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Articles 1 - 5 of 5
Full-Text Articles in Disability Law
Policy Brief: Keeping All Students Safe Act Of 2014, Nancy Bergerson
Policy Brief: Keeping All Students Safe Act Of 2014, Nancy Bergerson
Policy Analysis
Senator Harkin (D-IA), Senator Murphy (D-CT), Senator Baldwin (D-WI), and Senator Hirono (D-HI) introduced the Keeping All Students Safe Act (S.2036) in the Senate on Feb. 24, 2014. Rep. Miller (D-CA) introduced H.R. 1893 on May 9, 2013. The Act would produce limitations for the use of restraints in public and private schools. Currently, 19 states have no policies in place to address this issue. The law would require better training, monitoring and enforcement of these standards, as well as the collection of related data which would be available to the public. We are asking you to co-sponsor the Keeping …
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 …
Has Time Expired For Time-Out Rooms?, Charles J. Russo
Has Time Expired For Time-Out Rooms?, Charles J. Russo
Educational Leadership Faculty Publications
An issue that continues to raise serious concerns for education leaders surrounds the treatment of students with disabilities who behave unacceptably. In Honig v. Doe (1988), the Supreme Court acknowledged that in such cases, among the procedures available to educators is “the use of study carrels, timeouts, detention, or the restriction of privileges” (p. 325). Time-out rooms—typically small rooms where students who misbehave are sent until they can safely regain their composure—continue to be used in most jurisdictions, subject to state oversight via statutes and regulations (U.S. Department of Education 2010).