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,…

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…

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…

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…

Examines proposed legislation that would add handicapped individuals to Title VII of the Civil Rights Act of 1964. Discusses the appropriateness of this proposal, the coverage of the act, the accomodation requirements to be imposed on employers, and the advisability of having the Equal Employment Opportunity Commission administer the legislation.…

Describes the Americans with Disabilities Act (ADA), which was signed into law by President Bush in 1990, and explains possible impacts of the legislation on libraries. The goals of the ADA regarding people with physical or mental disabilities are explained, compliance to prevent discrimination is discussed, and possible litigation is mentioned.…

Synopsizes a case that tested the role of the state in decisions to withhold surgery from handicapped newborns. Suggests that parents should retain primary decision making authority--until legislation is worded clearly enough for effectual court interpretation, and government is willing to provide more funding and support services for the…

The conference report presents the text of an amendment to the Education of the Handicapped Act (EHA) to authorize the awarding of reasonable attorneys' fees as part of the costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a settlement. The General Accounting Office is directed to conduct a study of…

This commentary discusses the passage of the Americans with Disabilities Act (ADA) and the success the Equal Employment Opportunity Commission (EEOC) has had in enforcing the ADA for people with mental retardation. Cases the EEOC has won against discriminatory employers are described, and the need for ongoing efforts is emphasized. (CR)

This article describes federal and state laws that affect the opportunity of people with low vision to drive and to obtain driver's licenses. Discrimination against individuals with low vision is discussed in the context of equal protection and the Americans with Disabilities Act. A review of relevant case law and implications for drivers with low…