Disability Law Commons^™

Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Toward A Unified And Reciprocal Disability System, Paul Armstrong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston

Office of Community Partnerships Posters

A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.

Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) is wading in waters knee deep and fast rising when it comes to what is described in repeated news stories as a rising tide of backlogged Social Security disability appeals. A change in the essential jurisprudence underlying hearings afforded to those appealing an administrative denial of Social Security disability benefits is necessary to remedy the single most pressing issue in the hearings and appeals process - the hue and cry over the pending backlog of such cases.

Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud

Journal of the National Association of Administrative Law Judiciary

Title II and Title XVI of the Social Security Act provide critical support to individuals with disabilities. However, until recently, the way that the Social Security Administration processed medical information to make disability determinations had not changed in any fundamental way since the inception of the Act. The disability determination process is logical for many frequently handled, well-known conditions, yet there are a significant number of cases regarding special conditions that are not as well-known or as frequently considered by the Office of Disability Adjudication and Review, which administers hearings and appeals for the Social Security Administration. The Social Security …

Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA), enacted through Congress's Spending Clause Power, is the principal federal statute aimed at insuring that children with disabilities receive a Free Appropriate Public Education (FAPE) in the nation's public schools. The Act has spawned a substantial and growing body of litigation between parents and local and state educational agencies in federal and state courts during the last decade. During this period nearly 20%-21% of these cases have addressed the issue of exhaustion of IDEA's administrative remedies, and the related concern about federal courts' jurisdiction, when the law's exhaustion requirements have not been satisfied. …

School Bullying Victimization As An Educational Disability, Douglas E. Abrams

Faculty Publications

Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …

Case Studies Of Emerging/Innovative Vocational Rehabilitation Agency Practices In Improving Employment Outcomes For Individuals With Intellectual/Developmental Disabilities, Robert Burns, Kelly Haines, Elizabeth Porter, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The Vocational Rehabilitation Research and Training Center (VR-RRTC.org) based at the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston partnered with national content experts to identify promising VR employment practices serving people with intellectual and/or developmental disabilities (IDD). The National Institute on Disability and Rehabilitation Research (NIDRR), the funding agency,requested an emphasis on identifying promising practices for people with mental illnesses and peoplewith intellectual disabilities/developmental disabilities, and to identify promising practices related to order of selection and the designation of most significant disability. This report provides a summary of four promising VR employment practices for persons with …

Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The final set of eight promising practices out of the 58 nominated practices are summarized here and then described inmore detail in the appendix. Each descriptive write up can be used independently and provides sufficient detail for review. A note from the VR RRTC Team: These are descriptions of practices in one snapshot of time. We acknowledge that by thetime we are able to produce asummary report, practices may have evolved or modified, and new practices may have emerged. For more specific details or up to date descriptions we advise going to the source, the state VR agencies, directly. We …

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald

Law Student Publications

In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …

Assistive Technology And Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

As part of providing a free appropriate public education (FAPE) to students with disabilities, the Individuals with Disabilities Education Act (IDEA) requires school boards to offer assistive technology when necessary to ensure that students receive the educational benefits to which they are entitled.

As important as related services such as assistive technology (AT) are, the Supreme Court noted that school boards must provide such help only to the extent that it is necessary for students with disabilities to benefit from the programming identified in their individualized education plans (Irving Independent School District v. Tatro 1984). Although the related services mandate …

Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon

West Virginia Law Review

No abstract provided.

Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq

Journal of the National Association of Administrative Law Judiciary

Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).

Judicial Clarity: Giving Teeth To The Application Of Federal Disability Laws In Charter Schools, Sarah Wieselthier Esq.

Brigham Young University Education and Law Journal

No abstract provided.

Patients To Peers: Barriers And Opportunities For Doctors With Disabilities, Alicia Ouellette

Nevada Law Journal

No abstract provided.