Engaging in physical activity is important for school-age children, as it promotes a healthy and active lifestyle. However, barriers to participation in physical education and athletics often prevent students with disabilities from engaging in these important activities. There are several legal precedents that should be considered as schools seek…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

Bringing service animals into schools raises serious questions about how to meet one student's special needs while ensuring the educational well-being of all. This article discusses how schools grapple with the practical and legal questions involved in allowing service dogs on campus. The author cites a case in 2009 called "Kalbfleisch v. Columbia…

Briefly summarizes the relevant 1997 case law in the area of disability discrimination in higher education. Discusses that relatively few significant lower court decisions were rendered in the area, along with no Supreme Court decisions. (EV)

Reviews developments in 2000 in the law of disability discrimination as it relates to higher education, which falls into five categories: (1) definition of a qualified individual; (2) accommodations, access, undue burden, and fundamental alteration of programs; (3) intentional discrimination, harassment, and retaliation; (4) Eleventh Amendment…

"Anderson v. University of Wisconsin" gives important guidance to universities by detailing the components of race and handicap discrimination claims, and illustrating how these claims can succeed. Readmission procedures that could reduce the likelihood of charges of discrimination are suggested. (Author/MLW)

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…

Key issues surrounding a public broadcasting licensee's obligation to provide access to television programs to the hearing impaired are examined in the context of two recent court decisions. Background of the Rehabilitation Act of 1973 and the Federal Communications Commission's concern regarding the hearing impaired are considered. (MSE)

In British Columbia the state was found liable for discrimination by refusing to fund therapy treatment for autistic children under its medicare system. Although the judges expressly disavowed the education context from their consideration, there will likely be attempts to apply the ruling to special education situations since therapy can be…

This article delineates legal protections prohibiting employment discrimination of individuals with learning disabilities. The Rehabilitation Act of 1973 (Title V) and Americans with Disabilities Act (Title I) are described, fundamental concepts are discussed, and strategies are presented for ensuring that these laws are relied upon appropriately…

Acquired immune deficiency syndrome (AIDS) has become an issue that schools must understand, especially in terms of the legal requirements of educating students who contract this disease. In a review of some recent court cases involving children with AIDS, this paper focuses on how to educate these children. Under the Rehabilitation Act of 1973,…

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…

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)

The 1977 regulations and the case law interpreting Section 504 of the Rehabilitation Act of 1973 are explored as both pertain to postsecondary educational programs with particular application to pharmacy schools. Some court cases involving deaf students are discussed. (Author/MLW)

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)