Tag: Disability Justice

Supreme Court to Decide Standard for Proving Disability Discrimination in Schools

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By Kendall Eaton, Esq. 

A.J.T. v. Osseo Area Schools 

On January 17, 2025, the Supreme Court of the United States (SCOTUS) agreed to hear the district court case A.J.T. v. Osseo Area Schools out of the 9th Circuit. 

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Administrative Agencies and the Rulemaking Process

Posted on | by Leah Smith | Leave a Comment on Administrative Agencies and the Rulemaking Process

Learn how administrative agencies create and enforce regulations through the rulemaking process under the Administrative Procedure Act (APA). This infographic explains the difference between laws and regulations, provides examples of key agencies, and outlines the notice and comment period for public input. Be sure to check out our Policy Unpacked  series for more plain language articles about the policy process in the United States.

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An infographic titled "Administrative Agencies & The Rulemaking Process" explains how agencies create rules under the Administrative Procedure Act (APA). The infographic is structured with multiple sections, each using a combination of text, icons, and illustrations in blue, green, and white color themes. Law vs. Regulation: A law is made by Congress and dictates what people can or cannot do, whereas a regulation is made by agencies to explain how laws should be carried out. Example: A law might prohibit driving over a certain speed limit, while a regulation clarifies exact speed limits and how they are enforced. A gavel and book illustration accompany this section. Examples of Administrative Agencies: The Securities and Exchange Commission (SEC) monitors the stock market for fairness. The National Labor Relations Board (NLRB) ensures workers and employers follow fair labor rules. The National Council on Disabilities (NCD) helps improve life for disabled individuals. Icons representing finance, legal documents, and diverse people with disabilities accompany this section. Administrative Agencies: These agencies enforce laws and are created by Congress, which defines their roles, powers, and rulemaking authority. What is the Notice and Comment Period? Explains the three-step rulemaking process: Proposal – An agency suggests a new rule or amendment. Public Feedback – The public can provide comments. Final Rule – The agency reviews feedback, makes changes, and finalizes the rule. The bottom of the infographic features the logo and website of The National Center for Disability, Equity, and Intersectionality (www.thinkequitable.com).

The Importance of Section 504

Posted on | by Leah Smith | Leave a Comment on The Importance of Section 504

In the current State of Texas V. Becerra case, 17 states are challenging the legality of Section 504. On February 25, 2025, all 17 states and HHS were due to file a joint report. Once a briefing schedule has been posted, views from the disability community can be presented to the court. The National Center for Disability, Equity, and Intersectionality will issue more information as it becomes available. In the meantime, you can find more information from DREDF (Disability Rights Education and Defense Fund) here.

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