Disability Law Commons^™

Inclusion For Students With Intellectual Disabilities: A Philosophical Reconstruction Of The Student To Expand Access And Its Benefits, Derek Thomas Myles Daskalakes

Theses and Dissertations--Education Sciences

This dissertation attempts a philosophical rethinking of the concept of the student in educationally relevant disability law for the sake of expanding access to general education settings for students with intellectual disabilities (ID), without committing to the approach known as full inclusion. I show that students with ID receive significantly less access to general education settings in comparison to other student populations, and that empirical studies show this to be harmful to their learning and developmental outcomes. Discussion of this problem in the inclusion literature assumes one of two positions that separately support either maintaining the status quo regarding the …

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

The Constitutionality Of The Black Lung Interim Presumption, Stella B. House

Journal of Natural Resources & Environmental Law

No abstract provided.

Special Education's Lessons For School Funding Litigation, Spencer C. Weiler, Scott R. Bauries

Law Faculty Scholarly Articles

In this Article, we make the case that the currently dominant approaches to challenging the constitutionality of a state’s funding efforts have proven ineffective. Instead, future lawsuits designed to bring about lasting funding reform should be informed by the successes within the field of special education by asking courts to examine individual-rights claims based on one student, or several similarly-situated individual students, petitioning the court for relief tailored to that student or class. Such an approach to school finance litigation could result in a decision that limits relief to just one application of the entire funding formula, and the remedy …

An Assessment Of Disability Access At The University Of Kentucky, Megan S. Coffinbargar

Oswald Research and Creativity Competition

This study assesses the Americans with Disabilities Act of 1990 (ADA) compliance at the University of Kentucky. Twenty buildings frequently used by undergraduates at the University of Kentucky were evaluated using the ADA Checklist for Existing Facilities focusing on Title III, Public Accommodations, and Priority Two, Access to Goods and Services. Data was collected over two weeks (July 20, 2017-August 3, 2017) and then evaluated using descriptive analysis. Data was analyzed looking across checklist items, buildings, checklist categories, and construction dates. Looking across checklist items, compliance ranged from 12-20 buildings out of 20 possible with 18.485 buildings as the average. …

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.

The Americans With Disabilities Act After Sutton V. United Air Lines--Can It Live Up To Its Promise Of Freedom For Disabled Americans?, Ashley L. Pack

Kentucky Law Journal

No abstract provided.

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Law Faculty Scholarly Articles

People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics …

Open Debate Over Closed Doors: The Effect Of The New Developmental Disabilities Regulations On Protection And Advocacy Programs, Melissa Bowman

Kentucky Law Journal

No abstract provided.

The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.

Legislation By Implication: The Exercise Of Legislative Authority Under The 1978 Amendments To Section 504 Of The Rehabilitation Act Of 1973, Nancy T. Ray

Kentucky Law Journal

No abstract provided.

The Handicapped Plead For Entrance--Will Anyone Answer?, Alan J. Farber

Kentucky Law Journal

No abstract provided.

Insurance Concepts Of Total And Permanent Disability, John Alan Appleman, John D. Carson

Kentucky Law Journal

No abstract provided.

Federal Legislation For The Relief Of World War Disabled, Blakey Helm

Kentucky Law Journal

No abstract provided.