This paper provides an outline of, and rationale for, an international research project that will identify commonalities and disparities in illegal school exclusionary practices in Australia and England. The aims here are to situate such practices within a global context and to map the events and processes through which children and young people,…

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

The "Disability Standards for Education 2005" (the Standards) are subordinate legislation to the "Disability Discrimination Act 1992" (the DDA). They do not create new obligations, but seek to clarify education providers' responsibilities under the DDA and ensure that students with disability can access and participate in…

This study explores how institutional practices within a school district limit general education teachers' ability to comply with special education policies. While numerous special education issues exist within the school district studied here, my research examined institutional practices that negatively impacted inclusion of exceptional students…

The purpose of this research was to examine the patterns and themes of litigation in Americans with Disabilities Act (ADA) disability discrimination cases charged under the theory of disparate impact. Specifically, this study used Computer Assisted Legal Research (CALR) to identify and review all U.S. Appellate Court ADA disparate impact cases as…

Legal issues have increasingly come to the forefront in academic libraries in recent years. Most of these issues involve The Rehabilitation Act, Section 504 (1973) or Americans with Disabilities Act (1990), complaints related to discriminatory practices with regard to accommodations or assistive technologies. This article provides a brief synopsis…

In 2005 New Zealand signalled its intention to reform legal services by contracting research on disabled people's priorities in Auckland. The Legal Services Agency reported that because many disabled people do not have access to necessary legal services in New Zealand their priorities should be identified. This article suggests that the social…

Assessment equity concerns all educational authorities and practitioners. When educators consider issues of equity, their predominant concern is accommodation of students with special needs, cultural issues, and creating alternative assessment activities that have equivalence to standard activities, so as not to advantage or disadvantage any…

Rights for people with mental handicaps include claim rights and moral rights, which are associated with routine discrimination and fundamental discrimination, respectively. In Britain, people with mental handicaps are routinely denied both types of rights. Greater protection would be offered through a "Code of Practice" and consistent…

Reviews court cases related to discrimination against higher education students in 1999, focusing on gender, race, and disability discrimination. The wide variety of cases does illustrate the importance of standing, relief available, and the threshold the plaintiff must meet to survive the defendant's motion to dismiss or motion for summary…

This document consists of the first six issues of a newsletter, which discusses current knowledge about and concerns related to genetics and mental retardation. The second issue addresses the problem of genetic discrimination. The third issue considers genetic testing, screening, and counseling. The fourth issue addresses genetic privacy issues.…

This article discusses court cases and other sources on each of four major topics regarding federal disability discrimination laws and claims made by post-secondary students with learning disabilities: (a) Which students are entitled to the protection of the statutes, (b) What if any deference should be afforded academic institutions in their…

The Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) are two major pieces of social legislation that impact private and public employers, including school districts. Public school employers must have thorough awareness of the legal requirements of both laws and must analyze the ways in which those requirements…

The number of students with disabilities entering higher education continues to increase, and there is a concomitant rise in the number of disability accommodation grievances filed in institutions, with the U.S. Office of Civil Rights, and through the legal court system. It is important that faculty members know about disability law. Faculty…

Discusses several of the principal issues involved in litigation over disability discrimination in colleges and universities, focusing on enforcement in both administrative and judicial arenas. Concludes that discrimination legislation is complex and may unnecessarily exclude qualified disabled individuals from employment, education, and other…