Age of Majority and Alternatives to Guardianship: A Necessary Amendment to the Individuals With Disabilities Education Improvement Act of 2004

2020 ◽  
pp. 104420732093258
Author(s):  
Sheida K. Raley ◽  
Karrie A. Shogren ◽  
Jonathan G. Martinis ◽  
Michael L. Wehmeyer
Keyword(s):  
Full Range ◽  
Legal Rights ◽  
Special Education Services ◽  
Federal Law ◽  
Individuals With Disabilities ◽  
Educational Rights ◽  
Legal Guardianship ◽  
Educational Professionals ◽  
Education Improvement ◽  
Age Of Majority

Federal law requires that schools provide students receiving special education services and their parents/guardians with notice, 1 year before the student reaches the age of majority, that all of the educational rights previously afforded to the parents/guardians will transfer to the student once they reach the age of majority. During this “transfer-of-rights” period, educational professionals often advise parents/guardians to seek legal guardianship over the student with disabilities without providing information about other options. As a result, many parents/guardians seek guardianship without knowing about or exploring less-restrictive alternatives that could help students retain their legal rights, provide opportunities to enhance self-determination, and build community participation skills that benefit them in school and as adults. This article will (a) provide an overview of the use and impact of guardianship and describe recent advances in developing and implementing less-restrictive alternatives to guardianship and (b) advocate for an amendment to the Individuals with Disabilities Education Improvement Act of 2004 that will require schools to provide students and their families with information about the full range of decision-making options during the “transfer-of-rights” period.

The Fight Within: Parent-Educators Advocating for their Children with Autism Inside their Own School Districts

2019 ◽  
Vol 43 (2) ◽  
pp. 162-177
Author(s):  
Keri C. Fogle ◽  
David Hoppey ◽  
David H. Allsopp
Keyword(s):  
Special Education ◽  
Children With Autism ◽  
Special Education Services ◽  
School Partnerships ◽  
Study Approach ◽  
Educational Rights ◽  
Disabilities Education Act ◽  
Education Act ◽  
Parent Educators

Parents have advocated for the educational rights of their children with disabilities for decades, and more so since the reauthorization of the Individuals With Disabilities Education Act (IDEA). Advocating for one’s child while working as an employee in the same school district where your child receives special education services comes with unforeseen complexities. Using a heuristic case study approach, this inquiry intended to discern the experiences, barriers, and perceptions of job security of two parent-educators with children with autism. Findings suggest unanticipated experiences and challenges within their dual, parent-educator role as indicated by the theory of responsible advocacy. Perceived employment consequences related to advocating from within the school system are also discussed along with implications for such parent-educators and their role in improving parent–school partnerships in special education.

The Legal Rights and Educational Problems of Homeless Children and Youth

1995 ◽  
Vol 17 (1) ◽  
pp. 39-61 ◽  
Author(s):  
Yvonne Rafferty
Keyword(s):  
Parental Involvement ◽  
School Attendance ◽  
School Personnel ◽  
Children And Youth ◽  
Legal Rights ◽  
Homeless Children ◽  
Policy Changes ◽  
Academic Underachievement ◽  
Educational Rights ◽  
Barriers To Parental Involvement

This article summarizes the educational rights of homeless children and youth afforded by the Stewart B. McKinney Homeless Assistance Act. It also describes the educational problems they confront, including academic underachievement and poor school attendance. Factors that exacerbate these outcomes of homelessness are delineated: barriers to accessing schooling and appropriate services; multiple movements between schools; insensitivity of school personnel; barriers to parental involvement; and difficulties in obtaining school clothes and supplies. The extent to which existing laws adequately address identified needs, problems, and barriers is discussed. Gaps in policies and practices are identified and recommendations for social policy changes presented.

Are Educational Administrators Prepared to Meet the Needs of Employees with Disabilities?

