EUROPEAN UNION LAW

Importance Of Indirect Effect As A Legal Principle In Eu Law



Importance Of Indirect Effect As A Legal Principle In Eu Law

Question 1

Students (Nadia) with learning disabilities like migraine, who obtain services under the Individuals with Disabilities Education Act (IDEA) or the Rehabilitation Act of 1973 (Rehabilitation Act) in public elementary and secondary school may extend to have legal rights under federal laws in school programs.

The rights that may extend are those under the Rehabilitation Act and the Americans with Disabilities Act of 1990 (ADA). To understand which rights extend, it is important to understand the three basic federal statutes that talk rights on persons with disabilities.

The IDEA, initially enacted in 1975, provides for special education and related services for Students with disabilities who require such education and services by reason of their disabilities. The IDEA provides for a Free Appropriate Public Education (FAPE) and for an Individualized Education Program (IEP).

The Rehabilitation Act, most notably Section 504, prohibits discrimination against Students and adults with disabilities. The Rehabilitation Act applies to public and private elementary and secondary schools and colleges that obtain federal funding. It also applies to employers that obtain federal funding.

The ADA prohibits discrimination against Students and adults with disabilities and applies to all public and most private schools and colleges, to testing entities, and to licensing authorities, regardless of federal funding. Religiously controlled educational institutions are exempt from coverage. The ADA applies to private employers with fifteen or more employees and to state and local governments.

It may assist to consider an example of how rights may extend over many years. Jeff has a reading disorder. For a long time he wanted to become a lawyer, and now he is in law school. He obtained special education and related services under the IDEA throughout public elementary school. He went to a small private religious high school and obtained accommodations under Section 504 of the Rehabilitation Act. He obtained extra test time on the SAT, throughout school, on the law school admission test (LSAT), and in law school. Under the ADA, he will be deserving to extra test time on the Bar Examination.

The period “Quiet Room” sounds so peaceful as it invokes thoughts of serenity. I guess that is why more and more school districts are pushing the terminology “Quiet Room” as opposed to “Seclusion Room” or “Timeout Room”.

According to Article 267 TFEU, renumbered Article 14 TFEU, Without prejudice to Article 3a of the Treaty on European Union or to Articles 73, 86 and 87 of this Treaty, and granted the place used by by services of general financial interest in the shared values of the Union as well as their function in encouraging social and territorial cohesion, the Union and the Member States, each inside their respective powers and inside the scope of application of the Treaties, shall take care that such services operate on the basis of principles and conditions, particularly financial and financial conditions, which enable them to fulfill their ...