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ERIC Number: ED305708
Record Type: Non-Journal
Publication Date: 1988
Pages: 32
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Handicapped.
Cambron-McCabe, Nelda H.
Litigation of handicapped students' and employees' rights showed a significant increase in 1987. The increase can be attributed primarily to the filing of a substantial number of cases to obtain attorneys' fees following the enactment of the Handicapped Children's Protective Act in 1986. Two major issues were raised in these cases: the availability of attorneys' fees for administrative hearings and the constitutionality of the retroactive application of the law. In a widely publicized case, the United States Supreme Court ruled that a teacher suffering from the contagious disease of tuberculosis was a "handicapped individual" within the meaning of section 504 of the Rehabilitation Act. While the Court did not address whether a person who is simply a carrier of a contagious disease is handicapped, the case will undoubtedly be paramount in interpreting the rights of victims of the acquired immune deficiency syndrome (AIDS). Cases are summarized under the following topics: (1) entitlement to services; (2) procedural safeguards; (3) placement; (4) related services; (5) discipline; (6) remedies; (7) statute of limitations; (8) state law; and (9) discrimination under the Rehabilitation Act, section 504. (MLF)
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Education of the Handicapped Act Amendments 1986; Handicapped Childrens Protection Act 1986; Rehabilitation Act 1973 (Section 504)
Grant or Contract Numbers: N/A
Author Affiliations: N/A