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Author Topic: 504 index - Further exploring 504 law and court cases  (Read 10164 times)

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Offline LinksEtc

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Please don't post in this thread  :heart:

If you have suggestions for the index threads, please post them in this other thread:
504 index - Suggestions

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Related thread
504 index - Advanced Level Topics

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TT ... this thread isn't organized ... I just threw a lot of stuff in here  :hiding: ... but I have every confidence that I am leaving this mess in good hands  :) .  As I mentioned before, you don't have to use all of this info.

« Last Edit: January 23, 2014, 08:36:48 PM by LinksEtc »

Offline LinksEtc

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Re: 504 index - Further exploring 504 law and court cases
« Reply #1 on: July 09, 2012, 10:09:04 AM »
"A Complex Recipe: Food Allergies and the Law", Wisonsin Lawyer:  Vol. 83, No. 5, May 2010
http://www.wisbar.org/am/template.cfm?section=wisconsin_lawyer&template=/cm/contentdisplay.cfm&contentid=92733&feed=wl_features

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Congress changed the concept of major life activities

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Congress rejected the requirement the U.S. Supreme Court established in Sutton that courts should consider the ameliorative effects of mitigating measures

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Congress directed that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active

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The OCR ruled that the district violated section 504 and the ADAAA when it based its evaluation only on whether the impairment affected the child’s learning.
34   North Royalton City Sch. Dist., 52 IDELR 203, 109 LRP 32541 (2009).



2008 ADA Amendment NOW LAW!!!:

« Last Edit: January 19, 2014, 05:21:25 PM by LinksEtc »

Offline LinksEtc

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Re: 504 index - Further exploring 504 law and court cases
« Reply #2 on: July 09, 2012, 10:09:26 AM »
Legal Precedents regarding Sec. 504 and ADA (Momcat)


Saluda Ruling regarding section 504
http://listserv.doe.state.in.us/pipermail/snurses/attachments/20070201/91ed7afc/47IDELR22-0001.pdf

A Primer of Special Education Law
Perry A. Zirkel
https://docs.alsde.edu/documents/65/SpEdLaw%20Primer%20Article.pdf

"WHEN THE RIGHTS OF DISABLED STUDENTS COLLIDE WITH THE RIGHTS OF GENERAL
EDUCATION STUDENTS, HOW SHOULD SCHOOL DISTRICTS BALANCE THE COMPETING RIGHTS?"
http://www.mnase.org/files/44012390.pdf
pp 16 - 23

« Last Edit: September 09, 2012, 09:39:38 PM by LinksEtc »

Offline LinksEtc

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Re: 504 index - Further exploring 504 law and court cases
« Reply #3 on: July 09, 2012, 10:09:49 AM »
28 CFR Parts 35 and 36

Nondiscrimination on the Basis of Disability in State and Local
Government Services; Final Rules

Federal Register / Vol. 75 , No. 178 / Wednesday, September 15, 2010
/ Rules and Regulations

http://www.gpo.gov/fdsys/pkg/FR-2010-09-15/html/2010-21821.htm

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OCR Reading Room
http://www2.ed.gov/about/offices/list/ocr/publications.html

OCR:  New Additions, Revised Publications, and Recent Items of Interest
http://www2.ed.gov/about/offices/list/ocr/whatsnew.html
« Last Edit: July 18, 2012, 08:54:28 AM by LinksEtc »

Offline LinksEtc

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« Last Edit: July 18, 2012, 10:21:52 PM by LinksEtc »

Offline LinksEtc

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Re: 504 index - Further exploring 504 law and court cases
« Reply #5 on: July 09, 2012, 10:10:27 AM »
BEFORE THE HEARING OFFICER PANEL
STATE OF OREGON for the
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

In the Matter of R.P. and Cascade School District
http://www.ode.state.or.us/services/disputeresolution/dueprocess/2002orders/dp02_122.pdf

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"Understanding Section 504"
http://www.dcn-cde.ca.gov/504/Units/504index.htm


Section 504, the ADA, and Public Schools
By: Tom E.C. Smith (2001)
http://www.ldonline.org/article/6108

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« Last Edit: January 23, 2014, 08:34:34 PM by LinksEtc »


Offline LinksEtc

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« Last Edit: February 02, 2014, 10:40:45 AM by LinksEtc »


Offline LinksEtc

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Re: 504 index - Further exploring 504 law and court cases
« Reply #9 on: July 09, 2012, 10:11:19 AM »
Supreme Court on ADA Civil Rights in Parochial Schools


Elgart, Linda Marie, "Children with Peanut and Tree Nut Allergies and Policy Issues Involving the School Environment" (2003).
UCHC Graduate School Masters Theses 2003 - 2010. Paper 33.
http://digitalcommons.uconn.edu/cgi/viewcontent.cgi?article=1032&context=uchcgs_masters
« Last Edit: January 23, 2014, 03:57:47 PM by LinksEtc »

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Re: 504 index - Further exploring 504 law and court cases
« Reply #10 on: January 19, 2014, 05:18:40 PM »
It’s the Law
The “New” Section 504
Perry A. Zirkel
http://www.naesp.org/principal-septemberoctober-201-healthy-child/principal-septemberoctober-new
(Only NAESP members will be able to access the article using this first link)

