Archives: Section 504 of the Rehabilitation Act of 1973

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Peter Maher Quoted in Special Ed Connection Article, “Prevent administrative convenience from creeping into classroom placement decisions”

Peter Maher has been quoted in an article that reminds school officials and Section 504 coordinators to base placement decisions on Section 504 practices, not administrative convenience. This article originally appeared in SpecialEdConnection®.

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Students with disabilities may end … Read more

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider that, … Read more

New Rules: OCR Issues Internal Memorandum Impacting Enforcement Practices for Pending and Future Investigations

Earlier this month, the U. S. Department of Education, Office for Civil Rights’ Acting Assistant Secretary issued an internal memorandum to Regional Directors eliminating certain existing internal procedures and detailing new practices regarding the investigation of OCR complaints.  With the … Read more

Register Now for Hot Topics in Special Education and Section 504/ADA

Join Shipman & Goodwin school law attorneys for a timely discussion of hot topics and legal developments in special education and Section 504/ADA. Presenters will review:

  • U.S. Supreme Court decision in Fry v. Napoleon Community Schools
  • OCR December 2016 Guidance
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Supreme Court Rules That Parents Need Not Exhaust IDEA Due Process Procedures for Non-FAPE Disability Discrimination Claims

On February 22, 2017, the Supreme Court of the United States issued its opinion in Fry v. Napoleon Community Schools, No. 15-487 (2017), which addressed the issue of when a parent who brings a claim against a school district … Read more

Gwen Zittoun Quoted in Special Ed Connection Article “Review noteworthy scenarios from OCR’s latest guide on Section 504”

Gwen Zittoun discusses useful guidance included in the latest guide on Section 504 released by the U.S. Department of Education’s Office for Civil Rights (OCR). This article originally appeared in SpecialEdConnection®.

Download: Printable PDF

Review noteworthy scenarios from OCR’s Read more

OCR Releases New Section 504 Resource Guide

On December 28, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Education released several guidance documents, including a Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools (“Resource Guide to Read more

OCR Issues Dear Colleague Letter: Restraint and Seclusion of Students With Disabilities

On December 28, 2016, the Department of Education, Office for Civil Rights (OCR), issued four guidance documents concerning students with disabilities. Along with two documents concerning students with disabilities in public charter schools (FAQs about Charter Schools and IDEARead more

New Title II and Title III ADA Regulations Take Effect October 11, 2016

On October 11, 2016, new regulations clarifying the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA) will take effect.  Title II prohibits disability discrimination by state and local governments (including public … Read more

Second Circuit Holds IDEA Eligibility Does Not Automatically Result in Section 504/ADA Eligibility; Practical Implications Are Not That Simple

On September 16, 2016, the U.S. Court of Appeals for the Second Circuit held in a precedential decision that, as a technical legal matter, a student’s eligibility for special education and related services under the Individuals with Disabilities Education Act … Read more

Office for Civil Rights Issues New Dear Colleague Letter Regarding ADHD

The Office for Civil Rights (OCR) issued another Dear Colleague Letter (DCL) on July 26, 2016 regarding the obligation of school districts to students with Attention Deficit Hyperactivity Disorder (ADHD) under Section 504 of the Rehabilitation Act of 1973 (Section … Read more

Susan Freedman and Peter Maher to Discuss Section 504, Bullying and Cyberbullying at the C.E.S. New Administrator Induction Program

On October 2, 2015, Susan Freedman and Peter Maher will be speaking to new school administrators as part of Cooperative Educational Services’ (C.E.S.) New Administrator Induction Program. Susan and Peter will cover important legal issues involving Section 504 of the … Read more

FAPE-Based Approach to Bullying Complaints

On October 21, 2014, United States Assistant Secretary Catherine Lhamon issued another Dear Colleague Letter on the topic of bullying of students with disabilities.  This is the fourth letter from the Office of Special Education and Rehabilitative Services (OSERS) or … Read more

New Guidance Explains Different Standards under IDEA and the ADA for Meeting Students’ Communication Needs

The U.S. Department of Justice (DOJ) together with the U.S. Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitation Services (OSERS) recently issued joint guidance regarding the obligations of public schools to meet the … Read more

Parent Sues Florida School District for Requiring Handler for Student’s Service Dog

A parent has filed suit against a Florida school district over a policy regarding service animals that requires the family to provide a handler and insurance for the animal. The federal lawsuit against Broward County School District is on behalf … Read more

Maine Court Rules That Transgender Student has Right to Use Bathroom Facilities of Her Choice

Maine’s highest court has ruled that a school district discriminated against a transgender student when it barred her from using the girls’ restroom, in response to community pressure, after school officials had previously allowed her to use it. The Maine … Read more

U.S. Department of Ed Issues Guidance for Providing Equal Access to Extracurricular Athletics to Students with Disabilities

The United States Department of Education’s Office for Civil Rights (OCR) recently issued guidance, in the form of a “Dear Colleague” letter, underscoring the importance of providing students with disabilities equal opportunity to participate in extracurricular athletics pursuant to Section … Read more

Emerging Issue: Service Dogs in Schools

On July 22, 2010, the Department of Justice issued regulations effective March 15, 2011 implementing Title II of the Americans with Disabilities Act (“ADA”), which applies to public entities, including schools. Pursuant to the new regulations, public entities must modify … Read more

Chairman of the House Education and Labor Committee Asks GAO to Examine Effectiveness of Federal Programs that Exist to Help Disabled Students Transition from High School to College or the Workforce

The Chairman of the House Education and Labor Committee, U.S. Rep. George Miller (D-CA), has asked the GAO to examine the effectiveness of federal programs that exist to help students with disabilities transition from high school to college or the … Read more

Linda Yoder Quoted in Special Education Connection Article entitled “Distinguish Between Placement, Location to Avoid OCR Investigation”

Changing the location in which educational services are provided will not necessarily amount to a significant change in placement.

It didn’t in Oneida (NY) City School District, 54 IDELR 173 (OCR 2009). Here, the district arranged for a student with … Read more