Despite the long-term negative outcomes associated with restraining and secluding students, these practices are frequently used in schools, with disproportionate use on students with disabilities. Based on recent guidance from the U.S. Justice Department's Civil Rights Division, misusing these practices violates student rights under the Americans…

In November of 2019, the National Association of the Deaf and Harvard University entered into a landmark settlement ending four years of legal battles regarding captioning in online content. In that settlement, Harvard agreed to caption new video files consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 AA and to provide text-only…

This article argues that business and professional communication practitioners, instructors, and students, besides becoming better informed about the legal context of website accessibility, should also become more aware of the ethical considerations of creating digital communication products that are inherently accessible for people with…

Title II of the Americans With Disabilities Act of 1990 requires that state and local agencies refrain from the discrimination of individuals with disabilities by providing them with services in the most integrated setting appropriate. Despite this mandate, state and local education agencies across the country engage in practices that could be…

Purpose: The purpose of this paper is to explore the issue of access to digital technology by using the lens of accessibility as set forth by the Rehabilitation Act of 1973 and the American Disabilities Act (ADA) of 1990. More specifically, this paper focuses on gamification, considers the needs of all learners, including those who identify as…

The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

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…

Data from previous studies are presented that demonstrate that community living for persons with intellectual and developmental disabilities (IDD) has improved in recent years, but that living in one's own home by these individuals is still a very rare outcome. Literature is presented that explains how living arrangements for adults with IDD have…

As the number of students with disabilities within residence halls increases, their interactions with other residents can become problematic; in many instances, students without disabilities may not understand the behavior of their peers with disabilities and vice versa. Misunderstandings are compounded by the fact that 84% of students with…

There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…

This article explores the legal implications for U.S. higher education administrators who make admissions decisions regarding students with disabilities. A review of federal legislation, case law, and government agency rulings pertaining to higher education admissions and students with disabilities informs administrators of current law.…

A recently filed lawsuit in Compton, California ("Peter P. et al. v. Compton Unified School District," 2015) has been making national news. The lawsuit highlights the prevalence of trauma exposure, particularly among underserved youth, as well as the need for school-wide, trauma-informed practices to enhance resiliency among students and…

This article examines the legal and policy complexities involved with students who are self-selecting into haven charter schools. Haven charter schools are those that intend to create a safe place for students with complex histories who may have been intimidated by a dominant group in their former schools. For the purpose of this study, haven…

Stalking behavior in the workplace by individuals with Autism Spectrum Disorder (ASD) can be problematic and complicated for employers to address. Often employers have limited knowledge of the disorder and the unique social characteristics associated with ASD that place these individuals at risk for stalking. It is important that employers,…

Barbabra Luborsky links the medical field and Montessori pedagogy to address atypical attention in children through the lens of the occupational therapist. She provides an overview of attention and sensory processing disorders and then informs about particular diagnoses, particularly ADHD and its comorbidity with other diagnoses. Her specific…