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Disability Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Disability Law

Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel Oct 2014

Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel

Wendy F. Hensel

No abstract provided.


Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel Oct 2014

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel

Wendy F. Hensel

This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments, …


The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel Oct 2014

The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel

Wendy F. Hensel

No abstract provided.


The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson Dec 2009

The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson

Richard Peterson

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does …