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Articles 1 - 5 of 5
Full-Text Articles in Disability Law
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.
Robert A. Garda
Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the "zero-reject" principle underlying the Individuals with Disabilities Education Act and concludes …
Polar Law And Good Governance, Prof. Elizabeth Burleson
Polar Law And Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Rebecca J. Huss
This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. The Article begins by analyzing the federal law applicable to students bringing service and assistance animals to campus. The use of animal-assisted activities on campus is also explored. The Article continues with an examination of policies allowing students to have companion animals in campus housing. Concerns raised by administrators about allowing animals on campus are then considered. Finally, the Article sets forth the measures an educational institution should implement to ensure compliance with the law and proposes actions that can …
When Good Enough Is No Longer Good Enough: How The High Stakes Nature Of The No Child Left Behind Act Supplanted The Rowley Definition Of A Free Appropriate Public Education, Evan D. Blewett, Andrea Kayne Kaufman
When Good Enough Is No Longer Good Enough: How The High Stakes Nature Of The No Child Left Behind Act Supplanted The Rowley Definition Of A Free Appropriate Public Education, Evan D. Blewett, Andrea Kayne Kaufman
Evan Blewett
This Article asks the basic question whether the good enough education standard required by the Rowley Court is still good enough in the high-stakes context of the No Child Left Behind Act. In Hendrick Hudson School District v. Rowley, the Supreme Court provided a framework to determine whether students with disabilities are provided with a "free and appropriate public education" in accordance with the Individuals with Disabilities Education Act ("IDEA"). The Rowley Court interpreted IDEA as focusing more on students with disabilities accessing some educational benefits, rather than on assessing and maximizing their educational performance.
Culture Clash: Special Education In Charter Schools, Robert A. Garda Jr.
Culture Clash: Special Education In Charter Schools, Robert A. Garda Jr.
Robert A. Garda
Charter schools and special education for disabled students are based on conflicting education reforms and agency oversight principles. Charter schools operate in a culture of regulatory freedom and flexibility. They arose out of the modern era of accountability reform, in which student outcomes are the primary measure of school success and the driving engine of agency oversight. In stark contrast, special education laws were conceived in the civil rights era of education reform, which emphasized process and paid little attention to outcomes. The education of disabled students is steeped in a culture of regulatory oversight focused on rigid compliance with …