Considers action's impact and intent as proof; analyzes language, purpose, and legislative history of civil rights statutes; and concludes that the Supreme Court will likely require proof of intent to sustain a prima facie case of discrimination. Available from San Diego Law Review Association, University of San Diego School of Law, San Diego,…

Although Title IX mandates sex equity in education, court interpretation often falls short of effectively implementing the intent of the law. (LH)

Briefly reviews a number of Federal court cases that have dealt with Title IX, considering the issue of whether the 1974 regulations prohibiting sex discrimination in employment practices accurately reflect the intent of the 1972 law. (GC)

Adopting full inclusion as the implementation strategy for educating children under the Individuals with Disabilities Education Act (IDEA) will eliminate the discretion granted parents and guardians under the act. Discusses the intent of IDEA, its legal interpretations, and implications for school social workers. (Author/MKA)

The Individuals with Disabilities Education Act includes school health services among possible related services. A review of relevant documents and court decisions from the past 10 years provides insight into congressional intent, federal regulations, and local implementation of service delivery related to children with extensive health care…

The value of intelligence testing was extended beyond its intent, and psychologists were not answerable to any measure of accountability. Recently, the value of testing has been challenged in the courts and is now restricted by legislative mandate. Continued resistance by psychologists may lead to the demise of standardized intelligence tests.…

This paper reviews the Supreme Court's Zebley decision which expanded the definition of disability in young children by including functional equivalence; compares regulations and practices under the Social Security Administration and Part H of the Individuals with Disabilities Education Act; and offers guidelines concerning the intent of the law,…

The monograph covers the background, progress, and outcome of the "Castro case," a racial discrimination lawsuit filed in 1982 by a group of Chicano and Black parents and their children against the Phoenix (Arizona) Union High School District alleging that their 94% minority high school was unfairly singled out for closure due to a…

This paper discusses Congressional and judicial attempts to deal with the problem of employment practices which lead to discriminatory outcomes but which may not be discriminatory in intent. The use of paper and pencil tests as standards for hiring and promotion is focused on as an example of this type of employment practice. An historical account…

The paper examines an Idaho Supreme Court decision (Thornock versus Boise Independent School District) that placement of a severely handicapped student in a regular classroom with the assistance of an aide was preferable to placement in a segregated special education classroom. The paper argues that this decision is contrary to the provisions of…

The first words of the first of the rights guaranteed to Americans in the Bill of Rights are, "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Despite the obvious general intent of these words, doubts remain about specific applications of the law. The permissible relationship…

This report reviews the literature on sentence disparity and considers the advisability of additional efforts to provide more equality throughout the criminal justice system. Definitions of disparity are said to include: (1) differences between individual judges; (2) differences between comparable defendants; (3) differences between categories of…

The intent of this chapter is to emphasize the student evaluation aspect over other legal principles. Several cases illustrate that courts will interfere with school boards' authority to determine placement of pupils only when a violation of constitutional or statutory rights of a student occurs. In the matter of sanctions against students that…

The paper reviews issues in the Wyatt versus Stickney court case concerning the constitutional right to treatment for institutionalized persons with mental retardation. Among topics considered are the role of the American Association of Mental Deficiency in the court proceedings, the original intent of the case as an employee action, and the…

Two recent judicial and governmental developments appear to tip the scales in favor of the confidentiality of intelligence sources and methods at the expense of any "right of access" to government information. The implementation of the Reagan Administration's Executive Order governing the classification of national security information…