Disability Law Commons^™

Wheelchair Ramps In Cyberspace: Bringing The Americans With Disabilities Act Into The 21st Century, Trevor Crowley

BYU Law Review

No abstract provided.

Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman

Cleveland State Law Review

The right to reasonable accommodations under the Americans with Disabilities Act includes leave that will enable an employee with a disability to return to work rather than being discharged. This right may seem unreasonable for an employer needing employees to be at work to be productive, raising the question of when leave as an accommodation becomes unreasonable or imposes an undue hardship on an employer. In the absence of specific guidance from the Supreme Court, the circuit courts apply a variety of approaches, ranging from individualized analysis to determinations that any leave exceeding some number of weeks is unreasonable. In …

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.

Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean Winsor

Data Note Series, Institute for Community Inclusion

In FY2012, an estimated 605,680 individuals received day or employment supports from state IDD program agencies. This number grew from 457,405 in FY1999. The estimated number of individuals in integrated employment services increased from 108,680 in FY1999 to 111,670 in FY2012. State investment continues to emphasize facility-based and non-work services, rather than integrated employment services.

Partnerships In Employment Brief: Engaging Families Of Youth With Intellectual Disabilities In Systems Change Efforts, Sean Roy

All Institute for Community Inclusion Publications

This brief will highlight the reasons why parents and families are essential partners in any systems change effort. It will describe the importance of the family’s perspective, and how their experiences should be used to shape policy recommendations. It will offer strategies on how to engage parents and families in systems change efforts, and how to promote family involvement to state-level partners.

Data Note: Are Young Adults With Intellectual Disabilities Getting Work Experiences From Participating In The Vocational Rehabilitation Program?, Alberto Migliore, Jean Winsor

Data Note Series, Institute for Community Inclusion

To learn about whether young adults with intellectual disabilities in the vocational rehabilitation (VR) program are getting work experience, we examined the age at application of people with intellectual disabilities who exited the VR program in 2012.

Data Note: Vocational Rehabilitation Closure Trends For Individuals With Intellectual Disabilities: A Snapshot Of Five U.S. Territories, Jean Winsor, Daria Domin

Data Note Series, Institute for Community Inclusion

Beginning in FY2013, the Administration on Intellectual and Developmental Disabilities requested that each Project of National Significance include the five primary territories of the United States in data collection and analysis efforts. The five territories included in this analysis are American Samoa, Guam, Northern Marianas, Puerto Rico, and the Virgin Islands of the United States.

Partnerships In Employment: Summary Of: Section 1915(C) Home And Community Based Services Waivers And Section 1915(I) State Plan Home And Community Based Services, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is a resource document prepared for a Community of Practice (COP) on using Medicaid funds as a resource to support individual integrated employment. The COP is hosted by the Partnerships in Employment Training and Technical Assistance Center for Partnerships in Employment grantees. The goal of the COP will be to provide opportunities to learn about the ways in which 1915(c) Home and Community Based Waivers and 1915(i) State Plan Home and Community Based Services have been used to support integrated employment in federal statue and in states with PIE grants.

Statedata: The National Report On Employment Services And Outcomes, 2014, John Butterworth, Jean Winsor, Frank A. Smith, Alberto Migliore, Daria Domin, Jaimie Ciulla Timmons, Allison Cohen Hall, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day and Employment …

Leroy Pitzer: Citizen, Voter, Lunatic?, Rabia Belt

Studio for Law and Culture

In a 1905 Ohio case, In re South Charleston Election Contest, Leroy Pitzer was accused of being a “lunatic” or an “idiot” and thus unable to vote in a tight and contest election that ripped the town of South Charleston in half. After intense deliberations – and considering 29 different definitions of lunacy and idiocy – the court decided that something was wrong with Leroy Pitzer, but they could not figure out exactly what. They also could not determine who Pitzer voted for. Unfortunately, without his vote, the election result was a tie and the entire election was rerun.

The …

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.

An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish

Contributions to Books

Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.

The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting …

Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf

Scholarly Works

Important strides are currently being made toward increasing procedural due process protections for noncitizens with serious mental disabilities in removal proceedings, such as providing them with competency hearings and appointed counsel. This Article goes even further, arguing that courts should recognize a substantive due process right to competence in removal proceedings, which would prevent those found mentally incompetent from being deported. Recognizing a right to competence in a quasi-criminal proceeding such as removal would not be unprecedented, as most states already recognize this right in juvenile adjudication proceedings. The Article demonstrates that the same reasons underlying the prohibition against trial …

The Marrakesh Puzzle, Marketa Trimble

Scholarly Works

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, …

Lost In The Shuffle: How Health And Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino

Scholarly Works

Gambling disorder is not a legally sympathetic health condition. Health insurance policies and plans have long excluded treatment for gambling disorder from health insurance coverage. Individuals with gambling disorder who seek disability income insurance benefits from public and private disability income insurers also tend not to be successful in their claims. In addition, federal and state antidiscrimination laws currently exclude individuals with gambling disorder from disability discrimination protections. This Article is the first law review article to challenge the legal treatment of individuals with gambling disorder by showing how health insurance and antidiscrimination laws hurt problem gamblers. Using neuroscience, economics, …

The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law, Margot E. Kaminski, Shlomit Yanisky-Ravid

Publications

This paper addresses the debates leading up to the recently adopted international treaty on copyright exceptions for the visually impaired, the Marrakesh International Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. This treaty was successfully adopted by the World Intellectual Property Organization (WIPO) in June 2013.

Leading up to the negotiation of this instrument, multiple UN member states pushed for the instrument to be negotiated as soft law instead of a treaty. We argue that making this instrument soft law would have precluded its success. WIPO thus correctly chose to …

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).

Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers

University of Michigan Journal of Law Reform

This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of …

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 …