"Section 504/ADA And K-12 Students: Supplemental Materials"
https://docs.alsde.edu/documents/65/504%20ADA%20supplement%20for%20MEGA%202010%20by%20Perry%20Zirkel.pdf

"Section 504 of the Rehabiliation Act of 1973
Handbook of Common Questions" 
Study Guide developed by David M. Hales, M.ED.
 http://departments.weber.edu/teachall/504/handbook.html

"Section 504: An Update"
http://www.naesp.org/resources/2/Principal/2009/M-A_p60.pdf

"Section 504 Students' Emerging Case Law Developments: Double Trouble?"
http://www.ksde.org/LinkClick.aspx?fileticket=toX-hCir4Zo%3D&tabid=3339&mid=12212#256,1,SECTION 504 STUDENTS’  EMERGING CASE LAW DEVELOPMENTS:  DOUBLE TROUBLE?  © 2011

http://www2.ed.gov/policy/speced/guid/idea/letters/2002-4/zirkel102902dod4q2002.doc
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Dear Dr. Zirkel:

This is in response to your letter to JoLeta Reynolds of the Office of Special Education Programs.  You ask “whether, and it [sic] so to what extent, the requirements of the IDEA and Section 504 (or the ADA), respectively apply to the following three types of overseas schools:

1.  Department of Defense overseas schools
2.  private international schools overseas that receive limited support from the U.S. Department of State
3.  other private international schools that offer the ‘American Model’ of education but without any support from the 
         Department of State.”


"Legally Best Practices in Section 504 Plans
A sound understanding of what the law actually requires can save you from awarding too many ‘consolation prizes’"
http://www.aasa.org/SchoolAdministratorArticle.aspx?id=4926


About "Reasonable Accommodation"
(OCR Policy Letter to Zirkel, 20 IDELR 134, 8/23/93.)
http://www.dueprocessillinois.org/zirkel.html
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The key question in your letter is whether OCR reads into that Section 504 regulatory requirement for a free appropriate public education (FAPE) a "reasonable accommodation" standard, or other similar limitation. The clear and unequivocal answer to that is no. Section 104.33(a) guarantees all qualified individuals with disabilities FAPE, which consists of regular or special education and related aids and services that are designed to meet the individual education needs of qualified persons with disabilities as adequately as the individual education needs of other persons are met and that are designed and delivered in accordance with the Department's regulation. 34 C.F.R.§ 104.33(b)(1).
« Last Edit: January 19, 2014, 05:35:02 PM by LinksEtc »


Offline LinksEtc

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Re: 504 index - Further exploring 504 law and court cases
« Reply #12 on: January 19, 2014, 05:19:13 PM »

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AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED
 
Editor’s Note:
 
Following is the current text of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code. The United States Code is divided into titles and chapters that classify laws according to their subject matter. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101. Title IV of the original law is codified in Title 47, chapter 5, of the United States Code. Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings. For the reader’s convenience, changes created by the ADA Amendments Act of 2008 are shown by strike-out and bold.

http://www.ada.gov/pubs/adastatute08mark.htm

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The ADA Amendments Act of 2008
http://www.access-board.gov/about/laws/ada-amendments.htm

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http://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html

The U.S. Department of Education's Section 504 regulation is enforced by OCR and is in the federal code of regulations at 34 CFR 104:
http://www.gpo.gov/fdsys/pkg/CFR-1999-title34-vol1/pdf/CFR-1999-title34-vol1-part104.pdf

Title II of the Americans with Disabilities Act of 1990 prohibits discrimination based on disability in public entities. OCR is the agency designated by the U.S. Department of Justice to enforce the regulation under Title II with respect to public educational entities and public libraries. The Title II regulation is in the federal code of regulations at 28 CFR 35:
http://www.gpo.gov/fdsys/pkg/CFR-1999-title28-vol1/pdf/CFR-1999-title28-vol1-part35.pdf
« Last Edit: January 23, 2014, 02:15:25 PM by LinksEtc »

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Re: 504 index - Further exploring 504 law and court cases
« Reply #13 on: January 19, 2014, 05:19:34 PM »
"Section 504 of the Rehabilitation Act"
http://www.dphilpotlaw.com/html/section_504.html
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If we do the modifications for the student, do we have to refer the child and go through the procedural hassle of 504?

Yes. If the student qualifies for 504, doing the modifications without providing the procedural protections is a violation. That was the case where a school district provided a student who had undergone hip surgery with appropriate modifications, but failed to have procedures in place to document the deliberation of, or provision of accommodations [the regulations require no such documentation], or to inform parents of the procedure to follow should their student become disabled. Temple (TX) ISD, 25 IDELR 232 (OCR 1996). There can be few results as unpalatable as one where the district provides sufficient modifications to a qualified disabled student, but nevertheless is found in violation for not jumping through the procedural hoops.
« Last Edit: January 23, 2014, 03:40:02 PM by LinksEtc »

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Re: 504 index - Further exploring 504 law and court cases
« Reply #14 on: January 19, 2014, 05:19:54 PM »
Please don't post in this thread  :heart:

If you have suggestions for the index threads, please post them in this other thread:
504 index - Suggestions