Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Disability Law
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Richmond Public Interest Law Review
By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does …
Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush
Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush
Richmond Public Interest Law Review
This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …
Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger
Richmond Public Interest Law Review
This casenote will examine the legislative history and background of the ADA, the case law following its passage, the procedural and substantive background of Raytheon, the Supreme Court's holding in Raytheon, and the impact thereof.