The Olmstead Decision and Services for Youth with Disabilities in Community Settings - Teleconference Transcript
NCSET
2002 http://ici.umn.edu/ncset/events/transcripts/2002/03_21.html
Transcript of NCSET teleconference call held on March 21, 2002.
Presented by Robert Silverstein, J.D., Director, Center for the Study and Advancement of Disability Policy; Deborah Leuchovius, National Coordinator, Technical Assistance on Transition and the Rehabilitation Act, PACER Center.
The Supreme Court heard a case regarding whether the ADA or the prohibitions against discrimination in the ADA, require placement of persons with mental disabilities in community settings rather than in institutional settings.
This teleconference is a discussion of this decision and implications for transition for students with disabilities.
Transportation Complaint to OCR Triggers Action (found in favor of the student)
Schools must provide bus rides and school days equal in length of time to students with and without disabilities. www.fape.org/idea/what_idea_is/lre.htm#tcota
Jim C. v. Arkansas Department of Education (12/22/00).
Earlier last year, the U.S. Court of Appeals for the Eighth Circuit (ND, SD, MN, NE, IA, MO, AR) vacated its 1999 decision in this case (then called Bradley v. Arkansas Dept. of Ed.) holding that states are immune from lawsuits in federal court for violating Section 504 of the Rehabilitation Act, and ordered that the case be heard again. In a decision issued 12/22/00, the court reversed its original conclusion, holding that states are not immune and may, in fact, be sued by private parties when they violate §504. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=8th&navby=year&year=2000-12
Earls v. Tecumseh Public School District (3/21/01)
In which the U.S. Court of Appeals for the Tenth Circuit (CO, KS, NM, OK, UT, WY) held that a school district policy requiring random, suspicionless drug testing for all students participating in competitive extracurricular activities is unconstitutional. www.kscourts.org/ca10/cases/2001/03/00-6128.htm