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Section 504 and the ADA
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Section 504 and the ADA



September 2008 | 152 pages | Corwin
A concise legal desk reference to help educators support the rights of individuals with disabilities!This resource provides an expert review of the requirements of Section 504 of the Rehabilitation Act and the Americans With Disabilities Act (ADA) and their impact on educational opportunities and access for persons with disabilities. Ideal for administrators, counselors, teachers, and special educators, the book covers: Provisions of Section 504 and the ADA regarding students who participate in educational programs and services Requirements affecting students in public Kû12 schools, private schools, and post-secondary institutionsThe rights of employees with disabilitiesLegal considerations involving parents
 
Preface
 
Acknowledgments
 
About the Authors
 
1. Introduction: Education and the American Legal System
Key Concepts in This Chapter

 
Introduction

 
Sources of Law

 
Constitutions

 
Statutes and Regulations

 
Common Law

 
Court Systems

 
Finding Legal Materials

 
History

 
Exclusionary Practices

 
Civil Rights Movement

 
Equal Educational Opportunity Movement

 
A New Era for Students With Disabilities

 
The Right to an Appropriate Education Delineated

 
Landmark Litigation

 
Other Significant Cases

 
Legislative Response to PARC and Mills

 
Recommendations

 
References

 
 
2. Anti-Discrimination Legislation: An Overview of Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act
Key Concepts in This Chapter

 
Introduction

 
Section 504 of the Rehabilitation Act

 
Individual With a Disability Defined

 
Otherwise Qualified Explained

 
Requirement to Provide Reasonable Accommodations

 
Application of Section 504 to Parents and Others Who Access a School

 
Americans With Disabilities Act

 
ADA's Definition of Individual With a Disability

 
Exceptions

 
Five Titles of the ADA

 
Similarities Between Section 504 and the ADA

 
Summary

 
Recommendations

 
References

 
 
3. Students
Key Concepts in This Chapter

 
Introduction

 
Students in Elementary and Secondary Schools

 
Prohibition Against Discrimination

 
Definition of Disability

 
Otherwise Qualified Students With Disabilities

 
Reasonable Accommodations

 
Appropriate Education

 
Athletics

 
Testing Accommodations

 
Undue Burden

 
Section 504/ADA Service Plans

 
Students in Non-Public Schools

 
Admissions Examinations/Standards

 
Students in Higher Education

 
Discriminatory Practices Prohibited

 
Disability

 
Otherwise Qualified Students With Disabilities

 
Reasonable Accommodations

 
Summary

 
Recommendations for Practice

 
References

 
 
4. Employees
Key Concepts in This Chapter

 
Introduction

 
Discrimination Claims

 
Differential Treatment

 
Impairments Not Covered

 
Mitigation of Impairments

 
Disciplinary Action

 
Otherwise Qualified Individuals With Disabilities

 
Essential Job Functions

 
Reassignments

 
Failure to Meet Prerequisite Requirements

 
Poor Performance and Misconduct

 
Reasonable Accommodations

 
Accommodating Physical Challenges

 
Accommodating Disease and Illness

 
Reassignments

 
Relief Denied

 
Summary

 
Recommendations for Practice

 
References

 
 
5. Parents and the General Public
Key Concepts in This Chapter

 
Introduction

 
Applicable Provisions of Section 504 and the ADA

 
Public Entities

 
Public Accommodations

 
Private Institutions

 
Parents

 
General Public

 
Summary

 
Recommendations for Practice

 
References

 
 
6. Defenses, Immunities, and Remedies
Key Concepts in This Chapter

 
Introduction

 
Defenses

 
Eleventh Amendment Immunity

 
Sovereign Immunity Under Section 504

 
Sovereign Immunity Under the ADA

 
Effect on State Agencies and School Boards

 
Damages

 
Individual Defendants

 
Attorney Fees

 
Exhaustion of IDEA Administrative Remedies

 
Statute of Limitations

 
Summary

 
Recommendations for Practice

 
References

 
 
Appendix 1
 
Appendix 2
 
Index

"How do you protect the rights of every person who walks into your building? You do it by buying this book and keeping it on your desk as a ready reference manual on how to implement major laws.”

Robert J. Safransky, Adjunct Professor of School Law and American Government
Nova Southeastern University

"Provides comprehensive guidance for administrators, policy makers, and educational officials. The encyclopedic treatment of disability law within the context of these statutes offers readers best practices for ensuring that their actions are consistent with the law, treating students and employees fairly and minimizing potential liability."

Terrence Leas, President
Riverland Community College

"Educators need a source that is written in an easy-to-understand format. This book offers many examples of case law that can be applied to educational settings. It is a wonderful resource that covers a range of topics pertinent to teachers and administrators."

Carol Shiffer, Assistant Principal and 504 Coordinator
Quincy Public Schools, MA

“The most complex civil rights questions of the twenty-first century are those surrounding persons with disabilities. This book simplifies those issues and serves as an excellent starting point for further research. It is essential tool for any school board or university attorney.”

William E. Thro, Former General Counsel
Christopher Newport University

Sample Materials & Chapters

Preface

Chapter 1


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