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…

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…

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.…

Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act…

While conversations around the inclusion of individuals with disabilities often focus on the educational rights and needs of children with disabilities during their school years, there is a growing recognition that the period of transition from secondary school to adult roles is a critical time in the lives of individuals with disabilities. For…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Those who teach employment discrimination law, particularly as a separate course or part of a course on employment law, are used to covering a broad range of legal models and issues pertaining to the protected classes under Title VII of the Civil Rights Act. The disparate treatment, disparate impact, and hostile environment models of…

Children identified for special education services were once denied access to regular education classrooms and their peers regardless of the nature of their disabilities. In recent decades, efforts have been made to integrate more exceptional children into mainstream environments. The term inclusion has manifested itself into modern education…

Several recent court decisions provide ammunition for fighting over-identification of students who have impairments (like Attention Deficit Disorder) but who fail to meet the remaining eligibility requirements under Section 504 of the 1973 Rehabilitation Act. Distinguishing between Section 504 and IDEA requirements is crucial. (MLH)

The history, provisions, and impact on universities of the Americans with Disabilities Act of 1990 (ADA) are examined. It is concluded that the ADA will not break new ground for higher education and that Section 504 of the Rehabilitation Act of 1973 will remain the main avenue by which disabled obtain access to universities. (MSE)

Learning-disabled college graduates' entry into professional schools has raised numerous legal issues concerning their matriculation qualifications, need for accommodations, and eventual ability to practice successfully. Discusses each issue in a legal education context, following an explanation of learning disabilities and the federal statutes…

Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…

Educational leaders must be prepared to avoid discrimination against the increasing number of employed individuals infected with HIV/AIDS. This article provides a relevant literature review on protection for disabled employees. Statutory and case law is explored, including the Americans with Disabilities Act 1990. A case study in higher education…