Disability Law Commons^™

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Akron Law Review

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.

"The Shameful Wall Of Exclusion": How Solitary Confinement For Inmates With Mental Illness Violates The Americans With Disabilities Act, Jessica Knowles

Washington Law Review

Although solitary confinement is conventionally challenged under the “cruel and unusual” standard of the Eighth Amendment, this approach presents several intractable legal hurdles to successful claims. The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., and its precursor, the Rehabilitation Act, provide innovative and non-constitutional causes of action for inmates with mental illness1 to challenge their solitary confinement. It is estimated that at least thirty percent of inmates in solitary confinement are mentally ill, a high percentage that is due to both the disproportionate number of mentally ill inmates who are isolated from the general prison population …

Transportation For Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Transportation and other related services for students with disabilities are essential, and the costs associated with their delivery can weigh heavily on district budgets and the minds of school business officials.

School districts typically offer transportation to students with disabilities in district-owned and -operated vehicles, in vehicles owned and operated by private service providers, or via public transportation; occasionally, districts may enter into contracts with parents to transport their children to school. When students are unable to access the standard modes of transportation, school officials must make special transportation arrangements. According to the Individuals with Disabilities Education Act (IDEA) regulations, …

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal representation …

Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki

Indiana Journal of Law and Social Equality

Perhaps due to the dramatic increase in children diagnosed with autism, a new type of charter school has emerged that is designed to specifically serve students with autism. If these autism charter schools illegally segregate students with autism from typically developing peers, they are vulnerable to legal challenges. In this Article, we identified many constitutional and statutory violations that could exist at autism charter schools; however, our review of the litigation found that autism charter schools have not been challenged for these legal violations. Instead, we found only one charter school case alleging segregation based on ability level and eight …

Partnerships In Employment: Supporting Adults With Intellectual And Developmental Disabilities In Their Communities, Jean Winsor, Jennifer Sulewski, Karen Flippo, John Butterworth

All Institute for Community Inclusion Publications

This report highlights the latest strategies and best practices to better support adults with intellectual and developmental disabilities (I/DD) living and working in their community.

Emerging Practices, Transition: Interagency Collaboration (Issue Number 1 Of 8), Jean Winsor, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Training And Technical Assistance (Issue Number 7 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Strategic Goals And Operating Policies (Issue Number 3 Of 8), Karen Flippo, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Leadership (Issue Number 2 Of 8), Karen Flippo, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Funding Mechanisms (Issue Number 5 Of 8), Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Services And Service Innovations (Issue Number 6 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Youth Leadership And Family Engagement (Issue Number 8 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Performance Measurement And Data Management (Issue Number 4 Of 8), Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson

University of Richmond Law Review

No abstract provided.

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”

Classifying Obesity As A Disability Under The Americans With Disabilities Act: How Seff V. Broward County Is Incongruent With Recent Ada Litigation, Maura Flaherty Mccoy

Catholic University Law Review

This Note discusses how employer wellness programs are potential breeding grounds for Americans with Disabilities Act discrimination claims in light of recent ADA cases relating to obesity and how courts’ treatment of the safe harbor provision of the ADA is incongruent with the broadening of ADA claims. It looks at the provisions of the ADA and how courts have traditionally defined “disability” in obesity cases, describes the ADA safe harbor provision, and discusses the advent of corporate wellness programs. This Note then analyzes Seff v. Broward County, the most notable wellness program case to-date, and how the court’s decision …

Discrimination Cases In The 2001 Term Of The Supreme Court, Eileen Kaufman

Touro Law Review

No abstract provided.

Increasing Community Engagement For Individuals With Intellectual/Developmental Disabilities, Jennifer Bose, Jennifer Sulewski

Office of Community Partnerships Posters

These three projects highlight various aspects of the Institute for Community Inclusion's efforts to increase community engagement of people with intellectual and developmental disabilities, both locally and nationally. The Transitions to Work project, for which ICI provides evaluation assistance, partners with Boston-area employers to increase engagement of adults with disabilities in the regional workforce. The Community Life Engagement initiative complements the employment focus by looking at other aspects of community life, such as volunteerism and participation in community events and resources. On the national level, Real People Real Jobs is a website and publication series highlighting the employment successes of …

National & International Disability Inclusion In Employment, Debrittany Mitchell, Heike Boeltzig-Brown, Quinn Barbour

Office of Community Partnerships Posters

Through research, technical assistance, training and collaboration the Institute for Community Inclusion strives to improve employment outcomes for individuals both nationally and internationally. The following highlights some of the work currently in progress in the United States and Japan.

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Faculty Publications By Year

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …

The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein

Michigan Law Review

Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …

Problem Gambling Is Funny, David M. Ranscht

UNLV Gaming Law Journal

No abstract provided.

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Utility And Limits Of Self-Exclusion Programs, Keith C. Miller

UNLV Gaming Law Journal

No abstract provided.

Mutual Marginalization: Individuals With Disabilities And Workers With Caregiving Responsibilities, Nicole Buonocore Porter

Florida Law Review

This Article explores the marginalization of two groups of employees—individuals with disabilities and workers with caregiving responsibilities. One might argue that these two groups have little in common. However, while these groups are not perfectly aligned, they do have much in common in the workplace. First, these employees are unable to consistently meet their employers’ expectations of an “ideal worker.” Thus, they often must seek adjustments or modifications in the workplace to accommodate for their failure to conform to the ideal-worker norm. The need for accommodation causes both groups of employees to suffer from “special-treatment stigma,” which manifests itself in …

Working Inclusiveness Into Society, Singapore Management University

Perspectives@SMU

Treating the disabled as no different from able-bodied folks and holding them to the same standards are key

Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler

Pepperdine Law Review

After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …