an informal manner that may not afford the aged the full benefit of due process. Describes a manual to help educate the guardian ad litem about the elderly and about how they can make proceedings more formal and adversarial in nature. (Author/RC)

The principles and objectives of the due process clause are explored and operational criteria constructed as a result of the court's decision in the Horowitz case. It is argued that the court abandoned the underlying principles in this case. (Journal availability: Fred B. Rothman & Co., 10368 W. Centennial Road, Littleton, CO 80123, $4.00.)…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The National Collegiate Athletic Association (NCAA) infractions-appeals committee has eased some penalties imposed by the association on colleges and universities for rules infractions, and the infractions committee itself has expanded institutions' due-process rights by allowing institutions more time to answer charges. (MSE)

The Individuals with Disabilities Education Act requires school districts to offer each student with disabilities a free and appropriate education (FAPE) in the least restricted environment. Circuit courts are split over FAPE damages. This article discusses cases where FAPE damages under IDEA have been denied and where they have been awarded. (MLH)

The purpose of this simulation is to develop in students an awareness of a fundamental legal principle: that procedure is the essence of justice. (Author)

This project was implemented in 1982 as a result of legal action taken against the Texas Department of Human Resources (DHR) by clients of child protective services (CPS) who alleged that they were not given notice of all services available or of their right to a fair hearing. The goal of the project was to determine whether special fair-hearing…

The proceedings of a 1985 House of Representatives hearing to amend Section 615 of the Education of the Handicapped Act are presented. The hearing focused on questions of paying for attorneys fees in special education due process decisions. Statements are presented by representatives of policy makers, parents, and professional associations…

Discusses the fourth amendment (providing protection against "unreasonable" searches and seizures) and its application in educational administration. (PG)

Attorneys are ethically bound to serve the interests of their clients. When a school board's attorney serves as advisor to the board during a hearing in which the administration or the board itself is a party in the dispute, an important question is raised: Does the attorney's participation violate ethics or due process? This article discusses…

This document addresses the question of students being put into a position of double jeopardy--if they commit a civil offense, they are subject not only to trial by the public courts but are also subject to punishment by their educational institution. As a general rule, colleges and universities should not prosecute students for acts subject to…

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

The author reviews cases involving suspension and expulsion from school of handicapped students. The role of procedural safeguards is considered. Differences between approaches of the office of Civil Rights and the Bureau of Education for the Handicapped are examined. (CL)

The NCAA has enjoyed almost total freedom from judicial scrutiny of its rules, procedures, and official acts in large part because of its private nature as an unincorporated association. The function of the NCAA, California State University, Hayward v NCAA, and due process of the student-athlete are discussed. (MLW)