Background: The aim of this review was to explore the legal, ethical, and rights issues surrounding use of the Australian My Health Record (MyHR) by people with communication disability. Method: We undertook a narrative review of the legislation and research affecting the implementation of MyHR in populations with communication disability.…

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 legal treatment of disability affairs carries in itself an inherent contradiction due to the nature of modern society and free-market economy. On the one hand both the historically developed notions of essentialism and on the other the particular-functional definition of manhood drawing its roots from the established democratic order and…

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…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

The purpose of this study was to determine the perceptions of public school principals within the Commonwealth of Virginia as to their desirability for professional development in leading special education programs within their schools. Given a list of 18 competencies related to leading special education principals rated their desirability for…

The article examines the usefulness of videotaping therapeutic sessions in rehabilitation settings and provides suggestions for rehabilitation professionals contemplating videotaping in light of the patient's legal and ethical right to privacy. (Author/DB)

Interviews in eight school districts in six states were conducted to examine the consequences of using civil justice procedures to allocate instructional services (as in P.L. 94-142, the Education for All Handicapped Children Act). The study sought to determine consequences of P.L. 94-142 in three areas: (1) the effects on the legal system; (2)…

Litigation and the issues surrounding the use of behavioral procedures to handicapped persons are reviewed. Attention is directed to the use of aversive techniques, e.g., corporal punishment, electric shock, timeout, and restraint. (SEW)

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…

Summarizes federal regulations concerning academic advising, including defamation, negligence, privacy, disabilities, civil rights, duty to report crimes, and privilege. Relevant state laws, interpretations, hypothetical situations, and the possible institutional and personal penalties, both civil and criminal, of not following current laws are…

The movement of the disabled and disadvantaged from charity to rights is described, and laws defining and applying to these individuals are reviewed. Specific attention is given to the socially and economically disadvantaged, including minority ethnic groups, the offender, and the poor, and to the mentally and physically disabled, including the…

The text presents six chapters on the legal and governmental bases of special education. In the Introduction, F. Weintraub and J. Ballard cite the legislative and litigative history of P.L. 94-142, the Education for All Handicapped Children Act, and briefly address information sources on such policy issues as procedural safeguards, underserved…

This monograph provides a comprehensive, concise, and current overview of the law-- specifically, legislation, regulations, and published court/administrative decisions--relating to gifted education for K-12 students. For students whose legal rights are based solely on their gifted status, the law largely boils down to (a) varying state statutes…

Reviews 1995 court litigation concerning disability discrimination in colleges and universities. Cases involved student issues ("otherwise qualified" for admission or readmission, reasonable accommodations), mental health histories, employment issues, and medical education. Highlights troublesome issues currently faced by colleges and…