Educational Rights of Severely and Profoundly Handicapped Children

This article evaluates the legal requirement to educate profoundly retarded children and discusses the implications of recent developments in this aspect of special education. I. Introduction II. Definition of Profoundly Retarded III. Overview of Special Education Law … A. Constitutional Protections in the Area of Education … B. Special Education IV. Education of Profoundly Retarded Children … A. Recent Cases … 1. The Levine and Guempel Cases … a. Background … b. The Levine Decision … (i.) New Jersey Constitutional Requirements … (ii.) New Jersey Statutory Requirements … (iii.) Federal Requirements … c. Analysis of the Levine Decision (i.) New Jersey Constitutional Requirements … (ii.) New Jersey Statutory Requirements … (iii.) Federal Requirements … 2. The Matthews and Cuyahoga County Cases … 3. Implications of the Recent Cases … B. Questions Raised Regarding the Education of Profoundly Retarded Children … 1. Definition of “Education” … a. The Education for All Handicapped Children Act … b. Judicial Decisions … c. Definitions by Educators and Psychologists … 2. Definition of “Educability” … a. The Policy Question … 3. Process for Determining Whether an Individual Is Educable … a. Due Process Generally … b. Evidence of Uneducability and the Burden of Proof … c. Process for Reevaluation V. Conclusions and Recommendation

Children with AIDS: A Need for a Clear Policy and Procedure for Public Education

One cannot open a newspaper, watch the television news, or even watch a favorite sitcom without being aware of the degree to which Acquired Immune Deficiency Syndrome (AIDS) has permeated our society

Right to Education for the Handicapped in West Virginia

1981 was the International Year of the Disabled Person. During that year handicapped individuals received much attention from the press. Hopefully this publicity will result in an increased awareness of the existence of handicapped persons in our society, the special problems they have, and also their special abilities. Of the legal issues concerning handicapped individuals, the one receiving the most attention is the right to education. Many changes have occurred in the legal requirements placed on state and local educational agencies, and these changes in the law have caused dramatic changes in the attitudes of parents, teachers, administrators, and others towards the education of handicapped persons. As a result of these changes, all parties concerned are seeking to learn about the legal requirements regarding the education of handicapped persons. This article is intended to provide a general survey of the relevant law as it applies in West Virginia and is directed primarily at the attorney whose legal counsel is sought involving these issues. The article examines the historical background of legal developments which have lead up to the present legal requirements, the constitutional and statutory bases for the right to special education, and a survey of recent procedural, substantive, and remedial issues with which courts are currently grappling. The survey will examine only primary and secondary education for handicapped individuals, and will not include post-secondary education (higher education), vocational or adult education, or education of incarcerated individuals. Because many of the issues discussed are themselves the subject of detailed examination in numerous law review articles and treatment in other periodicals, the article does not attempt to provide an in-depth explanation of each issue. Rather, the article is intended as a beginning reference point for the attorney in West Virginia

Administrative Searches and Seizures: What Happened to Camara and See?

In recent years the Government\u27s efforts in promoting health, safety and welfare have necessitated an increased number of administrative inspections of commercial and noncommercial premises. Although such inspections were previously held to be excluded from the fourth amendment\u27s ban on unreasonable searches and seizures, the Supreme Court held in Camara v. Municipal Court and See v. Seattle that administrative inspections must comply with the warrant provision of the fourth amendment. Since those decisions, the Court has emphasized the exceptions to, rather than the strictures of, the warrant requirement. This article analyzes developments in the law concerning administrative searches and seizures and offers some observations on future trends

Optimizing Nervous System-Specific Gene Targeting with Cre Driver Lines: Prevalence of Germline Recombination and Influencing Factors.

The Cre-loxP system is invaluable for spatial and temporal control of gene knockout, knockin, and reporter expression in the mouse nervous system. However, we report varying probabilities of unexpected germline recombination in distinct Cre driver lines designed for nervous system-specific recombination. Selective maternal or paternal germline recombination is showcased with sample Cre lines. Collated data reveal germline recombination in over half of 64 commonly used Cre driver lines, in most cases with a parental sex bias related to Cre expression in sperm or oocytes. Slight differences among Cre driver lines utilizing common transcriptional control elements affect germline recombination rates. Specific target loci demonstrated differential recombination; thus, reporters are not reliable proxies for another locus of interest. Similar principles apply to other recombinase systems and other genetically targeted organisms. We hereby draw attention to the prevalence of germline recombination and provide guidelines to inform future research for the neuroscience and broader molecular genetics communities

Should UI Eligibility Be Expanded to Low-Earning Workers? Evidence on Employment, Transfer Receipt, and Income from Administrative Data

Recent efforts to expand unemployment insurance (UI) eligibility are expected to increase low-earning workers’ access to UI. Although the expansion’s aim is to smooth the income and consumption of previously ineligible workers, it is possible that UI benefits simply displace other sources of income. Standard economic models predict that UI delays reemployment, thereby reducing wage income. Additionally, low-earning workers are often eligible for benefits from means-tested programs, which may decrease with UI benefits. In this paper, we estimate the impact of UI eligibility on employment, means-tested program participation, and income after job loss using a unique individual-level administrative data set from the state of Michigan. To identify a causal effect, we implement a fuzzy regression discontinuity design around the minimum earnings threshold for UI eligibility. Our main finding is that while UI eligibility increases jobless durations by up to 25 percent and temporarily lowers receipt of cash assistance (TANF) by 63 percent, the net impact on total income is still positive and large. In the quarter immediately following job loss, UI-eligible workers have 46-61 percent higher incomes than ineligibles