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Full-Text Articles in Disability Law

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.


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.


Endrew F. Clairvoyance, Mark Weber Jan 2019

Endrew F. Clairvoyance, Mark Weber

College of Law Faculty

The Second Circuit Court of Appeals has declared that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.,” the 2017 Supreme Court decision interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its ...


Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano Jan 2019

Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano

Touro Law Review

No abstract provided.


Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay Jan 2019

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Touro Law Review

No abstract provided.


Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee Jan 2019

Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee

Touro Law Review

No abstract provided.


Endrew F. Clairvoyance, Mark C. Weber Jan 2019

Endrew F. Clairvoyance, Mark C. Weber

Touro Law Review

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.


Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell Jan 2019

Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell

Touro Law Review

No abstract provided.


Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders Jan 2019

Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders

Touro Law Review

No abstract provided.


Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck Jan 2019

Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck

Touro Law Review

No abstract provided.


The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone Jan 2019

The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone

Touro Law Review

No abstract provided.


Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy Jan 2019

Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy

Touro Law Review

No abstract provided.


Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss Jan 2019

Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss

Touro Law Review

No abstract provided.


Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin Nov 2018

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew ...


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel Sep 2018

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel Mar 2018

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen Jan 2018

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.


The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley Apr 2017

The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley

Journal of the National Association of Administrative Law Judiciary

In this article, I argue that the phrase "due weight" incorporates a deferential review standard equivalent to the clear error or substantial evidence standard, a conclusion reached by a minority of the circuit courts of appeal. I further argue that, consistent with Rowley, federal courts must afford due weight to administrative officers' substantive or educational conclusions, but no weight to their procedural or non-educational conclusions. Part II offers a general outline of the IDEA, giving special attention to its judicial review provisions. In Part III, I provide a general discussion of judicial review of administrative adjudication. Part IV is devoted ...


The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer Apr 2017

The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer

Journal of the National Association of Administrative Law Judiciary

This article provides a synthesis of the three approaches to IEP implementation cases. More specifically, Part I summarizes the materiality/benefit approach, which-like the two-step approach for procedural violations but on a more intertwined basis-requires both a substantial non-implementation and an insufficient benefit. Part II summarizes the materiality-alone approach, which requires only a substantial failure. Part III summarizes the per se approach, which results in a denial of FAPE for any failure to implement beyond one that is clearly de minimis. Finally, Part IV provides conclusions and recommendations for IHOs in light of the incomplete precedential pattern to date. The ...


Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel Apr 2016

Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The purpose of this article, in light of the practical significance and the limited literature addressing the IDEA’s hearing level SOL, is to provide a current and concise overview of the case law addressing this specific issue. Part I provides the basic nature and purpose of SOL generally, and specifically how SOL applies to the IDEA’s impartial hearings. Parts II–IV addresses the elements of the SOL statutory provisions in terms of the triggering date, the exceptions, and the duration and effect of the SOL, including the importance of G.L. v. Ligonier Valley School District Authority. Part ...


Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel Apr 2016

Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.


Matter Of Kevin M., Donna A. Napolitano Mar 2016

Matter Of Kevin M., Donna A. Napolitano

Touro Law Review

No abstract provided.


From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley Mar 2016

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that ...


The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk Nov 2015

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate ...


An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus May 2015

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel May 2015

Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal ...


Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver Jan 2015

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Akron Law Publications

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure.

This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among ...


Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber Jan 2015

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber

Mark C. Weber

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no ...


Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber Jan 2015

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber

College of Law Faculty

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no ...