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Full-Text Articles in Disability Law

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 ...


The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi Jan 2019

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.


A Call For Ncaa Adapted Sports Championships: Following The Eastern College Athletic Conference’S Lead To Nationalize Collegiate Athletic Opportunities For Student-Athletes With Disabilities, Dayle Marie Comerford Jan 2018

A Call For Ncaa Adapted Sports Championships: Following The Eastern College Athletic Conference’S Lead To Nationalize Collegiate Athletic Opportunities For Student-Athletes With Disabilities, Dayle Marie Comerford

Marquette Sports Law Review

None


Blatt V. Cabela's Retail, Inc. And A New Path For Transgender Rights, Kevin M. Barry, Jennifer L. Levi Jan 2017

Blatt V. Cabela's Retail, Inc. And A New Path For Transgender Rights, Kevin M. Barry, Jennifer L. Levi

Faculty Scholarship

Since the Supreme Court recognized marriage equality in Obergefell v. Hodges, civil rights advocates have increasingly set their sights on transgender rights as the next legal frontier. Sex discrimination law, though an essential statutory tool, is not the only potential avenue for securing rights for transgender individuals. Another important federal source of protection for transgender people is disability rights law—in particular, the Americans with Disabilities Act (ADA). Disability rights law, unlike sex discrimination law, applies to public accommodations and government services, and also mandates reasonable accommodations. A transgender litigant successfully invoked the protections of the ADA for the first ...


No Restoration, No Rehabilitation: Shadow Detention Of Mentally Incompetent Noncitizens, Sarah Sherman-Stokes Jan 2017

No Restoration, No Rehabilitation: Shadow Detention Of Mentally Incompetent Noncitizens, Sarah Sherman-Stokes

Faculty Scholarship

This article examines the burgeoning mental competency regime in immigration removal proceedings, as well as its shortcomings. While some strides have been made in the last six years to identify noncitizen detainees who are incompetent, and to implement safeguards, including appointed counsel, to protect their rights, the current mental competency framework fails to protect some of the most vulnerable. Specifically, this article explains that mentally incompetent, noncitizen detainees for whom no adequate safeguards are available, face a kind of shadow, prolonged and potentially indefinite detention. These detainees’ continued detention is wholly without process – despite their incompetence, they are not provided ...


A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri Jan 2016

A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri

Faculty Scholarship

The U.S. Supreme Court’s decision in Obergefell v. Hodges establishing marriage equality for same-sex couples marks a major shift in recognizing gay, lesbian, and bisexual people as a central part of the fabric of American society. Obergefell also marks the passing of the torch from “LGB” to “T”; the next civil rights frontier belongs to transgender people, for whom key barriers still remain. In January 2015, a transgender woman filed an equal protection challenge to a provision of the Americans with Disabilities Act (“ADA”), which explicitly excludes several medical conditions closely associated with transgender people. In support of ...


Organ Transplantation Eligibility: Discrimination On The Basis Of Cognitive Disability, Tien-Kha Tran Jan 2016

Organ Transplantation Eligibility: Discrimination On The Basis Of Cognitive Disability, Tien-Kha Tran

Journal of Law and Policy

Congress passed the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in response to the extensive history of discrimination Americans with disabilities have faced. These federal statutes provide that no individual is to be precluded from enjoying the programs provided by certain entities solely on the basis of their disability. However, this is difficult in regards to organ transplantation and individuals with cognitive disabilities. The issue lies where a physician is faced with the difficult decision in pursuing their moral and ethical obligations to preserve life while determining whether a specific cognitive disability is a contraindication ...


Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley Sep 2014

Evading Promises: The Promise Of Equality Under U.S. Disability Law And How The United Nations Convention On The Rights Of Persons With Disabilities Can Help, Rachel H. Hinckley

Georgia Journal of International & Comparative Law

No abstract provided.


Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Apr 2013

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments ...


Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr. Apr 2013

Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.

Journal of the National Association of Administrative Law Judiciary

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 ...


Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr. Jan 2012

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 ...


Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo Jan 2011

Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo

All Faculty Scholarship

This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research ...


Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne Jan 2008

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne

Susanne Bruyère

In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of ...


Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy Jan 2006

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better ...


Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein Feb 2003

Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This policy brief addresses whether providing personal assistance services in the workplace is a reasonable accommodation as defined in the ADA, and if so, under which circumstances.


Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae Jan 2003

Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff Nov 2002

Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This checklist can help staff and directors at One-Stop Career Centers and state and private agencies evaluate the quality and responsiveness of their services to job seekers with disabilities. Areas covered include access to resources, agency culture, coordination, and consumer-directedness.


Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne Mar 2002

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne

K. Lisa Yang and Hock E. Tan Institute on Employment and Disability Collection

In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of ...


Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel Dec 2001

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.


Deference And Disability Discrimination, Rebecca Hanner White Dec 2000

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the ...


Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein May 1999

Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.


Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman Jan 1992

Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will ...


Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone Jan 1988

Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone

University of Richmond Law Review

Disabled persons represent approximately fifteen percent of the population of the United States, making this minority group one of the largest in American society. In Virginia, it is estimated that there are 750,000 disabled persons. Most of these people are dependent upon some form of governmental services ranging from state funded residential placement to more subtle accommodation such as a wheelchair ramp to provide access to public buildings. The degree to which handicapped citizens are integrated into the mainstream of society depends upon the availability of these services and the implementation of laws insuring access to them.


Irving Independent School District V. Tatro, Lewis F. Powell Jr. Oct 1983

Irving Independent School District V. Tatro, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Legislation By Implication: The Exercise Of Legislative Authority Under The 1978 Amendments To Section 504 Of The Rehabilitation Act Of 1973, Nancy T. Ray Jan 1979

Legislation By Implication: The Exercise Of Legislative Authority Under The 1978 Amendments To Section 504 Of The Rehabilitation Act Of 1973, Nancy T. Ray

Kentucky Law Journal

No abstract provided.