Disability and Equity in Education Commons^™

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.

An Examination Of Section 504 In Practice: Dark Days For Student Rights, Ann S. Maydosz

Communication Disorders & Special Education Theses & Dissertations

Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress educational inequities for struggling students because it can provide support for students with disabilities and impairments not covered by IDEA. However, due to vague wording, unclear case law, and limited training for school divisions and practitioners, schools are unsure how to implement and to comply with Section …

Data Note: Postsecondary Education And Employment Outcomes For Youth With Intellectual Disabilities, Alberto Migliore, John Butterworth

Data Note Series, Institute for Community Inclusion

Completion of postsecondary education is commonly associated with better employment outcomes for the general population. There is increasing interest in postsecondary education as an opportunity for individuals with intellectual disabilities (ID). One role that vocational rehabilitation (VR) serves is to support postsecondary education in accordance with their Individualized Plan for Employment (IPE).

It's A Blessing, Douglas E. Abrams

Faculty Publications

No abstract provided.

Perceptions And Knowledge Of Special Education Law Among Building Administrators In A Selected Georgia School District, Patricia Claire Grasso

Dissertations

The Individuals with Disabilities Education Act (IDEA) has impacted every school district in the United States and significantly altered the role of administrators. Requirements for the administration and supervision of special education have developed exponentially since the enactment of Public Law 94- 142 and its reauthorization as the IDEA.

The purpose of this study was to compare the perceptions and knowledge of building administrators regarding special education law. The following research questions were developed to facilitate this study: (a) is there a difference in the level of knowledge about special education law among building administrators regarding the seven provisions of …

The Ideia And The Right To An "Appropriate" Education, Andrea Blau

Brigham Young University Education and Law Journal

No abstract provided.

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

Regular Education Teachers Formulating Special Education Plans: M.L. V. Federal Way School District And The Idea, Christine Farnsworth

Brigham Young University Education and Law Journal

No abstract provided.

Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon

Brigham Young University Education and Law Journal

No abstract provided.

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Law Faculty Articles and Essays

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system …

"The Irresistible Force Meets The Immovable Object": When Antidiscrimination Standards And Religious Belief Collide In Aba-Accredited Law Schools, Kristin B. Gerdy

Faculty Scholarship

No abstract provided.

The Americans With Disabilities Act And How It Affects Post-Secondary Education, Annette Louise Beck

Graduate Research Papers

The Americans with Disabilities Act and how it affects post-secondary education is what this literature review addresses. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against someone with a disability in places of employment and public places. In 1973, the United States Congress passed Section 504 and The Individuals with Disabilities Education Act (IDEA) was passed in 1990. Both helped solidify regulations regarding discrimination by any entity that receives federal funding including educational institutions. The law requires employers or schools to make a change or adjustment in a work or educational setting, program, or job that makes it …

Letter To The Editors, Charles W. Collier

Journal of Legal Education

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.

Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan

The Institute Brief Series, Institute for Community Inclusion

College students with disabilities enter with less work experience and have a harder time finding jobs than their nondisabled peers. Experiential education-- mentoring, internships, job shadowing, and so on-- can create a bridge to graduation and employment. However, that requires college professionals to consider access issues for all students. A new Institute Brief provides basic disability awareness information, suggests ways to create welcoming career offices, and offers ideas to increase access to experiential education.

A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty

Brigham Young University Education and Law Journal

No abstract provided.

High School Exit Exams Meet Idea—An Examination Of The History, Legal Ramifications, And Implications For Local School Administrators And Teachers, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

Practicing Universality: The Inter-Disciplinary Imperatives Of Human Rights, Andrew Fagan

Human Rights & Human Welfare

A review of:

Human Rights: Universality in Practice by Peter R. Baehr. Hampshire, UK: Palgrave, 2001. 178pp.

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West

Brigham Young University Education and Law Journal

No abstract provided.

Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff

Brigham Young University Education and Law Journal

No abstract provided.

India: Training Teachers For Children With Mental Retardation, Sharon A. Raver

Communication Disorders & Special Education Faculty Publications

India is a country of contradictions. On one hand, India is a modern country moving toward becoming a world leader in computer technology and boasts the second most computer literate population in the world (Babington, 2000; Kumar, 1999). On the other hand, India is a developing nation with 14 constitutionally recognized languages, 25% of the world's malnourished (Babington, 2000), and a majority that practices customs in everyday life that are 5,000 year old (Kumar, 1999). India is rich in natural resources and yet, because its population grows as quickly as its economy, it has one of the world's lowest per-capita …

Petition For Writ Of Certiorari, Richard W. Garnett, Michael Stokes Paulsen, David C. Gibbs Jr., David C. Gibbs Iii, Charlotte A. Cover, Barbara J. Weller

Court Briefs

No. 00-131
K.D.M. v. Reedsport School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Reasons for Granting the Writ

The Ninth Circuit conceded that the regulation at issue below " 'discriminates' against students in religious schools, i.e., treats them differently by denying them state services on the school grounds." KDM, 196 F.2d 1046, 1051 (9th Cir. 1999) (App. B at 11 a). This, then, is a case about admitted discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. …

Functional Behavioral Assessment: Process Without Procedure, Cynthia A. Dieterich, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.

Seeing Through A Glass Darkly: The Supreme Court's Narrowed Definition Of Disability, Scott E. Ferrin

Brigham Young University Education and Law Journal

No abstract provided.

Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel

Brigham Young University Education and Law Journal

No abstract provided.

Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts

The Institute Brief Series, Institute for Community Inclusion

Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.