Australia has legislation in the form of the "Disability Discrimination Act 1992" (Cth) and the "Disability Standards for Education 2005" (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of…

Reviews court cases in 1999 related to disability discrimination in higher education focusing on the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973. The "Garrett" case regarding Eleventh Amendment immunity is the case most likely to be significant in the development of the law of disability…

The four Supreme Court decisions interpreting the Education for All Handicapped Children Act which have been handed down to date are reviewed: Board of Education v. Rowley (1982), Irving v. Tatro (1984), Smith v. Robinson (1984), and Burlington v. Department of Education (1985). Implications and pending legislation are discussed. (JW)

The author examines the Supreme Court decisions regarding the rights of retarded children not to be institutionalized and rights of retarded people to have aggressive medical treatment that will help prolong their lives. (SB)

Considers effects of section 504 (Title V) upon disabled applicants to, and students at, U.S. colleges and universities. Analyzes the Supreme Court's decision in "Southeastern Community College v. Davis," focusing on postsecondary education provisions of DHEW enforcement regulations. Discusses policy ramifications regarding the…

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…

Noting the Governor of Virginia's recent apology for his state's participation in eugenics, this article reviews the history of the sterilization of people with epilepsy and mental retardation in several states, and the importance of the Buck v. Bell (1927) Supreme Court decision in the promotion of eugenics. (Contains references.) (CR)

This paper summarizes requirements of the Americans with Disabilities Act (ADA) and related regulations and judicial decisions as the law pertains to employment at public and private schools. It stresses that the ADA forbids employment discrimination on the basis of disability, and requires employers to make "reasonable accommodation"…

The article discusses the Supreme Court's ruling in Doe v. Honig that emotionally handicapped students could not be expelled pending the outcome of a parental appeal. Among implications noted are the need for greater prevention efforts in the area of providing appropriate programs and services for handicapped students. (JW)

Reviews 100 lower court decisions since the 1982 U.S. Supreme Court ruling that mandated access to education for handicapped students. Concludes that the courts have remained willing to support parents in obtaining services for their handicapped children. (FMW)

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…

Surveys legal developments in the area of discrimination against students in higher education. Under the heading of the class (such as race, sex, or handicap) affected, constitutional, statutory, and administrative bases are described along with applicable judicial decisions. (Author/IRT)

Six articles review and analyze 1996 court litigation concerning higher education. Topics include: federal immunity law; tort-accident cases (traditional tort rules in the college or university setting); disciplinary and academic decisions pertaining to students; employment discrimination; and disability discrimination. (MSE)

Analysis of 160 articles in the "Chronicle of Higher Education" concerning controversy, complaints, lawsuits, and rulings in higher education found almost half involved some form of discrimination or harassment as a central theme. The issues (sex/ gender, race/ethnicity, disability, age, religion, and newer themes) are discussed, as well…

The monograph addresses legal issues involving discrimination against handicapped persons and the key legal requirement of reasonable accommodation. Four chapters in Part I examine background issues, including definitions and statistical overviews of handicaps; historical attitudes toward handicapped persons and an analysis of the extent of…