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Like peer review and publication, general acceptance is only as good as the eld that is surveyed Under Frye, of course, general acceptance was the standard by which expert testimony was judged But general acceptance operates slightly differently under Daubert, where it is used in conjunction with other factors and is no longer a necessary or suf cient condition for admission Although barely noticed for decades, the Frye Test eventually became the icon for one of the dominant notions of the proper criterion for the admissibility of scienti c evidence general acceptance within its eld Frye may have become the standard of choice for several reasons Foremost, perhaps, it was easy to apply and required little scienti c sophistication on the part of judges.

18. 19.

Pathology Notes (continued)

Wilks (1987) raised the question of whether a disabled child might require an extended school-day program (more than six hours) in order for the child s special education program to confer benefit In Garland, the court awarded the mother of a disabled child reimbursement for the after-school tutor she paid to help her son because the school s regular day program for the child was seen as inadequate to confer academic benefit The courts also have favored extended school-day programs as an alternative to placement in a residential facility (Kerkam v Superintendent, DC Public Schools, 1991; Roland M v Concord School Committee, 1990) In addition to recognition of extended school-day programs, the courts have acknowledged that some children may need a shortened school day in order to confer academic benefit (for example, see Christopher M v Corpus Christi Independent School District, 1991).

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Most companies use years of service as at least one measure of what the severance amount will be At firms using that as the primary or only factor, employees at the executive level and above can anticipate a minimum payment of four weeks pay; exempt personnel can expect three weeks This is up from a minimum of two weeks pay in past surveys conducted by Lee Hecht Harrison Nonexempt employees still receive two weeks pay for severance Median maximum severance rose to 36 weeks for executives but remained at 26 weeks for all other levels In the Lee Hecht Harrison study, nonexempt employees are defined as hourly workers; exempts include managers and other salaried staff; executives encompasses vice presidents, department heads, and directors; senior executives are executive vice presidents (EVPs), senior vice presidents (SVPs), or the equivalent; and officers are the CEO, president, CIO, CFO, and COO.

Assistive Technology IDEA requires schools to ensure that assistive technology devices and services are made available to a child with a disability if the child requires the devices and services in order to receive an appropriate public education Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability (34 CFR 3005) Schools are not obligated, however, to provide eyeglasses, hearing aides, or braces Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

If the payments are not based solely on years of service, the formula is typically a combination of years of service, salary/grade level, title, age, and other factors Salary level at the time of termination is the second biggest consideration; for example, 45% of companies factor that in for exempt employees (see Exhibit 45) For executives and senior executives, 42% and 43% of organizations determine severance on a case-by-case basis The higher the employee s level, the more likely it is that additional factors besides years of service will come into consideration One-third of companies surveyed said they enhance severance for employees who sign a release The enhancements include more severance (offered by 45%), additional salary (22%), extended insurance coverage (15%), outplacement (14%), and additional benefits (13%) In addition, 36% of organizations enhance normal severance payments under special circumstances, such as downsizing, mergers, or acquisitions.

Moreover, the controversial cases were of the subset of scienti c evidence cases that Frye was designed to deal with: asserted new knowledge that lacked an established clientele To established elds of endeavor, to old knowledge , the courts implicitly applied the old marketplace notions: if one were a card-carrying member of a recognized occupation or profession, one s proffered expert testimony was admitted and the validity of the underlying knowledge was assumed Finally, by the middle of the twentieth century, the distinction between experts and expertise had grown more apparent Not only did new elds or new specializations arise, but old elds acquired and offered distinct new knowledge New knowledge was sometimes put before courts in a form more abstracted and isolated from the people who presented it Frye had been designed to t just these kinds of situations (Faigman, Porter and Saks, 1994).

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