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Full-Text Articles in Disability Law

Knowledge And Desires Of Parents Of Middle School Students With Intellectual Disability Regarding Inclusive Education Laws And Practices In South Korea: Qualitative Case Study, Yunji Jeong Nov 2019

Knowledge And Desires Of Parents Of Middle School Students With Intellectual Disability Regarding Inclusive Education Laws And Practices In South Korea: Qualitative Case Study, Yunji Jeong

Special Education ETDs

The purpose of this study was to examine the knowledge and desires of parents of middle school students with ID regarding inclusive education practices and laws in South Korea. I interviewed seven mothers of children with ID who attended South Korean middle school. Three themes emerged including (a) mother-teacher communication, (b) particular knowledge that suppressed further desires for inclusive education, and (c) culture-based advocacy for inclusive education. I discussed these findings based on Confucianism, collectivism, social and medical models of disability, and Rawls’s theory of justice. The mothers neither knew about inclusive education laws nor valued the laws. Instead, they …


Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jun 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Laura Rothstein

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …


Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney Jun 2019

Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney

Journal of Legislation

No abstract provided.


Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal May 2019

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Laura R. McNeal

No abstract provided.


Endrew F. Clairvoyance, Mark Weber Jan 2019

Endrew F. Clairvoyance, Mark Weber

College of Law Faculty

The Second Circuit Court of Appeals has declared that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.,” the 2017 Supreme Court decision interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its earlier …


Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jan 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Brandeis School of Law Faculty Scholarship

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …