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)
Descriptors: Acquired Immune Deficiency Syndrome, Ancillary School Services, Compliance (Legal), Court Litigation, Disabilities, Disability Discrimination, Due Process, Educational Responsibility, Elementary Secondary Education, Employer Employee Relationship, Lawyers, Legal Costs, Legal Problems, Legal Responsibility, School Law, School Responsibility, Special Education, Student Rights
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