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…

College students who say they have learning disabilities sometimes encounter skepticism. Although requests for extra testing time, adjusted academic requirements, or exemptions are often granted, there is debate in the academic community over the need. The numbers of students claiming such disabilities have increased substantially in recent years.…

A review of the history of Section 504 of the Rehabilitation Act of 1973 clearly shows that the legal standard for providing a free appropriate public education to handicapped students is set forth in the Education of the Handicapped Act and not Section 504. (39 references) (MLF)

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…

This report from the United States Commission on Civil Rights focuses specifically on the efforts of the U.S. Department of Justice (DOJ) to enforce Title II, Subtitle A of the Americans with Disabilities Act, which prohibits discrimination based on disability by public entities such as state and local governments. The report evaluates DOJ's…

This narrative describes the case of Richard Lapointe, a man with Dandy-Walker syndrome (a congenital brain malformation resulting in a build-up of cerebrospinal fluid in the skull), who was accused of homicide. The questionable practices of the police in acquiring a confession are recounted. The narrative discusses the court appeals process and…

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)

Highlights new legal theories and precedents applicable to employment practices used in the library setting. Illustrative case law and law review commentaries are provided for civil rights, discrimination on the basis of a handicap, wrongful discharge, privacy, age discrimination, equal pay, immigration control, retirement benefits, and…

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…

Federal law (Americans with Disabilities Act of 1990, P.L. 101-336) and state law concerning the capacity to consent demonstrate the many standards used to determine the severity of retardation and whether a mentally challenged person has the capacity to consent. This area of social policy is fascinating because it adds another layer of debate to…

Over the past decade, a growing number of complaints have been made against Australian education authorities over the language of instruction used to teach deaf children. The complaints, made under the "Disability Discrimination Act", were lodged with the Human Rights and Equal Opportunity Commission for investigation and possible…

Deals with the law related to the equal treatment of the races and sexes, to the demand for equal access to educational resources, to the area of equal educational opportunity for the handicapped, and to the recent court decisions affecting student suspensions and expulsions. (Author)

The right of educators to classify students is not being challenged in the courts, but the procedures used and the basis for classifications are being questioned and in some cases subjected to strict judicial scrutiny under the equal protection clause. (MB)