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Section 504 and the ADA
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Section 504 and the ADA



August 2008 | 152 pages | Corwin

"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.

 
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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