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Zirkel, Perry A. – Communique, 2016
For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…
Descriptors: School Psychology, Court Litigation, Eligibility, Disabilities
Council for Exceptional Children, 2022
The Council for Exceptional Children (CEC) vigorously supports educational reforms within the public schools while promoting rigorous learning standards, strong educational outcomes, shared-decision making, diverse educational offerings, and the removal of unnecessary administrative requirements. At the same time, it is imperative that educators…
Descriptors: Students with Disabilities, Educational Legislation, Equal Education, Federal Legislation
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Zirkel, Perry A. – Learning Disability Quarterly, 2012
In this issue of "Learning Disability Quarterly" (LDQ), Professors Daves and Walker reply to my earlier LDQ article on confusion in the cases and commentary about the legal dimension of RTI. In this brief rejoinder, I show that their reply confirms rather than resolves the confusion in their original commentary in 2010. This persistent…
Descriptors: Learning Disabilities, Court Litigation, Response to Intervention, Federal Legislation
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Beezer, Bruce – West's Education Law Reporter, 1991
Focuses on the operational meanings of the following terms--"handicapped individual,""otherwise qualified,""reasonable accommodation," and "essential functions of the job"--as developed primarily in federal court decisions concerned with employment issues associated with handicapped persons in public…
Descriptors: Court Litigation, Definitions, Disabilities, Disability Discrimination
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Shaw, Stan F.; Madaus, Joseph W.; Banerjee, Manju – Intervention in School and Clinic, 2009
Postsecondary education is a realistic and necessary option for successful adult outcomes. An understanding of the realities in postsecondary education is necessary if students with disabilities and their families are to be prepared to make wise choices for successful transition. School personnel should use the high school years to implement…
Descriptors: Postsecondary Education, Independent Study, Disabilities, School Personnel
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McNary-Keith, Sandra E. – Journal of Law and Education, 1995
Case law has generally established that school districts cannot summarily exclude children with human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) from the classroom. Issues abound as to the proper manner to make the classroom attendance of the HIV-infected child easier for everyone. Still debated is the scope of AIDS…
Descriptors: Acquired Immune Deficiency Syndrome, Compliance (Legal), Court Litigation, Elementary Secondary Education
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Cole, Bettie S.; And Others – Journal of Social Work Education, 1995
Major issues in social work education related to Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 are examined, including relevant case law for admissions, reasonable classroom accommodations, and field placements. Social work educators are reminded that professional ethics and standards mandate equal…
Descriptors: Academic Accommodations (Disabilities), Access to Education, Accessibility (for Disabled), College Admission
Fishbein, Estelle A.; Blumer, Dennis H. – 1981
In response to a request by the Presidential Task Force on Regulatory Relief, this report offers specific recommendations for reform of federal regulations. A cover letter explains the constraints imposed by the recommended format: that the report is unable to address adequately the area of federal regulatory activity generating the most adverse…
Descriptors: Accessibility (for Disabled), Affirmative Action, Attendance, Change Strategies
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Scott, Sally S. – Journal of Learning Disabilities, 1990
This article discusses terminology in Section 504 of the Rehabilitation Act of 1973 referring to "otherwise qualified" individuals with disabilities, with particular reference to students with learning disabilities. Current practices and issues in implementing the law with learning-disabled students are evaluated in light of legal…
Descriptors: Civil Rights Legislation, College Students, Compliance (Legal), Court Litigation
Guildroy, Jack – College Board Review, 1981
The problems and special opportunities that face the college candidate with learning disabilities are discussed. It is suggested that Section 504 of the 1973 Rehabilitation Act has not succeeded in forcing the vast majority of colleges and universities to establish special programs for students with learning disabilities. (MLW)
Descriptors: Civil Rights Legislation, College Applicants, Counseling, Disability Discrimination
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Sedita, Joan – 1980
Section 504 of the Rehabilitation Act Amendments of 1973 and its implications for learning disabled adults desiring a postsecondary education are examined, and suggestions for services that might best meet the needs of this group are offered. Section 504 is a basic civil rights provision aimed at ending discrimination against handicapped citizens.…
Descriptors: Access to Education, Accessibility (for Disabled), Adult Students, Ancillary School Services
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Scott, Sally S. – Journal of Learning Disabilities, 1991
This paper examines learning-disabled students' change in legal status as they leave high school, which is structured by Public Law 94-142, and enter college settings structured by Section 504 of the Rehabilitation Act of 1973. The paper discusses implications of the change, transition programs, and guidelines for developing legal transition…
Descriptors: Educational Legislation, Federal Legislation, High Schools, Higher Education