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Full-Text Articles in Disability Law
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick
Americans With Disabilities Act Of 1990, Robert B. Fitzpatrick
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Journal of the National Association of Administrative Law Judiciary
Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes …
Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin
Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article examines the administrative processes and judicial analytical framework that govern the adjudication of Social Security disability claims for persons suffering with mental disorders. Since the enactment of the Social Security Act as a part of President Roosevelt's "New Deal," the federal government has assumed a significant role in providing a minimum level of support for those citizens beset with unfortunate economic hardship. In 1956, the Social Security Act was expanded to provide disability benefits for those unable to attain gainful employment due to a mental or physical impairment. For the mentally disabled, demonstrating eligibility for disability benefits can …