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Disability Law Commons

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2019

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Articles 1 - 30 of 57

Full-Text Articles in Disability Law

Guardianship: A Violation Of The American With Disabilities Act And What We Can Do About It, Alexus Anderson Jul 2019

Guardianship: A Violation Of The American With Disabilities Act And What We Can Do About It, Alexus Anderson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel Jun 2019

Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney Jun 2019

Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney

Journal of Legislation

No abstract provided.


A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease Jun 2019

A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease

William & Mary Journal of Race, Gender, and Social Justice

There is a growing intersection between a woman’s child-rearing and work responsibilities, but federal law inadequately addresses this issue. For mothers who have a child with a disability, they face increased parenting demands, which often lead to detrimental changes in their employment status and negative perceptions of their work ability and commitment. Many women face expectations to simultaneously be the perfect mother and the ideal worker, but this is largely unattainable when faced with the demands of raising a child with a disability.

This Note will explore the development and inadequacy of the current protection against association discrimination, that ...


Disabling Ada Retaliation Claims, Nicole Buonocore Porter Jun 2019

Disabling Ada Retaliation Claims, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.


Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein May 2019

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Laura Rothstein

No abstract provided.


Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein May 2019

Reflections On Disability Discrimination Policy—25 Years, Laura F. Rothstein

Laura Rothstein

No abstract provided.


A Study Of School Social Worker Involvement With Section 504 Of The Rehabilitation Act In Georgia Public Schools, Kimberlee Woods May 2019

A Study Of School Social Worker Involvement With Section 504 Of The Rehabilitation Act In Georgia Public Schools, Kimberlee Woods

Electronic Theses & Dissertations Collection for Atlanta University & Clark Atlanta University

This study explored the level of involvement of school social workers in the 504-Plan process as it relates to the administrative culture of school administrators, collaboration with school personnel, training on the 504-Plan process, and finally knowledge of Section 504. Attention-deficit hyperactivity disorder affects over six-million children in the world today that may benefit from the use of a 504-Plan.

A total of 147 school social workers participated in this study. A self-administered survey was used, and data analysis was conducted on two levels: descriptive which employed frequency and percent distributions of respondents and analytical procedures. The Kruskal-Wallis H test ...


Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal May 2019

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Laura R. McNeal

No abstract provided.


Symposium Current Issues In Disability Rights Law, Samuel J. Levine May 2019

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Samuel J. Levine

No abstract provided.


“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein May 2019

“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein

Brooklyn Law Review

This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels ...


Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice May 2019

Mandatory Reassignment As A Reasonable Accommodation Under The Americans With Disabilities Act Turns “Nondiscrimination Into Discrimination”, Christina M. Loguidice

Brooklyn Law Review

This note directly addresses one of the most pertinent and core civil rights issues—employment rights of individuals with disabilities—and proposes a unique contribution to current scholarship. The problem lies in the interpretation of the Americans With Disabilities Act’s provision that suggests that reassignment “may” be a reasonable accommodation, which is defined as any accommodation required for an employee with a disability to equalize success and opportunity in the workplace. The word “may” in the provision creates confusion over whether reassignment is always reasonable. Hence, circuit courts are divided on the issue of whether mandatory reassignment is always ...


Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim Apr 2019

Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Ada Litigation Cannot Reasonably Accommodate Per Se Rules, Meg Ziegler Apr 2019

Ada Litigation Cannot Reasonably Accommodate Per Se Rules, Meg Ziegler

Boston College Law Review

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that an employee requesting a multi-month leave of absence is not a “qualified individual” employee under the Americans with Disabilities Act (ADA) and that such leave is therefore not a reasonable accommodation as defined by the ADA. In so doing, the court split from its sister circuits and made a bright-line rule that categorically excludes certain employees with disabilities from protection under the ADA. This Comment argues that the Seventh Circuit should have left more room for case by ...


Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin Mar 2019

Statedata: The National Report On Employment Services And Outcomes, John Butterworth, Allison Cohen Hall, Frank Smith, Alberto Migliore, Jean Winsor, Jaimie Ciulla Timmons, Daria Domin

Daria Domin

Policy shifts over the past 20 years have created an agenda for sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue. Labor force statistics for December 2010 indicate that 28 percent of working-age adults with disabilities are employed, compared with 70 percent of people without disabilities. Labor force data also indicate that workers with disabilities have experienced significantly higher levels of job loss and hardship during the recession of the late 2000s. For people with intellectual and developmental disabilities (IDD), the disparity ...


Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth Mar 2019

Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth

Daria Domin

This brief is based on the 2014–2015 National Survey of Community Rehabilitation Providers (CRPs) funded by the Administration on Intellectual and Developmental Disabilities. This brief presents findings on people with all disabilities and people with intellectual and developmental disabilities (IDD) who receive employment and non-work services from community rehabilitation providers (CRPs). Previous national surveys of CRPs were conducted by the Institute for Community Inclusion in 2002–2003 and 2010–2011, and also gathered data on provider services for individuals with disabilities (Metzel et al., 2007; Domin & Butterworth, 2012). This brief will incorporate some of those findings and compare them ...


Data Note: Vocational Rehabilitation Closure Trends For Individuals With Intellectual Disabilities: A Snapshot Of Five U.S. Territories, Jean Winsor, Daria Domin Mar 2019

Data Note: Vocational Rehabilitation Closure Trends For Individuals With Intellectual Disabilities: A Snapshot Of Five U.S. Territories, Jean Winsor, Daria Domin

Daria Domin

Beginning in FY2013, the Administration on Intellectual and Developmental Disabilities requested that each Project of National Significance include the five primary territories of the United States in data collection and analysis efforts. The five territories included in this analysis are American Samoa, Guam, Northern Marianas, Puerto Rico, and the Virgin Islands of the United States.


Statedata: The National Report On Employment Services And Outcomes, 2013, John Butterworth, Frank A. Smith, Allison Cohen Hall, Alberto Migliore, Jean Winsor, Daria Domin Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2013, John Butterworth, Frank A. Smith, Allison Cohen Hall, Alberto Migliore, Jean Winsor, Daria Domin

Daria Domin

This report provides statistics over 25 years from several existing national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendix provides individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day ...


Statedata: The National Report On Employment Services And Outcomes, 2012, John Butterworth, Allison Cohen Hall, Frank A. Smith, Alberto Migliore, Jean Winsor, Daria Domin, Jennifer Sulewski Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2012, John Butterworth, Allison Cohen Hall, Frank A. Smith, Alberto Migliore, Jean Winsor, Daria Domin, Jennifer Sulewski

Daria Domin

This report provides statistics over 20 years from several existing national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendix provides individual state profiles with data from several sources. These include the ICI’s National Survey of State Intellectual and ...


Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall Mar 2019

Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall

Daria Domin

Most people with intellectual disabilities (ID) aspire to gainful employment. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.


Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim

Daria Domin

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. This is because data sources vary in the specific target groups that can be described. Please refer to each chapter for the disability definition used in that chapter. We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources ...


Statedata: The National Report On Employment Services And Outcomes, 2014, John Butterworth, Jean Winsor, Frank A. Smith, Alberto Migliore, Daria Domin, Jaimie Ciulla Timmons, Allison Cohen Hall Mar 2019

Statedata: The National Report On Employment Services And Outcomes, 2014, John Butterworth, Jean Winsor, Frank A. Smith, Alberto Migliore, Daria Domin, Jaimie Ciulla Timmons, Allison Cohen Hall

Daria Domin

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day and ...


Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore Mar 2019

Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore

Daria Domin

Most people with intellectual or developmental disabilities aspire to gainful employment. To assist them with this goal, state Vocational Rehabilitation (VR) agencies offer employment-development services that are based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, which is defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that for various reasons not all individuals progress to receive services. This information is important because not receiving services translates directly into exiting the VR program without an ...


Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith Mar 2019

Data Note: Ssi Recipients Who Work, Daria Domin, Frank A. Smith

Daria Domin

Supplemental Security Income (SSI) is a means-tested income-support program administered by the Social Security Administration. Eligibility is contingent upon proving that one has a limited ability to work due to disability. However, the program offers several work incentives aimed at encouraging SSI recipients to enter the workforce while maintaining their benefits. Despite the promotion of employment through Work Incentives Planning and Assistance (WIPA) and other programs, a very small percentage of SSI recipients actually work. This Data Note examines the number of SSI recipients working by state in 2010.


Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos Mar 2019

Supporting Employment Consultants In Their Work With Job Seekers. A Longitudinal Study, Alberto Migliore, John Butterworth, Oliver Lyons, Kelly Nye-Lengerman, Paul Foos

John Butterworth

BACKGROUND: A key step for increasing the employment outcomes of job seekers with disabilities includes ensuring that employment consultants who assist them have the tools to succeed, including feedback about how they are performing. OBJECTIVE: Supporting employment consultants in their work with job seekers by providing feedback about the implementation of the support strategies recommended in the literature. METHODS: Sixty-one employment consultants completed a daily survey for one year, on their smartphones. RESULTS: Providing supports that lead to hire represented 30% of the employment consultants’ work time. When providing supports that lead to hire, most of the primary interactions were ...


Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth Mar 2019

Services For People With Intellectual And/Or Developmental Disabilities In The U.S. Territories, John Butterworth

John Butterworth

The following report represents an expansion of the data collection activities mandated by a 2012 Administration of Intellectual and Developmental Disabilities (AIDD) Funding Opportunity Announcement (FOA). Prior to 2012, the AIDD funded data projects, Access to Integrated Employment, Family and Individual Information Systems project (FISP), Residential Information Systems Project (RISP) and the State of the States in Developmental Disabilities only collected data from the 50 states and the District of Columbia. The 2012 FOA requested that three of the AIDD data projects work together to include the five U.S. Territories (American Samoa and the Commonwealth of the Northern Marianas ...


Classifying Wcag 2.0 Guidelines As The Legal Standard For Websites Under Title Iii Of The Americans With Disabilities Act, Toni Cannady Mar 2019

Classifying Wcag 2.0 Guidelines As The Legal Standard For Websites Under Title Iii Of The Americans With Disabilities Act, Toni Cannady

Catholic University Law Review

Over the last two decades, technological advancements have driven significant changes in society that have led to more productivity, more convenience, and more accessibility. In particular, websites serve as a platform for consumers to engage in commerce. Under Title III of the Americans with Disabilities Act, public accommodations are prohibited from discriminating on the basis of disability. Nonetheless, to date, the law “has failed to keep pace with these technological advances” creating profound effects for individuals with disabilities and businesses alike. However, in the absence of clearly defined standards, lawsuits by plaintiffs have fueled a new body of judicially made ...


Reforming Competence Restoration Statutes: An Outpatient Model, Susan A. Mcmahon Mar 2019

Reforming Competence Restoration Statutes: An Outpatient Model, Susan A. Mcmahon

Georgetown Law Faculty Publications and Other Works

Defendants who suffer from mental illness and are found incompetent to stand trial are often ordered committed to an inpatient mental health facility to restore their competence, even if outpatient care may be the better treatment option. Inpatient facilities are overcrowded and place the defendants on long waiting lists. Some defendants then spend weeks, months, or even years in their jail cell, waiting for a transfer to a hospital bed.

Outpatient competence restoration programs promise to relieve this pressure. But even if every state suddenly opened a robust outpatient competence restoration program, an obstacle looms: the statutes governing competence restoration ...


Who Will Educate Me? Using The Americans With Disabilities Act To Improve Educational Access For Incarcerated Juveniles With Disabilities, Lauren A. Koster Feb 2019

Who Will Educate Me? Using The Americans With Disabilities Act To Improve Educational Access For Incarcerated Juveniles With Disabilities, Lauren A. Koster

Boston College Law Review

Youth involved with the juvenile justice system present with a higher rate of disability, including mental illness and learning disabilities, than do non-system-involved youth. These young people are often eligible for special education services as provided by the federal Individuals with Disabilities Education Act (“IDEA”). Eligible youth incarcerated in juvenile detention and correctional facilities, however, often fail to receive these services. Education advocates typically bring suits against school districts and correctional institutions alike under the IDEA’s mandate to provide a free appropriate public education to students with disabilities. Unfortunately, this approach is failing because the IDEA is not able ...


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.