A study of 38 letters of finding examined the involvement of the Office for Civil Rights (OCR) in gifted education from 1992-95. Results indicate a majority of complaints handled by OCR involved minority access to gifted programs and an increase in the complaints involving gifted students with disabilities. (CR)

Discusses the case of an 8-year-old boy with Attention Deficit Hyperactivity Disorder, problem behavior, and good grades, who was denied eligibility for special education under IDEA's "other health impaired" clause and Section 504. The court "ducked" on the parent's second claim concerning level of services available under…

Analyzes case law on the denial of tenure after a review. Addresses the following issues: due process, access to reviewed materials and deliberations, authority of the ultimate decision-makers, claimed violations of civil rights, liability claims, and quests for damages. Presents recommendations for making higher education policies and practices…

Advocates the use of criminal prosecution of pregnant women who abuse illegal substances. Discusses the views that use of drugs is a form of illness and that pregnant women should be exempt from laws. Concludes that court supervision and sanctions can improve treatment. Argues that punishment and treatment need not be mutually exclusive and…

Since the "May" and "Gregoire" decisions, school boards must be aware of the courts' change to a more expansive view of free speech. Unless it is clearly a religious service, rite, or ceremony, what was once considered a religious activity (for example, Bible-reading) may now be considered free speech protected by the First…

Discusses legal and ethical issues surrounding methods of news-gathering, including undercover reporting, misrepresentation of the reporter's identity, fabrication, and plagiarism. Maintains that high school reporters should search out and follow guidelines for their information-seeking methods. (SR)

The Federal Government has pushed employers to establish programs to test applicants and employees for drug use. The accompanying articles discuss legal barriers to drug testing and test administration and practical problems that limit the feasibility of drug testing and carry with them potential legal problems. (MLF)

Controversy over the use of corporal punishment is a major issue in United States schools. In view of the uncertain status of corporal punishment, 10 costly mistakes that may risk lawsuits or criminal charges and ways to avoid them are described. (SI)

Discusses issues in the adjudication of child sexual abuse allegations and reviews research about the believability of child witnesses. It also examines accommodations for children that could assist the child witness and encourage accurate testimony, while continuing to protect the rights of the accused. Criminal, juvenile, and divorce court…

School administrators are caught between the special education requirements of a free appropriate education and the mainstreaming preference embodied in federal law. This article analyzes circuit court cases and explains four overlapping judicial standards that influence mainstreaming decisions. Administrators should avoid blanket-separation and…

Examines liability issues for academic libraries=FE student workers. Discussion includes staff training; hiring practices; supervision; negligence; emergency procedures; the use of reasonable care; and knowledge of library rules. Specific nonlibrary liability cases are cited as examples of the importance of employee screening, training, and danger…

This article discusses the nature and extent of the problem of sexual abuse in community programs that serve people with mental retardation, as well as differing judicial approaches in assessing their ability to consent to sexual relations. Potential sources of provider liability for harm caused to program participants are explained. (Author/DB)

Laws governing university ownership of paleontological specimens and resources, and attempts by the federal government to claim ownership, are discussed. A 1993 court case and its implications for universities are reviewed; and current statutes, regulations, and proposed legislation are examined. Guidelines for university paleontologists in…

A Michigan court has ruled that a Wayne State University (Michigan) chemistry professor appropriated a trade secret from a Massachusetts chemist for whom he was consulting and incorporated it into his own patent application, violating a written agreement. The university contends its pursuit of the patent was not improper. (MSE)

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…