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The role of the courts in the development and implementation of the IDEA
- Author:
- PALLEY Elizabeth
- Journal article citation:
- Social Service Review, 77(4), December 2003, pp.605-618.
- Publisher:
- University of Chicago Press
This article demonstrates the role that courts have played in the development and implementation of the Individuals with Disabilities Education Act. As a result of limited federal oversight and ambiguities in the law, courts have been influential players in the creation and re-creation of this law. The role of the courts can be seen in the interpretation of such concepts as a free, appropriate public education, medical services, and the least restrictive environment.
An overview and comments on recent Americanswith Disabilities Act court rulings
- Author:
- PARDECK John T.
- Journal article citation:
- Journal of Social Work in Disability and Rehabilitation, 1(1), 2002, pp.5-14.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
The Americans with Disabilities Act (ADA) is designed to protect persons with disabilities from discrimination in nearly every aspect of American life. This commentary focuses on a number of recent United States Supreme Court decisionsthat help to clarify the intent of the ADA.
Eager for change
- Author:
- PHILPOT Terry
- Journal article citation:
- Community Care, 4.9.97, 1997, p.26.
- Publisher:
- Reed Business Information
Reports on legal measures being proposed in Canada to ensure that its four million disabled people are treated as fellow citizens in the criminal justice system.
Disability, social exclusion and the consequential experience of justiciable problems
- Authors:
- O'GRADY A., et al
- Journal article citation:
- Disability and Society, 19(3), May 2004, pp.259-271.
- Publisher:
- Taylor and Francis
In this article, the authors examine the situation of disabled people in England and Wales with regard to one specific aspect of social exclusion--experience of justiciable problems, and the potential effects such problems can have on their lives. Having defined 'disability', they examine how this fits within the wider dialogue on social exclusion issues. By analysing the results of the Legal Services Research Centre's (LSRC) periodic survey of justiciable problems, they find that disabled respondents were not only more likely to experience a problem, but also experienced more problems. Increased likelihood of a problem was observed in the majority of problem categories and particularly those relating to issues of social exclusion, such as housing and welfare benefits. This propensity to experience multiple problems can lead to a negative impact on the lives of long-term ill and disabled people.
An exploration of violence among homeless women with emotional disabilities: implications for practice and policy
- Authors:
- PARDECK John T., ROLLISON Paul A.
- Journal article citation:
- Journal of Social Work in Disability and Rehabilitation, 1(4), 2002, pp.63-73.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
This research found a high incidence of violence among homeless women with emotional disabilities. The study reports that 82 percent of the homeless women with emotional disabilities had a history of violence in their lives. The most common form of violence was physical; the least common was sexual abuse. The practice and policy implications for these findings are discussed. It is suggested that the Olmstead v. L. C. (1998) ruling under the Americans With Disabilities Act might force states to provide better services to homeless women with a history of violence and emotional disabilities. (Copies of this article are available from: Haworth Document Delivery Centre Haworth Press Inc., 10 Alice Street Binghamton, NY 13904-1580)
The Disability Discrimination Act 1995 and psychiatry: lessons from the first seven years
- Author:
- GLOZIER Nick
- Journal article citation:
- Psychiatric Bulletin, 28(4), April 2004, pp.126-129.
- Publisher:
- Royal College of Psychiatrists
The aim was to extract relevant information for clinicians from reported and/or accessible cases involving psychiatric illness brought under the Disability Discrimination Act 1995 (DDA). Institutional databases were searched for DDA cases and relevant guidance from case law extracted. Over half the cases reaching higher courts involve psychiatric illness. A number of decisions provide guidance for clinicians wishing to aid their own patients, and those involved as expert witnesses. These cover which conditions are included as impairments (almost everything in ICD-10), what associated effects are to be considered, and the relevance of comorbidity and treatment. Cases often involve recovery of clinical documents that reveal interesting variation in professional standards. Virtually all patients of psychiatrists in secondary care would be covered by the DDA. Knowledge of this Act could be used to enhance a patient’s access to employment and services, and potentially overcome some of the effects of stigmatisation.
Chemical sensitivity in the workplace
- Authors:
- DECKER James T., et al
- Journal article citation:
- Journal of Social Work in Disability and Rehabilitation, 1(4), 2002, pp.45-61.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
The debate continues to rage in the medical community and amongst policy makers. This debate centers on a new disease mechanism commonly known as Multiple Chemical Sensitivity (MCS). Researchers have grouped the theories of etiology of MCS into four broad categories: physical, stress, misdiagnosis, and illness belief. A new name for this illness has recently been advanced as well, toxininduced loss of tolerance (TILT). Problems with chemical sensitivity are especially troubling for workers and their employers. Employees seeking relief under the Americans With Disabilities Act of 1990 (ADA) are requesting accommodations based on their reactions to chemicals. Employers are beset with claims for accommodations in the workplace, disability claims, and worker's compensation claims. Courts are trying to make sense of chemical sensitivity with respect to accommodations in the workplace. Court decisions regarding MCS issues are varied and of tentimes highly controversial. Primary social problems and mental health issues associated with chemical sensitivities are economic costs and loss of enjoyment of life by MCS sufferers. Economic costs are spread throughout the system; however, their major manifestations are lost worker production, increased demands on services, and the long-term costs associated with supporting a growing disabled subset of the population comprised of chemically injured workers. Social and mental health costs are seen in escalating cases of depression, divorces, behavioural acting out, isolation, anxiety attacks, and chronic medical problems. Social workers are particularly well suited to advocate for accommodations in the workplace and for social policy change on behalf of those suffering from chemical sensitivity. Their training in systems and ecosystems theory makes them well aware of the importance of the environment on the individual. That training includes knowledge of utilizing strengths based approach to problem solving, and clinical training in mental health, which leads to empowerment for the client. (Copies of this article are available from: Haworth Document Delivery Centre Haworth Press Inc., 10 Alice Street Binghamton, NY 13904-1580)