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Topic Summary

Posted by: LinksEtc
« on: July 12, 2014, 12:04:40 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
Posted by: LinksEtc
« on: July 12, 2014, 12:04:10 PM »

.
Posted by: LinksEtc
« on: July 12, 2014, 12:03:46 PM »

.
Posted by: LinksEtc
« 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
Posted by: LinksEtc
« on: January 19, 2014, 05:19:34 PM »

"Section 504 of the Rehabilitation Act"
http://www.dphilpotlaw.com/html/section_504.html
Quote
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.
Posted by: LinksEtc
« on: January 19, 2014, 05:19:13 PM »


-----------------------------------

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 The ADA was originally enacted in public law format and later rearranged and published in the United States Code.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

-----------------------------------

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

-----------------------------------

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
Posted by: LinksEtc
« 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
Quote
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
Quote
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).
Posted by: LinksEtc
« 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
Posted by: LinksEtc
« on: July 09, 2012, 10:10:53 AM »

Posted by: LinksEtc
« 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

-----------------------------------------


"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

-----------------------------------------
Posted by: LinksEtc
« on: July 09, 2012, 10:10:12 AM »