Section 504 and the ADA

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