Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (36)
- Disability and Equity in Education (22)
- Education (22)
- Civil Rights and Discrimination (15)
- 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)
- Law and Society (3)
- Legal Education (3)
- Litigation (3)
- Labor and Employment Law (2)
- Public Affairs, Public Policy and Public Administration (2)
- Social Policy (2)
- Social and Behavioral Sciences (2)
- Animal Law (1)
- Civil Procedure (1)
- Criminal Law (1)
- Disability Studies (1)
- Education Policy (1)
- Family Law (1)
- Family, Life Course, and Society (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)
- Roger Williams 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)
- 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)
- Utah State University (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)
- School of Law Conferences, Lectures & Events (2)
- University of Arkansas at Little Rock Law Review (2)
- Christopher J. Walker (1)
- Court Briefs (1)
- Developmental Disabilities Network Journal (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)
- St. John's Law Review (1)
- University of Richmond Law Review (1)
- Upper Level Writing Requirement Research Papers (1)
- Publication Type
Articles 31 - 56 of 56
Full-Text Articles in Disability Law
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 …
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
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
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 …
In Defense Of Idea Due Process, Mark C. Weber
In Defense Of Idea Due Process, Mark C. Weber
Mark C. Weber
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 …
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Mark C. Weber
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment discrimination …
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.
Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
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
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
"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
"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 C. Weber
"All Areas Of Suspected Disability", Mark C. Weber
Mark C. Weber
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 …
Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman
Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman
Robert L. Hayman
No abstract provided.
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
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.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
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 …
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber
Mark C. Weber
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 …
Special Education Law, William H. Hurd, Stephen C. Piepgrass
Special Education Law, William H. Hurd, Stephen C. Piepgrass
University of Richmond Law Review
No abstract provided.
Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay
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 …
Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker
Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker
Christopher J. Walker
In light of the Supreme Court's decision this Term in Schaffer v. Weast, this Note analyzes the current state of special education law and argues that parents, attorneys, and advocates should look beyond the Individuals with Disabilities Education Act (IDEA) to Section 504 in the post-Schaffer public school. This Note shows how these two standards operate in the context of state special schools for the blind and deaf. A state-by-state survey of thirty states' special school admission policies and practices reveals the IDEA's limitations and Section 504's potentially complementary role.
Although other works have briefly compared the IDEA and Section …
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
Maryland Law Review
No abstract provided.
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
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 …
The Individuals With Disabilities Education Act, Sharon C. Streett
The Individuals With Disabilities Education Act, Sharon C. Streett
University of Arkansas at Little Rock Law Review
No abstract provided.
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Touro Law Review
No abstract provided.