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Articles 451 - 456 of 456

Full-Text Articles in Disability Law

Public Law 94-142 And The Texas Law., Ann Macmurray Mar 1980

Public Law 94-142 And The Texas Law., Ann Macmurray

St. Mary's Law Journal

Abstract Forthcoming.


Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass Jan 1979

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …


The Institutionalized Child's Claim To Special Education: A Federal Codification Of The Right To Treatment, 56 U. Det. J. Urb. L. 337 (1979), Patrick A. Keenan, Celeste M. Hammond Jan 1979

The Institutionalized Child's Claim To Special Education: A Federal Codification Of The Right To Treatment, 56 U. Det. J. Urb. L. 337 (1979), Patrick A. Keenan, Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.


Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn Oct 1978

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …


Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim Oct 1976

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …


Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf Jan 1972

Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf

Journal Articles

Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. …