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…

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…

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…

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…

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,…

In a recent issue of "Academe," Stephanie Goodwin and Susanne Morgan point out that faculty members with chronic illness are likely to find current accommodation procedures unhelpful, both because they might choose to remain silent rather than risk the stigma of disclosing a disability and because accommodations often do not meet their…

For legal issues in the field of disability compliance, this is an exciting time in postsecondary education. The twentieth anniversary of the Americans with Disabilities Act (ADA) signals a reawakening of the commitment to provide equal access to individuals with disabilities. This chapter explores three of the compliance issues that will be of…

Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…

In recent years the rights and responsibilities of students who have disabilities have received considerable attention. Professors routinely accommodate students with a front-row seat in class or extended time on an examination. Faculty members who have disabilities have received far less attention. This report from a subcommittee of Committee A…

"If you don't know where you're going, any road will take you there." This oft-cited but not-quite-accurate quote is from the Lewis Carroll's classic children's tale, Alice in Wonderland. In Carroll's altered reality, the conversation between the disoriented Alice and the mysterious Cheshire Cat actually went like this: "Would you…

It is the position of the National Association of School Nurses that the registered professional school nurse (hereinafter referred to as school nurse) is the only school staff member who has the skills, knowledge base, and statutory authority to fully meet the healthcare needs of students with diabetes in the school setting. Diabetes management…