Part I of the paper discusses the Americans with Disabilities Act or ADA, its requirements, and various protections for persons who suffer from a recognized disability which impacts their ability to work under certain circumstances and conditions. The context of this study is American higher education. Part II will discuss the obligation of an…

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

All school districts have children attending who have special dietary needs due to a disability or a food allergy or intolerance. In order for these children to attend school, their dietary needs must be addressed since they are unable to eat meals prepared for the general student population. There is federal legislation which provides guidance…

Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

Several federal laws require schools to provide services and accommodations to students with disabilities and to protect them from discrimination. The application of these laws may change depending on students' circumstances. At the P-12 level, three main federal laws protect the rights of students with disabilities: the Individuals with…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

All school districts have children attending who have special dietary needs due to a disability or a food allergy or intolerance. In order for these children to attend school, their dietary needs must be addressed since they are unable to eat meals prepared for the general student population. There is federal legislation which provides guidance…

The demand of providing adequate services for students with disabilities has evolved over the years requiring districts to provide free and appropriate public education in the least restrictive environment. As districts are held increasingly accountable for meeting these demands, the roles and responsibilities of the school principal has become…

This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that examines the history and current process of federal monitoring and enforcement of IDEA, the role of the U.S. Department of Education's Office for Civil Rights (OCR), the U.S. Department of Justice (DOJ), and IDEA's options for resolving…

Academic advisors occupy an ethically fraught position in institutions of higher education and frequently have to traverse complex curricular issues. Legal theorist Lon L. Fuller's work provides advisors with new resources to ply some of these troubled curricular issues. By focusing on understanding colleges and universities as law-generating…

The presence of and request for assistance, service, and support animals has skyrocketed on college campuses in recent years. The purpose of this literature review is to explore potential benefits in the utilization of assistance animals within higher education, especially as it concerns disability service offices. It begins with an overview of…

Physical education teachers are often focused on the many benefits of physical education to students, but there must also be a consideration of risk. How can the risks in physical education be minimized to maximize the benefits? One way to accomplish this goal is to increase physical educators' understanding of the legal risks related to…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

Electronic media accessibility has come a long way since the Telecommunications Act of 1996. In 2010, the Communication and Video Accessibility Act (CVAA) mandated closed captioning many online videos and called for making video blind accessible through audio descriptions. The Department of Justice (DOJ) ruled Americans With Disabilities Act (ADA)…

The goal of Special Education is to help individuals with disabilities transition to meaningful adult roles. When students with disabilities pursue education majors, Special Education Faculty must balance their desire to support college students with disabilities, while maintaining the rigor of their academic programs. To gain a better…