A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

Work-integrated learning (WIL) is a risky business in higher education. The strategic opportunities that WIL presents for universities cannot be achieved without taking on unavoidable legal risks. University lawyers are involved with managing the legal risks as part of their internal delivery of legal services to universities. It is important to…

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…

Changes to the Individuals with Disabilities Education Improvement Act (Public Law 108-446) (now known as the Individuals with Disabilities Education Act of 2004: IDEA) mandated new requirements for providing discipline to students with disabilities. These changes led to simplified procedures when students with disabilities commit infractions of…

Traces the legal arguments and decisions in "Smith vs. Robinson," which resulted in a U.S. Supreme Court decision disallowing the award of attorney's fees to successful plaintiffs claiming rights under the Education for All Handicapped Children Act. Notes implications of and reactions to the Supreme Court decision. (PGD)

This review of case law on aversive interventions for students with disabilities identifies legal boundaries and protections for students in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. It finds that, despite the emergence of positive interventions, qualified support for aversive interventions…

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…

Less than half the nation's gifted students are placed in appropriate educational settings. The Javits Gifted and Talented Students Act acknowledges the need for special programs for these children, but doesn't mandate their creation. The legal status of programs for the gifted contrasts sharply with those for children in special education. This…

As a service to the community to protect the legal rights of students, this manual is designed to provide the legal information New York state parents and professionals need in order to become more effective educational advocates. It is not intended as a definitive legal resource, but rather as a guide for structuring a legally sound argument to…

The second of two articles on suits against principals first discusses student civil rights, including student searches, suspension (especially of handicapped students), and corporal punishment, and suggests what principals can do. The article also covers defamation of character suits, child abuse reporting, and principals' liability insurance.…

In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…

While the due process provisions within PL 94-142 are designed to protect the rights of handicapped children and their parents regardless of costs, this study suggests that Congress' original intentions are not being realized. Findings disclosed enormous cost differences (especially person hour costs) among due process hearings. Includes two…

Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

This book is intended to provide educators with quick but authoritative answers to special education law and to provide attorneys with preliminary information prior to more extended explorations of special education law and practice. The book is organized in a question-and-answer format. Although dealing primarily with the Individuals with…