Schools without rules? Charter schools, federal disability law, and the paradoxes of deregulation
Article Abstract:
Charter schools will be subject to federal laws on the education of people with disabilities, despite assertions that charter schools are "schools without rules," and these legal mandates may weigh more heavily on charter schools than on traditional public schools. Charter school education must be made available to people with disabilities under the Individuals with Disabilities Education Act to ensure equality of educational opportunity. There may be ways to integrate the missions of charter schools and federal disability laws to ensure that the goals of educational reform are realized.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1997
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Public funding for disability accommodations: a rational solution to rational discrimination and the disabilities of the ADA
Article Abstract:
The goals of the Americans with Disabilities Act (ADA) can better be served by government subsidies of businesses and an elimination of the piece-meal system of enforcement through litigation. The ADA has not been effective enough in integrating disabled persons into workplaces. Employers often have rational reasons for avoiding the Act's mandate and they and those discriminated against face high administrative enforcement costs. A comprehensive system of federal funding will benefit employers and the disabled.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1998
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The Americans with Disabilities Act: a windfall for defendants
Article Abstract:
An empirical study of employment discrimination cases brought about under the Americans with Disabilities Act reveals that the defendants prevailed on appeal in a remarkable 84 percent of recorded cases. The ADA has been a "windfall" for defendants, not plaintiffs. The pro-defendant outcomes are the result of misuse of the summary judgment device by the federal courts and the refusal of the courts to defer to EEOC and other federal agency interpretations of the ADA.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
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