2002 ◽  
Vol 21 (3) ◽  
pp. 21-28 ◽  
Author(s):  
Kimberly G. Griffith ◽  
Mark J. Cooper
Keyword(s):  
Students With Disabilities ◽  
Educational Administration ◽  
Americans With Disabilities Act ◽  
Role Model ◽  
Personal Characteristics ◽  
Legal Rights ◽  
Individuals With Disabilities ◽  
Persons With Disabilities ◽  
Educational Administrators ◽  
Employees With Disabilities

Although educational administrators have been aware of the needs of students with disabilities since the 1970s, many are still not familiar with the legal rights of school employees with disabilities. Attitudes toward individuals with disabilities as well as knowledge of the Americans with Disabilities Act (ADA) may be factors that influence the recruitment of qualified persons with disabilities into the education profession. The purpose in conducting this study was to determine the extent of the relationship of administrators' attitudes toward disabilities and their knowledge of the Americans with Disabilities Act. Respondents in the study were currently employed as educational administrators and/or educators completing educational administration certification requirements. Results from the study indicated there was a significant relationship between attitudes toward persons with disabilities, experience with individuals with disabilities, personal characteristics and employment characteristics. Both attitudes and knowledge of the ADA were found to be lower for respondents in educational administration positions. Educators who have disabilities are valuable to our schools. Their presence can influence the perceptions and attitudes of coworkers and students as well as provide a role model for students to live their lives fully integrated into our society. A creative look at inclusion of educators with disabilities in our rural schools may be the answer to our search for competent and caring special education teachers.

Legislative approaches to nondiscrimination at work: a comparative analysis across 13 groups in 193 countries

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jody Heymann ◽  
Bijetri Bose ◽  
Willetta Waisath ◽  
Amy Raub ◽  
Michael McCormack
Keyword(s):  
Equal Opportunity ◽  
Full Range ◽  
Ethnic Discrimination ◽  
Legal Rights ◽  
Foreign National ◽  
Chi Square ◽  
Content Type ◽  
Wide Range ◽  
The World ◽  
And Gender

PurposeThere is substantial evidence of discrimination at work across countries and powerful evidence that antidiscrimination laws can make a difference. This study examines the extent of protections from discrimination at work in countries around the world and which groups were best covered.Design/methodology/approachThis study assesses legal protections in hiring, pay, promotions/demotions, terminations and harassment for 13 different groups across 193 countries using a database the authors created based on analysis of labor codes, antidiscrimination legislation, equal opportunity legislation and penal codes. Differences in levels of protection were examined across social groups and areas of work, as well as by country income level using Chi-square tests.FindingsProtection from gender and racial/ethnic discrimination at work was the most common, and protection across migrant status, foreign national origin, sexual orientation and gender identity was among the least. For all groups, discrimination was more often prohibited in hiring than in promotion/demotion. There was inconsistent protection from harassment and retaliation.Research limitations/implicationsAddressing discrimination at work will require a broad range of synergistic approaches including guaranteeing equal legal rights, implementation and enforcement of laws and norm change. This study highlights where legislative progress has been made and where major gaps remain.Originality/valueThis article presents findings from an original database containing the first data on laws to prevent discrimination in the workplace in all 193 countries around the world. The study analyzes legal protections for a wide range of groups and considers a full range of workplace protections.

Special features of conducting operative-searching measures for search of missed without trace individuals

2020 ◽  
Vol 2020 (2) ◽  
pp. 158-164
Author(s):  
Aleksandr Karyakin
Keyword(s):  
Historical Development ◽  
Service Providers ◽  
Full Range ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Federal Law ◽  
Order Problem ◽  
Existing Problems ◽  
Communication Methods ◽  
Modern Condition

Presented article deals with emerging and historical development of legal regulation of searching for missed without trace individuals. Modern condition of searching for missed without trace individuals and suggestions for improving said work. Article deals with aspects of conducting operative-searching measures during accomplishing tasks of searching for missed without trace individuals. Questions are raised more often in enforcement practices about possibility of conducting operative-searching measures that restrict citizen rights during searching for missed without trace individuals. Taking into account advancements and availability of modern communication methods, initial operative-searching measures of searching for missed without trace individuals are nearly impossible without acquiring data from service providers, which in turn require judicial order. Problem of conducting series of operative-searching measures that restrict citizen’s constitutional rights within the missing person case before instituting a criminal proceeding remains unsolved. Existing problems are presented and examined by author, according to his practical activities in the department of internal affairs, including in mentioned line of work. During searches for missed without trace individuals, it would be appropriate to legally allow organization and conduction of full range of operative-searching measures listed in Federal Law №. 144-FZ dated 12 august 1995 «On operative-searching activities», including those that restrict constitutional rights and freedoms of citizens.

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