This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…

Various legal methods, such as copyright, trade secret, and patent law, protect proprietary rights in computer software. Users of this software must respect these rights or face infringement lawsuits. (TE)

Discusses how convergence of communication technologies, computers, and broadcast media has given birth to cyberspace challenges to many traditional jurisprudential assumptions, based until now on two-dimensional models of physical presence and space. Discusses legal issues raised by the Internet in areas such as the appropriateness of regulation,…

The problem of unauthorized computer software duplication impedes the production of upgraded products by software developers, who find thousands of illegal computer program copies have been made by customers who either innocently believe they are doing nothing wrong, or simply choose to ignore the law. Unauthorized duplication and use of software…

Discussion of highly publicized regulatory problems and legal settlements involving colleges and universities leads to a proposed five-step process for improving an institutional compliance structure. Steps include selecting the compliance officer, determining appropriate reporting relationships, setting up the committee/council structure,…

The growth of government involvement in higher education has brought with it a host of problems that call for legal skills. In lawmaking, rule-making, or litigation, lawyers can be of substantial aid to institutions that seek intelligent influence over government actions involving education. (Author/MLW)

Colleges and universities are generally subject to new penalty excise taxes under the Internal Revenue Service (IRS) code on charitable and educational organizations. The law and proposed regulations are explained, with specific attention to how the rules apply to colleges and universities and how these institutions can best protect themselves…

Provides an overview of copyright regulations and examines issues of special concern for distance educators, including ambiguities in fair-use regulations. Notes rules concerning exclusive rights of copyrights holders, fair-use provisions, factors used to determine fair-use eligibility, and exemptions for "face-to-face" instruction. Provides…

Various aspects of the use of copyrights for computer programs are discussed including: the history of copyright protection for programs, applications of the Copyright Revision Act of 1976, rights of the copyright owner, formalities for acquiring copyright protections, and enforcing the copyright. (BH)

Looks at the history of fair use of copyright-protected works, from concerns about photocopying to emergence of early guidelines, opposition, and continuing struggles to interpret the Copyright Act of 1976. Argues that no current fair use guidelines have the force of law; indeed, the law is a less complex measure than most guidelines. Recommends a…

Proposed changes to patent law that would seriously affect university research administration are evaluated. These concern changing award of patent rights from the "first person to invent" to "first person to file patent application," establishing exemption from liability for infringement in some cases, and establishing a simplified provisional…

Controversy over Title IX of the Education Amendments of 1972 is reviewed, tracking the statue from enactment through recent judicial and legislative activity. Topics discussed include the effects of judicial interpretation of administrative regulations, public debate concerning the law's regulation and enforcement, rise in special interest groups…

The complexity of the question of retransmission by cable systems (CATV) of broadcasts containing copyrighted programs is reviewed with regard to the new copyright law. Economic, legal, and regulatory issues are considered. For journal availability see HE 509 045. (LBH)

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)