Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (35)
- Disability and Equity in Education (21)
- Education (21)
- Civil Rights and Discrimination (14)
- Accessibility (10)
-
- Juvenile Law (10)
- Educational Administration and Supervision (7)
- Administrative Law (6)
- Special Education Administration (6)
- Elementary and Middle and Secondary Education Administration (4)
- Legislation (4)
- Constitutional Law (3)
- Courts (3)
- Dispute Resolution and Arbitration (3)
- Litigation (3)
- Labor and Employment Law (2)
- Law and Society (2)
- Legal Education (2)
- Animal Law (1)
- Civil Procedure (1)
- Criminal Law (1)
- Education Policy (1)
- Family Law (1)
- Family, Life Course, and Society (1)
- Fourteenth Amendment (1)
- Housing Law (1)
- Human Rights Law (1)
- Immigration Law (1)
- Institution
-
- University of Massachusetts Boston (12)
- DePaul University (10)
- Pepperdine University (5)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Maryland Francis King Carey School of Law (3)
-
- University of Richmond (3)
- Maurer School of Law: Indiana University (2)
- Selected Works (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- American University Washington College of Law (1)
- Golden Gate University School of Law (1)
- National Louis University (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- SelectedWorks (1)
- St. John's University School of Law (1)
- University of Missouri School of Law (1)
- University of South Carolina (1)
- Publication Year
- Publication
-
- All Institute for Community Inclusion Publications (12)
- College of Law Faculty (5)
- Mark C. Weber (5)
- Touro Law Review (4)
- Journal of the National Association of Administrative Law Judiciary (3)
-
- Faculty Publications (2)
- Indiana Law Journal (2)
- Law Student Publications (2)
- Maryland Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Christopher J. Walker (1)
- Court Briefs (1)
- Dissertations (1)
- Laura Rothstein (1)
- Northwestern Journal of Law & Social Policy (1)
- Pace Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Pepperdine Law Review (1)
- Publications (1)
- Reports & Public Policy Documents (1)
- Robert L. Hayman (1)
- School of Law Conferences, Lectures & Events (1)
- St. John's Law Review (1)
- University of Richmond Law Review (1)
- Upper Level Writing Requirement Research Papers (1)
- Publication Type
Articles 1 - 30 of 54
Full-Text Articles in Disability Law
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
Indiana Law Journal
The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
University of Arkansas at Little Rock Law Review
No abstract provided.
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
Improving The Legal And Regulatory Framework Of Restraint And Seclusion In D.C. Public Schools, James Gallagher
Improving The Legal And Regulatory Framework Of Restraint And Seclusion In D.C. Public Schools, James Gallagher
Upper Level Writing Requirement Research Papers
No abstract provided.
Special Education No Man's Land, Adrián E. Alvarez
Special Education No Man's Land, Adrián E. Alvarez
St. John's Law Review
(Excerpt)
Since 2014, unaccompanied immigrant children have migrated to the United States in staggering numbers. The vast majority come from the Northern Triangle countries of Central America—El Salvador, Guatemala, and Honduras—and many are fleeing some of the highest homicide rates in the world. Immigration lawyers have highlighted many problems with the federal regime that cares for these children before they are released to family members or other adults living in the United States while their immigration cases move forward. Yet there is one group of unaccompanied minors that is not even on the radar of many advocates: unaccompanied children with …
Mediation In Education For Foster Care, Anelise Powers
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 …
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Maryland Law Review
While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been …
Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj
Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj
Faculty Publications
The landscape of public education, once thought to be a core function of the state, is shifting towards privatization. The appointment of Betsy DeVos as U.S. Secretary of Education further cements this shift. In particular, DeVos intends to vastly expand the availability of vouchers and tax credits that use public dollars to fund private school tuition. The debate over this expansion and its impact on traditional public schools has been polarizing and combative. Thus far, commentators have framed vouchers as purely matters of choice and increased educational opportunities. Drowned out in the debate are the voices of students with disabilities. …
Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Touro Law Review
No abstract provided.
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
Touro Law Review
No abstract provided.
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Touro Law Review
No abstract provided.
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Laura Rothstein
No abstract provided.
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Northwestern Journal of Law & Social Policy
No abstract provided.
Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Work And Community Engagement: Shifting Services And Supports To Help Individuals Have The Lives They Want, Cindy Thomas, Amie Lulinski, Jennifer Sulewski, Erin Leviton, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
Significant change is underway to insure that services maximize opportunities for full engagement in the community. This session includes two projects, the RRTC on Advancing Employment for Individual with IDD and the Community Life Engagement Project and panelists from MA and DC to discuss the implications of research findings on service transformation and the integration of work and non-work supports to support individuals to have full and productive lives.
'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston
'New Conversations About Integrated Employment' Webinars Shine A Fresh Light On Issues In Our Field, Melanie Jordan, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This poster session highlights creative thinking about employment supports. The RRTC on Advancing Employment for Individuals with IDD has launched an interactive and dynamic webinar series with a twist ? to expose participants to new ideas, provoke reactions, and inspire them to think differently about such topics as Employment Professionals as Leaders for Change; the Real Meaning of Informed Choice; and Reframing the Benefits Conversation Around Financial Well-Being.
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 …
The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk
The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk
Pace Law Review
This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …
Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law
Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman
Dissertations
What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.
The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.
The Olmstead decision …
Partnerships In Employment National Transition Systems Change Project: Building A Transition-To-Employment Agenda, Institute For Community Inclusion, University Of Massachusetts Boston
Partnerships In Employment National Transition Systems Change Project: Building A Transition-To-Employment Agenda, Institute For Community Inclusion, University Of Massachusetts Boston
All Institute for Community Inclusion Publications
The national Partnerships in Employment (PIE) National Transition Systems Change Project was established in 2011 by the Administration on Intellectual and Developmental Disabilities. This five-year project focuses on improving, developing, and implementing policies and practices that raise community expectations and overall employment outcomes for youth with intellectual/developmental disabilities (I/DD). Now in the last phase of the funding cycle, the eight state projects involved in the PIE initiative (Alaska, California, Iowa, Mississippi, Missouri, New York, Tennessee, and Wisconsin) are uniquely positioned to provide youth employment recommendations to federal, state, and local agencies. In this document, we share several of the findings …
Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber
Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber
College of Law Faculty
American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no …
Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber
Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber
Mark C. Weber
American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no …
Delphi Panel Findings, Brief #7: Paths Toward Fair Wages, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #7: Paths Toward Fair Wages, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is the seventh and final brief in our series on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the final priority area for policy and practice change: creating paths toward fairer wages for individuals with IDD.
Delphi Panel Findings, Brief #5: Processes Within State Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #5: Processes Within State Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is the fifth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the fourth priority area identified by the Delphi panel: improving policies and processes within state agencies related to employment for people with intellectual and developmental disabilities (IDD). This is distinct from increased collaboration across agencies, which was a separate area.
Delphi Panel Findings, Brief #4: Education And Training For Job Seekers, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #4: Education And Training For Job Seekers, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is the fourth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the role of education and training for job seekers with intellectual and developmental disabilities (IDD), which was the third-ranked overarching priority among the Delphi panel members.
Delphi Panel Findings, Brief #6: Generation And Use Of Data And Evidence, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #6: Generation And Use Of Data And Evidence, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is the sixth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on how data and evidence can support integrated employment outcomes for individuals with intellectual and developmental disabilities (IDD). This was the fifth overarching theme among the Delphi panel’s recommendations.
Delphi Panel Findings, Brief #3: Collaboration Across Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #3: Collaboration Across Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is the third in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the panel’s recommendations related to collaboration across state systems, which was the second-highest overarching priority identified by the Delphi panel for improving employment outcomes for people with intellectual and developmental disabilities (IDD).
Delphi Panel Findings, Brief #2: Transition From School To Work, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #2: Transition From School To Work, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is the second in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community (ELC) in 2013–2014. More information on the ELC and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the panel’s recommendations related to effective approaches to the transition from school to work for youth with intellectual and developmental disabilities (IDD), which was the highest-ranked overarching priority among the Delphi panel.
Delphi Panel Findings, Brief #1: Introduction, Values, And Major Themes, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Delphi Panel Findings, Brief #1: Introduction, Values, And Major Themes, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
The Employment Learning Community has been developed to assist states in improving employment systems and services that will increase inclusive, competitive employment for individuals with IDD. To gain insights on the most cogent policies and priorities to promote such systems change, the project convened a panel of national subject matter experts to participate in a Delphi process. Nineteen Delphi panel members, including employment researchers, service providers, state vocational rehabilitation directors, developmental disability agency directors, educators, self-advocates, family members and representatives from related programs and initiatives, participated in four rounds of data collection. The values, policies, and practices that emerged from …