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Disability Law Commons

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Full-Text Articles in Disability Law

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.


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

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

Touro Law Review

No abstract provided.


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law Sep 2018

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos Nov 2017

Educational Equality For Children With Disabilities: The 2016 Term Cases, Samuel R. Bagenstos

Book Chapters

One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The debate is vexing in part because there are many ways to specify “equality” and “adequacy.” Are we talking about equality of inputs (which inputs?), equality of opportunity (to achieve what?), or equality of results (which results?)? Douglas Rae and his colleagues famously argued that there are no fewer than 108 structurally distinct conceptions of equality. And how do we ...


Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson Mar 2014

Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson

Pace Law Review

The shortage of special education teachers in the United States, and the adverse consequences flowing from factors related to this condition provide a unique opportunity for scholars to study these issues through interdisciplinary research. Educational scholars have typically focused their research on educational practice and institutional policy. Although this scholarship frequently acknowledges the statutory and regulatory foundations of the IDEA, the literature does not generally adopt a legal framework for research purposes. This is not a criticism of educational scholars. It is merely an observation that opportunities exist to study special education teacher issues in a broader context. This Article ...


School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp Jan 2012

School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp

Articles

To read the Individuals with Disabilities Education Act (IDEA) is to be impressed with the ambition and promise of special education. The statute guarantees disabled students a "free appropriate public education" (FAPE) in the "least restrictive environment." At the core of this guarantee lies an entitlement for the parents of a disabled child to collaborate with teachers and school administrators to craft an educational program that is both tailored to the child's unique needs and designed to help her make progress in her education. This entitlement, and the IDEA generally, represents an enormous advance for children with disabilities--a community ...


Special Education Law, William H. Hurd, Stephen C. Piepgrass Nov 2009

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.


For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh Jul 2005

For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh

University of Michigan Journal of Law Reform

This Article explores whether claims under the federal special education statute should be tolled on account of minority. Adult disabled students typically assert this type of tolling claim when alleging statutory violations dating back ten or more years, when they were minors. However this tolling claim is decided, there may be undesired results. First, even if the student has a very strong case, the merits are never reached if the court dismisses the hearing request as untimely. Second, if the hearing request is timely and the case proceeds to the merits, the student must remain in her current educational placement ...


The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary Jan 2002

The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary

Journal of Health Care Law and Policy

No abstract provided.


Introduction, Michael J. Pappas Jan 2002

Introduction, Michael J. Pappas

Journal of Health Care Law and Policy

No abstract provided.


Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton Jan 2002

Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton

Journal of Health Care Law and Policy

This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.


The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon Jan 2002

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.


Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien Jan 2002

Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Journal of Health Care Law and Policy

No abstract provided.


The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis Jan 2002

The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis

Journal of Health Care Law and Policy

No abstract provided.


New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith Jan 2002

New Perspectives On Education Children With Adhd: Contributions Of The Executive Functions, Gerard A. Gioia, Peter K. Isquith

Journal of Health Care Law and Policy

No abstract provided.


Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson Jan 2002

Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson

Journal of Health Care Law and Policy

No abstract provided.


Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum Jan 2002

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.


Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene Jan 2002

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.


The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler Jan 1994

The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler

University of Michigan Journal of Law Reform

For two years, beginning in the fall of 1991, I was involved in an ongoing legal battle with the Delaware County, Pennsylvania Intermediate Unit No. 25 regarding the "appropriateness" of preschool programming for my son. To a large degree, the following Article has its origin in that battle.

Nevertheless, the point of this Article is neither to get even for wrongs, real or imagined, nor to utilize these pages to supplement the already extensive briefs and formal arguments made in that case. Rather, I believe that my position as a law professor, lawyer, litigant, and parent of a disabled child ...


Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim Oct 1976

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework ...