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Articles 1 - 6 of 6
Full-Text Articles in Disability Law
Of Mouseholes And Elephants: The Statute Oflimitations For Impartial Hearings Under Theindividuals With Disabilities Education Act, Perry A. Zirkel
Of Mouseholes And Elephants: The Statute Oflimitations For Impartial Hearings Under Theindividuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
The purpose of this article, in light of the practical significance and the limited literature addressing the IDEA’s hearing level SOL, is to provide a current and concise overview of the case law addressing this specific issue. Part I provides the basic nature and purpose of SOL generally, and specifically how SOL applies to the IDEA’s impartial hearings. Parts II–IV addresses the elements of the SOL statutory provisions in terms of the triggering date, the exceptions, and the duration and effect of the SOL, including the importance of G.L. v. Ligonier Valley School District Authority. Part V provides practice pointers …
Has The Supreme Court’S Schaffer Decision Placed Aburden On Hearing Officer Decision-Making Under Theidea?, Cathy A. Skidmore, Perry A. Zirkel
Has The Supreme Court’S Schaffer Decision Placed Aburden On Hearing Officer Decision-Making Under Theidea?, Cathy A. Skidmore, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.
The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt
The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt
Pace Law Review
This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.
Matter Of Kevin M., Donna A. Napolitano
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
Law Student Publications
As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …
Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal
Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.