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Hands-on, Practical Guidance for Educators

From math, literacy, equity, multilingual learners, and SEL, to assessment, school counseling, and education leadership, our books are research-based and authored by experts on topics most relevant to what educators are facing today.

 

Section 504 and the ADA

A concise legal desk reference to help educators protect the rights of individuals with disabilities!

This resource provides an expert analysis of the requirements of the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act and their impact on educational opportunities and access for persons with disabilities. With practical recommendations for educators in public K–12 schools, private schools, and postsecondary institutions, the book covers: 

  • Testing accommodations and educational access for students with disabilities
  • The rights of employees with disabilities
  • Legal considerations regarding parents and the general public
  • Background information on defenses, immunities, remedies, and the legal system

Full description


Product Details
  • Grade Level: K-12
  • ISBN: 9781412955096
  • Published By: Corwin
  • Year: 2008
  • Page Count: 152
  • Publication date: September 05, 2008
Price: $31.95
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Description

Description

"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

A concise legal desk reference to help educators protect the rights of individuals with disabilities!

The Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have greatly reduced discrimination based on race, gender, and disability. To act legally and responsibly, educators need to be aware of the requirements of these laws and how to meet them. This book offers an expert review of the rights and expectations of persons with disabilities.

Section 504 and the ADA provides educators with an in-depth analysis of these laws and offers recommendations for practice. Chapters cover:

  • Testing accommodations and educational access for students with disabilities
  • The rights of employees with disabilities
  • Legal considerations regarding parents and the general public
  • Background information on defenses, immunities, remedies, and the legal system

One of the few resources to focus specifically on the implications of Section 504 and the ADA for public K–12 schools, private schools, and postsecondary institutions, this essential guide helps educators ensure equity for all students.

Author(s)

Author(s)

Charles J. Russo photo

Charles J. Russo

Charles J. Russo, JD, EdD, is the Joseph Panzer Chair in Education in the School of Education and Allied Professions and adjunct professor in the School of Law at the University of Dayton. He was the 1998–1999 president of the Education Law Association and 2002 recipient of its McGhehey (Achievement) Award. He has authored or coauthored more than 200 articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of 800 publications. Russo also speaks extensively on issues in education law in the United States and abroad.

Along with having spoken in 33 states and 25 nations on 6 continents, Russo has taught summer courses in England, Spain, and Thailand; he also has served as a visiting professor at Queensland University of Technology in Brisbane and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom Campus of North-West University in Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; and the University of São Paulo, Brazil. He regularly serves as a visiting professor at the Potchefstroom Campus of North-West University.

Before joining the faculty at the University of Dayton as professor and chair of the Department of Educational Administration in July 1996, Russo taught at the University of Kentucky in Lexington from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for 8½ years before and after graduation from law school. He received a BA (classical civilization) in 1972, a JD in 1983, and an EdD (educational administration and supervision) in 1989 from St. John’s University in New York City. He also received a master of divinity degree from the Seminary of the Immaculate Conception in Huntington, New York, in 1978, as well as a PhD Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law.

Allan G. Osborne, Jr. photo

Allan G. Osborne, Jr.

Biography Allan G. Osborne, Jr. is the retired principal of the Snug Harbor Community School in Quincy, Massachusetts, a nationally recognized Blue Ribbon School of Excellence. During his 34 years in public education, he served as a special education teacher, a director of special education, an assistant principal, and a principal. He has also served as an adjunct professor of special education and education law at several colleges, including Bridgewater State University and American International University.

Osborne earned an EdD in educational leadership from Boston College and an MEd in special education from Fitchburg State College (now Fitchburg State University) in Massachusetts. He received a BA in psychology from the University of Massachusetts.

Osborne has authored or coauthored numerous peer-reviewed journal articles, book chapters, monographs, and textbooks on legal issues in education, along with textbooks on other aspects of education. Although he writes and presents in several areas of educational law, he specializes in legal and policy issues in special education. He is the coauthor, with Charles J. Russo, of five texts published by Corwin, a SAGE company.

A past president of the Education Law Association (ELA), Osborne has been an attendee and presenter at most ELA conferences since 1991. He has also written a chapter now titled "Students With Disabilities" for the Yearbook of Education Law, published by ELA, since 1990. He is on the editorial advisory committee of West’s Education Law Reporter and is coeditor of the "Education Law Into Practice" section of that journal, which is sponsored by ELA. He is also on the editorial boards of several other education journals.

In recognition of his contributions to the field of education law, Osborne was presented with the McGhehey Award by ELA in 2008, the highest award given by the organization. He is also the recipient of the City of Quincy Human Rights Award, the Financial Executives Institute of Massachusetts Principals Award, the Junior Achievement of Massachusetts Principals Award, and several community service awards.

Table of Contents

Table of Contents

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

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


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