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Full-Text Articles in Law

The Verdict And Response, Edward Earl Bell Jul 2013

The Verdict And Response, Edward Earl Bell

Edward Earl Bell

The murdering of black boys is not foreign. Prior to Zimmerman, black boys were murdered in streets from coast to coast. “We” were somewhat silent calling for a global ending of these deaths. The Zimmerman verdict seems to have produced clamor not only in the black community but also in communities across the globe.


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 …


International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson Jan 2010

International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.


!!! مدرسه ابوریحان, Sajjad Khaksari Dec 2008

!!! مدرسه ابوریحان, Sajjad Khaksari

SAJJAD KHAKSARI

داستان کوتاه «مدرسه ابوریحان» داستانی از واقعیت تلخ نظام آموزش و پرورش ایران است. تجربه ای میدانی از بحران فرهنگی اجتماعی که ریشه در اندیشه های متحجر مدیران این وزرات خانه دارد


Special Education Funding And Fape In Lakewood, Arthur Lang Jan 2008

Special Education Funding And Fape In Lakewood, Arthur Lang

Arthur Lang

Federal law requires each State to offer a free and appropriate education to students found in private schools. New Jersey grants each private school student found to need special education services $2,135 for a free and appropriate education in a public school, while each student initially found in public schools is granted $14,531 (including categorical aid).


Who Is Eligible Under The Individuals With Disabilities Education Improvement Act?, Robert A. Garda Jr. Jan 2006

Who Is Eligible Under The Individuals With Disabilities Education Improvement Act?, Robert A. Garda Jr.

Robert A. Garda

Determining who is eligible under the Individuals with Disabilities Education Improvement Act (IDEA) has plagued decision-makers for over three decades, leading to both over- and under-identification of eligible children and the disproportionate identification of minority students as disabled. The statutory requirements for finding a child IDEA-eligible appear straightforward: a child must have an enumerated disability that adversely affects educational performance and by reason thereof the child must need special education. Application of these provisions has proven problematic, however, and the authorities are divided as to what constitutes “educational performance,” when is it “adversely affected” by the disability, under what circumstances …


The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr. Jan 2005

The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr.

Robert A. Garda

African American students are being re-segregated in today's public schools by their disproportionate placement in special education classes for the disabled pursuant to the Individuals With Disabilities in Education Act (IDEA). At the same time, the overall number of children found disabled and entitled to special education under the Act has skyrocketed over the past decade, leaving special education classes with swollen roles and inadequate resources. Congress attempts to remedy this divisive dual eligibility crisis when it re-authorized the IDEA in 2004 by promoting an educational paradigm of individualized instruction in general education. The new IDEA seeks to "fix" special …


Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr. Jan 2004

Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr.

Robert A. Garda

Finding a child eligible for special education under the Individuals with Disabilities Education Act (IDEA) is one of the most important, if not the most important, decision that will be made in that child's life. Despite the importance of eligibility determinations the eligibility criteria of IDEA are intricately tangled and often misapplied by courts, hearing officers and inevitably parents and educators. The confusion surrounding eligibility standards leads to the disastrous results of both over-identification and under-identification of IDEA eligible children. This Article attempts to untangle the web of IDEA eligibility standards in order to determine who is entitled to its …