Public funding of private K-12 schooling through vouchers continues to be a contentious issue across the U.S., even though a solid majority of Americans continues to oppose them. The voucher plans run the risk of legal challenge for how they handle the rights of students with disabilities and whether they violate state constitutional provisions…

Prior to the mid-1970s, over one million children with disabilities were excluded from the nation's schools. In 1975, as a result of intense litigation and advocacy, Congress passed the Education for All Handicapped Children Act (EHA, P.L. 94-142), now called the Individuals with Disabilities Education Act (IDEA), mandating that public schools…

During the 2002-03 school year, Michael B., Rebecca D., and Aldo V. were eighth-graders at the Regional Gifted Center program at the Beaubien School in the Chicago school system. In February, the Beaubien School held an annual contest for eighth-graders to determine the design for the class T-shirt. Michael was disappointed that his design did not…

In this era of educational choice, school accountability, research-based practices, and commercial competition--illustrated by but not exclusive to No Child Left Behind--some schools, public and private, make claims that resemble false advertising and that some parents rely on, to their disappointment and even detriment. Moreover, the laudable…

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…

Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…

Discusses whether the disease AIDS (Acquired Immune Deficiency Syndrome) could be considered a "handicap." Describes a recent court decision, "Arline vs. School Board of Nassau County," in which the court found that a teacher with tuberculosis could be defined as handicapped and that her dismissal was in violation of Section…

Outlines three ways schools are choosing to deal with Acquired Immune Deficiency Syndrome (AIDS) cases in their schools. Discusses the Center for Disease Control guidelines, the legal ramifications if schools do not follow these guidelines, and the implications for the future. Includes a resource guide for more information. (MD)

The revolution to establish for the handicapped the same right to an education that already exists for the nonhandicapped is being fought in school board rooms, State legislatures, and--perhaps most important--in the courts. (Author)

In court cases involving the discipline of handicapped students, the question of whether or not the disruptive behavior is a manifestation of the handicap inevitably arises. This article discusses rulings in such cases that should guide educators' efforts to discipline students enrolled in special education programs. (Author/WD)

In June of 1982 a Supreme Court decision held that Public Law 94-142 requires only that handicapped students be provided access to specialized instruction and related services designed to provide educational benefit. (Author/JM)

Analyzes the issues and decisions in recent court cases concerning student participation in interscholastic athletics, particularly at the secondary school level, and notes the potential impact of the decisions on athletic regulations. Covers handicapped-related conditions, property rights in participation, due process, and the reasonableness of…

Mainstreaming of handicapped students and desegregation share similar legal histories, but are also characterized by marked differences. In the future they may be competing for dwindling funds. (Author/WD)

Despite demonstrated success of a graduation competency testing policy in Tatnall County (Georgia), a judge ruled that the policy violated due process because the school district could not show that the items on the test were actually taught in the schools. (WD)

Notes two court cases that could have a significant effect on the cost of providing special education. In one case, a district was forced to provide a sign-language interpreter for a deaf student; in the other, a district was forced to provide year-round instruction for severely impaired students. (IRT)