Section 504 and the ADA

"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.

Table of Contents:
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

About the Author :
Charles J. Russo, JD, EdD, is the Joseph Panzer Chair in Education in the School of Education and Allied Professions and adjunct professor in the School of Law at the University of Dayton. He was the 1998–1999 president of the Education Law Association and 2002 recipient of its McGhehey (Achievement) Award. He has authored or coauthored more than 200 articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of 800 publications. Russo also speaks extensively on issues in education law in the United States and abroad. Along with having spoken in 33 states and 25 nations on 6 continents, Russo has taught summer courses in England, Spain, and Thailand; he also has served as a visiting professor at Queensland University of Technology in Brisbane and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom Campus of North-West University in Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; and the University of São Paulo, Brazil. He regularly serves as a visiting professor at the Potchefstroom Campus of North-West University. Before joining the faculty at the University of Dayton as professor and chair of the Department of Educational Administration in July 1996, Russo taught at the University of Kentucky in Lexington from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for 8½ years before and after graduation from law school. He received a BA (classical civilization) in 1972, a JD in 1983, and an EdD (educational administration and supervision) in 1989 from St. John’s University in New York City. He also received a master of divinity degree from the Seminary of the Immaculate Conception in Huntington, New York, in 1978, as well as a PhD Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law. Allan G. Osborne, Jr. is the retired principal of the Snug Harbor Community School in Quincy, Massachusetts, a nationally recognized Blue Ribbon School of Excellence. During his 34 years in public education, he served as a special education teacher, a director of special education, an assistant principal, and a principal. He has also served as an adjunct professor of special education and education law at several colleges, including Bridgewater State University and American International University. Osborne earned an EdD in educational leadership from Boston College and an MEd in special education from Fitchburg State College (now Fitchburg State University) in Massachusetts. He received a BA in psychology from the University of Massachusetts. Osborne has authored or coauthored numerous peer-reviewed journal articles, book chapters, monographs, and textbooks on legal issues in education, along with textbooks on other aspects of education. Although he writes and presents in several areas of educational law, he specializes in legal and policy issues in special education. He is the coauthor, with Charles J. Russo, of five texts published by Corwin, a SAGE company. A past president of the Education Law Association (ELA), Osborne has been an attendee and presenter at most ELA conferences since 1991. He has also written a chapter now titled "Students With Disabilities" for the Yearbook of Education Law, published by ELA, since 1990. He is on the editorial advisory committee of West’s Education Law Reporter and is coeditor of the "Education Law Into Practice" section of that journal, which is sponsored by ELA. He is also on the editorial boards of several other education journals. In recognition of his contributions to the field of education law, Osborne was presented with the McGhehey Award by ELA in 2008, the highest award given by the organization. He is also the recipient of the City of Quincy Human Rights Award, the Financial Executives Institute of Massachusetts Principals Award, the Junior Achievement of Massachusetts Principals Award, and several community service awards.

Review :
"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.” "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." "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." “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.”