Disability Law Commons^™

Around The World: America Ahead Of The Curve With Discussion Around Least Restrictive Environment: Education Rights For Children With Disabilities Around The World, Elise Harmening

Children's Legal Rights Journal

No abstract provided.

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 …

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Forensic Psychiatry And The Law: Litigation, Advocacy, Scholarship And Teaching, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Disability Cliff, Samuel R. Bagenstos

Articles

We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.

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

Akron Law Faculty 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 scholars …

Bright "Idea" Or Missing The Mark? The Third Circuit Restricts Reimbursement For Residential Placement Under The Individuals With Disabilities Education Act, Nicole Pedi

Villanova Law Review (1956 - )

No abstract provided.

Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto

Villanova Law Review (1956 - )

No abstract provided.

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.

Idea And Alternative Dispute Resolution: A Primer, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Alternative dispute resolution (ADR) procedures are the cornerstone of the provisions in the Individuals with Disabilities Education Act (IDEA) that mandate the timely resolution of disagreements between parents and school officials.

ADR procedures are in the form of mediation and resolution sessions that are held before culminating in due process hearings. The sessions are designed to be speedier, less costly, and less adversarial than litigation. Subject to infrequent exceptions, disagreements can be subject to judicial review only after parents and education officials have exhausted the administrative remedies under the IDEA. The provisions establish time frames that parties must meet before …

20 U.S.C. § 1406(B), Brian J. Levy

Buffalo Law Review

No abstract provided.

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 …

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …

Where Schools Close In Chicago, Randall K. Johnson

Faculty Works

It is often assumed that schools close, disproportionately, in disadvantaged parts of Chicago. The assumption, however, has yet to be substantiated by research. As a result, this article tests the assumption in order to explain where schools close in Chicago. It does so by introducing a new Chicago Public School (CPS) closings dataset. The dataset sheds some light on the phenomenon by identifying 130 schools that closed, twenty-seven ZIP codes that experienced CPS closings and three demographic characteristics of these ZIP codes. In the process, this dataset helps to explain how CPS closings relate to race, income and location.

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Has Time Expired For Time-Out Rooms?, Charles J. Russo

Educational Leadership Faculty Publications

An issue that continues to raise serious concerns for education leaders surrounds the treatment of students with disabilities who behave unacceptably. In Honig v. Doe (1988), the Supreme Court acknowledged that in such cases, among the procedures available to educators is “the use of study carrels, timeouts, detention, or the restriction of privileges” (p. 325). Time-out rooms—typically small rooms where students who misbehave are sent until they can safely regain their composure—continue to be used in most jurisdictions, subject to state oversight via statutes and regulations (U.S. Department of Education 2010).

The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The aim of this essay, prepared for a symposium on dispute resolution in special education held at The Ohio State University Moritz College of Law in February 2014, is to highlight ways that advocates for children with disabilities can use federal agencies to improve the implementation and enforcement of federal laws protecting children with disabilities in schools—that is, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act as it relates to schools.

One can spend a lot of time engaging with the contemporary public conversation about the law surrounding …

No Idea What The Future Holds: The Retrospective Evidence Dilemma, Dennis Fan

Faculty Scholarship

The Individuals with Disabilities Education Act’s predecessor established a multilevel administrative and judicial review system for special education decisions, and ever since, the volume of special education cases in federal court has ballooned. Most present cases involve disputes over whether the school district drafted an individualized education program capable of providing a child with disabilities a “free appropriate public education.” But what evidence parties can bring to these disputes is not settled. Circuit courts are split on whether “retrospective evidence” — evidence that arises after the school district drafts the individualized education program — is admissible. This Note addresses present …

Should States Ban The Use Of Non-Positive Interventions In Special Education? Re-Examining Positive Behavior Supports Under The Idea, Elizabeth Shaver

Akron Law Faculty Publications

In the 1980s and 1990s, behavior analysts vigorously debated ethical concerns about the use of certain behavioral interventions to address severe behavior of disabled children. In 1997, while that debate was still ongoing, the Individuals with Disabilities Education Act (IDEA) was amended to require educators to consider the use of “positive behavioral interventions and supports,” among other strategies, to address problem behavior that impedes a disabled child’s learning. Since 1997, the “positive behavioral interventions and supports” framework has shifted focus, but IDEA’s language essentially has stayed the same. In addition, some states have enacted poorly-worded statutes or regulations in order …

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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 regarding …

The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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 …

California Hearing Officer Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.