Disability Law Commons^™

Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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.

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. …

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

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

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 …

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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

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 …

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

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

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

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

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

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

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 …

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …

Partnerships In Employment Brief: Engaging Families Of Youth With Intellectual Disabilities In Systems Change Efforts, Sean Roy

All Institute for Community Inclusion Publications

This brief will highlight the reasons why parents and families are essential partners in any systems change effort. It will describe the importance of the family’s perspective, and how their experiences should be used to shape policy recommendations. It will offer strategies on how to engage parents and families in systems change efforts, and how to promote family involvement to state-level partners.

School Bullying Victimization As An Educational Disability, Douglas E. Abrams

Faculty Publications

Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald

Law Student Publications

In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …

"All Areas Of Suspected Disability", Mark Weber

College of Law Faculty

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …

"All Areas Of Suspected Disability", Mark Weber

College of Law Faculty

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …

Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth

All Institute for Community Inclusion Publications

The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.

Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber

College of Law Faculty

Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …

Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay

Reports & Public Policy Documents

Due to the short time frame for this Review, this cannot be considered an exhaustive report. There is however quite a massive volume of information and sources introduced here touching on the particulars required by the Terms of Reference.

In section I we present legal considerations that have an impact on education in various ways, all of which are related to inclusion and the application of equality rights in Canada. Those considerations include accommodation of students with disabilities, the student-teacher relationship, discipline, safe-schools, and a framework for analysis: the new 3 R’s in education: Rights, Responsibilities and Relationships. Included are …

Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum

Publications

In this article, I briefly review the background for the latest iteration of federal special education policy, the reauthorization of the Individuals with Disabilities Education (Improvement) Act or IDEA. With a slight apology to ardent advocates for parents and children with disabilities, I then suggest ways that they and their clients can set aside their concerns about a diluted statute and learn to live with a changed legal landscape — and perhaps even flourish in an educational system that aims to raise the standards for all students. With each cycle of program review, policy revisitation and legislative revision, those who …