The Legal Rights Of Students With Disabilities

Since 1948 when the United Nations adopted the Universal Declaration of Human Rights, all students have been declared the right to education. The rights of disabled students have not been explicitly addressed, however, and each country has developed their own rules and regulations. Although similarities exist among the different countries, differences are evident, especially in both the extent and acknowledgment of these rights. The Legal Rights of Students with Disabilities: International Perspectives examines the rights of disabled students in ten diverse countries on six continents. Written by leading experts in education law, this volume provides comparative insights to help meet the educational needs of disabled students. The book also offers strategies to manage the legal and educational complexities associated with special education.

This volume studies the implications of the right to inclusive education in human rights law for disability law, policy and practice.

It is vital for all professionals in the field of education to have a practical understanding of the laws that are in place to protect the children with whom they work. The Comprehensive Guide to Special Education Law is a detailed yet accessible introduction to federal law as it applies to the rights of children with special needs. Written in a user-friendly question and answer format, the book covers all of the key areas of special education law including parental rights of participation, the legal right to Free Appropriate Public Education (FAPE) and related services, and the complex issues of discipline and dispute resolutions. This book provides educators with knowledge of the requirements, history, and evolution of the laws that impact their daily working lives and gives them the information they need to help parents obtain better services for their children. This is an indispensible handbook that teachers, school management, and school counselors will refer to again and again.

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.

The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.

For every course in Special Education Law and Education Law, or as a perfect supplement to any Educational Administration course, Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language- without excessive legalese or extraneous case law. Different in many ways from other special education law texts on the market, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Some unique features include: a fascinating opening interview and then epilogue with Joe Ballard, a pioneer of the IDEA movement; a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts; and a discussion of the history of special education and its link to the Civil Rights Movement. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, and a discussion of major trends changing the laws, including that of autism.

This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.