In the United States, access to a free public education is a right granted to all students, including students with disabilities. Specifically, Section 504 of the Rehabilitation Act (1973) prevents any disabled individual from being discriminated against in federally-funded programs, including public schools. Likewise, the Individuals with Disabilities Education Act (IDEA) of 1990 endows disabled children with the right to a quality public education by requiring schools to provide disabled children with accommodations and support services. Although children who suffer traumatic brain injuries (TBI) are guaranteed that same right under Section 504 and IDEA, legal precedent regarding the intersection of TBI and education is scarce.
Read MorePublic schools have a unique duty to reasonably maintain a safe academic environment for their students. While this is an undisputed fact, methods aimed at ensuring this safety have surfaced as problematic in nature. The Supreme Court must expand their application of the Fifth Amendment right against self-incrimination in public school settings in order to ensure adequate due process is being awarded to students subjected to schoolhouse interrogations.