November 2014

I’m not a big fan of guidances for several reasons: I find that lawyers rely on them as a crutch unnecessarily in many cases; the guidances oftentimes push an agenda and are not based on case law or regulations; as guidances they are not regulations and so therefore are subject to being ignored by the

In one of my most popular blog entries, ADA compliance auditing: higher education version, I mention technical standards in a comment to that entry. Many training programs as a condition of accreditation have developed technical standards that people in the program must meet in order to get into the program and stay into the

This particular blog entry deals with three different topics all contained within the same case. The case is Powell v. Valdosta City School District, 2014 U.S. Dist. LEXIS 157158 (M.D. GA November 6, 2014). As is my usual, I have divided the blog entries into categories: facts, issues, holdings, court’s reasoning, and takeaways. The