Literaturnachweis - Detailanzeige
Autor/in | Cambron-McCabe, Nelda H. |
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Institution | National Organization on Legal Problems of Education, Topeka, KS. |
Titel | Handicapped. |
Quelle | (1988), (32 Seiten) |
Sprache | englisch |
Dokumenttyp | gedruckt; Monographie |
Schlagwörter | Recht; 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 |
Abstract | 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) |
Erfasst von | ERIC (Education Resources Information Center), Washington, DC |