Disability Law Commons^™

The Lost Promise Of Disability Rights, Claire Raj

Michigan Law Review

Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).

Courts too often overlook the affirmative obligations contained in these two disability rights …

Mediation In Education For Foster Care, Anelise Powers

Pepperdine Dispute Resolution Law Journal

There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to improve …

Making A Reasonable Calculation: A Strategic Amendment To The Idea, Hetali M. Lodaya

University of Michigan Journal of Law Reform

The Individuals with Disabilities Education Act (IDEA) lays out a powerful set of protections and procedural safeguards for students with disabilities in public schools. Nevertheless, there is a persistent debate as to how far schools must go to fulfill their mandate under the IDEA. The Supreme Court recently addressed this question with its decision in Endrew F. v. Douglas Cty. School District Re-1, holding that an educational program for a student with a disability must be “reasonably calculated” to enable a child’s progress in light of their circumstances. Currently, the Act’s statutory language mandates Individual Education Program (IEP) teams …

Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine

Touro Law Review

No abstract provided.

Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson

Pace Law Review

The shortage of special education teachers in the United States, and the adverse consequences flowing from factors related to this condition provide a unique opportunity for scholars to study these issues through interdisciplinary research. Educational scholars have typically focused their research on educational practice and institutional policy. Although this scholarship frequently acknowledges the statutory and regulatory foundations of the IDEA, the literature does not generally adopt a legal framework for research purposes. This is not a criticism of educational scholars. It is merely an observation that opportunities exist to study special education teacher issues in a broader context. This Article …

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh

University of Michigan Journal of Law Reform

This Article explores whether claims under the federal special education statute should be tolled on account of minority. Adult disabled students typically assert this type of tolling claim when alleging statutory violations dating back ten or more years, when they were minors. However this tolling claim is decided, there may be undesired results. First, even if the student has a very strong case, the merits are never reached if the court dismisses the hearing request as untimely. Second, if the hearing request is timely and the case proceeds to the merits, the student must remain in her current educational placement, …

Introduction, Michael J. Pappas

Journal of Health Care Law and Policy

No abstract provided.

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.

Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton

Journal of Health Care Law and Policy

This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.

Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Journal of Health Care Law and Policy

No abstract provided.

The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary

Journal of Health Care Law and Policy

No abstract provided.

Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson

Journal of Health Care Law and Policy

No abstract provided.

The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis

Journal of Health Care Law and Policy

No abstract provided.

New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith

Journal of Health Care Law and Policy

No abstract provided.

The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler

University of Michigan Journal of Law Reform

For two years, beginning in the fall of 1991, I was involved in an ongoing legal battle with the Delaware County, Pennsylvania Intermediate Unit No. 25 regarding the "appropriateness" of preschool programming for my son. To a large degree, the following Article has its origin in that battle.

Nevertheless, the point of this Article is neither to get even for wrongs, real or imagined, nor to utilize these pages to supplement the already extensive briefs and formal arguments made in that case. Rather, I believe that my position as a law professor, lawyer, litigant, and parent of a disabled child …

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …