The "Disability Discrimination Act 1992" (Cth) (DDA) prohibits discrimination by schools against students with disability. The DDA and the associated Disability Standards for Education 2005 (Cth) (DSE) also impose a positive obligation on schools to make reasonable adjustment for students with disabilities. The promise of inclusion…

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…

Non-consensual sterilization is one of the characteristic historical abuses that took place mainly in the first half of the 20th century. People with intellectual disability (ID) were a prime target as part of the ideology of negative eugenics. In certain jurisdictions, laws were in force for several decades that permitted sterilization without…

As of the 2013-2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools,…

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…

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…

Through the juxtaposition of 2 recent Supreme Court actions--"Allston v. Lower Merion County School District" (2015) and "Endrew F. v. Douglas County School District" (2017)--this article argues that special education is a neoliberal property that works to recruit disability through scientific-juridical qualifications of…

Background: In exploring the matter of sensory loss and job discrimination, the National EEOC ADA Research Project (NEARP) seeks to answer a singular question. Objective: How do persons with hearing loss (HL) vs. visual loss (VL) experience the nature and scope of workplace discrimination differently, if at all? Methods: The NEARP team uses an ex…

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…

For decades, universities have been accommodating physically disabled students who require guide dogs and other types of service animals. Within the past several years, however, mentally disabled students have increasingly petitioned colleges with no-pet policies to permit them to bring their animals on campus because they need a companion or…

Several recent documents and presentations, most but not all from the British Columbia (BC) Ministry of Education, suggest that considerable changes are being floated as options for redesigning inclusive educational approaches in the BC K-12 public education system. The documents include: (1) "The BC Education Plan"; (2) "Global…

The purpose of this research was to examine the patterns and themes of litigation in Americans with Disabilities Act (ADA) disability discrimination cases charged under the theory of disparate impact. Specifically, this study used Computer Assisted Legal Research (CALR) to identify and review all U.S. Appellate Court ADA disparate impact cases as…

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…

Legal issues have increasingly come to the forefront in academic libraries in recent years. Most of these issues involve The Rehabilitation Act, Section 504 (1973) or Americans with Disabilities Act (1990), complaints related to discriminatory practices with regard to accommodations or assistive technologies. This article provides a brief synopsis…