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Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights
Zirkel, Perry A. – Phi Delta Kappan, 2005
This examination of a case that is seeking to determine whether a district in Tennessee met its obligation under the Individuals with Disabilities Act to provide a "free appropriate public education" to a student with autism concludes that the courts' decisions to date are already literally remarkable for several reasons. These reasons…
Descriptors: Related Services (Special Education), Extended School Year, Compliance (Legal), Kindergarten
Zirkel, Perry A. – Phi Delta Kappan, 2004
This case presents a costly lesson for teachers and for districts that include a liquidated, or stipulated, damages clause in their teacher employment contracts. Although the court enforced the clause in this case, in this well-reasoned recent decision and in most of the much older, canvassed case law from other jurisdictions, the answer to the…
Descriptors: Court Litigation, Public School Teachers, Teacher Employment, Contracts