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Disability Law Commons

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Full-Text Articles in Disability Law

Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos Nov 2017

Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos

Book Chapters

One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we ...


Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki May 2015

Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki

Indiana Journal of Law and Social Equality

Perhaps due to the dramatic increase in children diagnosed with autism, a new type of charter school has emerged that is designed to specifically serve students with autism. If these autism charter schools illegally segregate students with autism from typically developing peers, they are vulnerable to legal challenges. In this Article, we identified many constitutional and statutory violations that could exist at autism charter schools; however, our review of the litigation found that autism charter schools have not been challenged for these legal violations. Instead, we found only one charter school case alleging segregation based on ability level and eight ...


The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla Jan 1982

The Handicapped Child's Right To A Free Appropriate Education: Defining The Limits Of Responsibility, Richard J. Buturla

Villanova Law Review

No abstract provided.