Disability Law Commons^™

Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton

Journal of Health Care Law and Policy

This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.

Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Journal of Health Care Law and Policy

No abstract provided.

The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary

Journal of Health Care Law and Policy

No abstract provided.

Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson

Journal of Health Care Law and Policy

No abstract provided.

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, …

Making Up For Lost Time: The Third Circuit's Use Of Remedies For Violations Of The Individuals With Disabilities Education Act, Jean M. Bond

Villanova Law Review (1956 - )

No abstract provided.

Accommodating The Learning Disabled Student On Campus, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Each year nearly 19 million persons matriculate at American colleges and universities as undergraduate or graduate students. A substantial segment of these students are disabled. For disabled students matriculating through American higher education institutions, a tremendous battle is being waged as to the educational experience afforded those students with learning disabilities." Lawyers, educators and students are embroiled in a complex tug-of war that will have a lasting impact on higher education. This article examines some of the legal issues that will undoubtedly challenge those seeking to strike a balance between hard-line advocates for disabled students and educational professionals required to …

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre

Washington Law Review

School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …

Which Queue?, Robert J. Sternberg, Elena L. Grigorenko

Michigan Law Review

It is annoying when one is in a long line - at a ticket counter, at a supermarket, at a bank - and someone "jumps the queue," taking a position in line ahead of other people who lined up first. The title of Mark Kelman and Gillian Lester's book, Jumping the Queue, gives the reader advance warning of the authors' position on people who edge ahead in line. But the topic of their book is not ticket, supermarket, or bank lines, but rather the line to enjoy the benefits of society. And the focus of the analysis of queue-jumpers is …

Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre

Scholarly Works

Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …

Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.

Zobrest V. Catalina Foothills School District: A Victory For Disabled Children, A Snub For The Lemon Test, Michaelle Greco Cacchillo

Loyola University Chicago Law Journal

No abstract provided.

The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler

University of Michigan Journal of Law Reform

For two years, beginning in the fall of 1991, I was involved in an ongoing legal battle with the Delaware County, Pennsylvania Intermediate Unit No. 25 regarding the "appropriateness" of preschool programming for my son. To a large degree, the following Article has its origin in that battle.

Nevertheless, the point of this Article is neither to get even for wrongs, real or imagined, nor to utilize these pages to supplement the already extensive briefs and formal arguments made in that case. Rather, I believe that my position as a law professor, lawyer, litigant, and parent of a disabled child …

Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek

Loyola University Chicago Law Journal

No abstract provided.

Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake

In the Public Interest

No abstract provided.

Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel

Journal Articles

No abstract provided.

Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.

The Church, The State, And The Eha: Educating The Handicapped In Light Of The Establishment Clause, Thomas F. Guernsey, M. Grey Sweeney

Law Faculty Publications

All parents have the basic right to guide the educational future of their children. Prior to the 1970s, however, it was not unusual for the parents of a handicapped child to find it difficult, if not impossible, to provide their child with a genuine opportunity to learn. Despite the Supreme Court's proclamation in 1954 that education, "where the state has undertaken to provide it, is a right which must be made available to all on equal terms," handicapped children were routinely excluded from public education or segregated within it. Congress, responding to the increasingly vocal call for equal education, took …

Athlete Agent Regulation: Proposed Legislative Revisions And The Need For Reforms Beyond Legislation, Kenneth L. Shropshire

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When The Teachers And Parents Can’T Agree, Who Really Decides? Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey

Law Faculty Publications

In 1975, the United States Congress passed, and President Ford signed into law, the Education for All Handicapped Children Act (hereinafter the Act or EAHCA). The key provision of the Act was that each handicapped child was entitled to a Free and Appropriate Public Education (hereinafter FAPE). Congress provided extensive procedural protections to ensure that the school authorities provided children with a FAPE. The extensive procedural protections included parental participation in most decisions affecting the child's educational program. ...

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

Supreme Court Case Files

No abstract provided.

Smith V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Handicapped Law—Education For All Handicapped Children Act Does Not Require States To Provide Best Possible Option, Linda Joyce Bradley

University of Arkansas at Little Rock Law Review

No abstract provided.

School Discipline And The Handicapped Child

Washington and Lee Law Review

No abstract provided.

Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.