News & Analysis as of

Section 504

Special Education Tip – I Want My Child to Be Like Everyone Else – 52-2017

by Pessin Katz Law, P.A. on

I Want My Child to Be Like Everyone Else - You hear it a lot at IEP and 504 meetings: parents who do not want special transportation, pull-out instruction, or supplementary aids and services because they do not want their...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Special Education Tip – Say It Ain’t True – 49-2017

by Pessin Katz Law, P.A. on

Do you have relatives or friends who have favorite stories they tell over and over, embellishing the stories over the years until the stories barely resemble the originals? You smile and nod as they do this, as you are...more

Regulatory comments due in March & other housing news updates

by Ballard Spahr LLP on

Comments on the following HUD and housing related guidance are due this month. HOTMA implementation for Section 8 Voucher Programs – Due March 20, 2017 - On January 18, 2017, HUD issued a proposed rule to implement...more

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Wonder of Wonders – Supreme Court Opens Door for More Litigation in Cases Involving 504 and the ADA

by Pessin Katz Law, P.A. on

On February 22, 2017, the Supreme Court issued a decision in Fry v. Napoleon Community Schools et al. A school district had prohibited a student from bringing her service dog, Wonder, to school with her. So the family filed...more

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

IDEA Exhaustion Rule Applies only to Claims Specifically Involving FAPE

by Hodgson Russ LLP on

On February 22, 2017, the U.S. Supreme Court issued an important decision concerning the legal remedies that parents have when they feel their disabled child is being ill-served by a school district. This decision discusses...more

Supreme Court Holds IDEA Exhaustion Required When Crux of Complaint Is a Denial of FAPE

by Franczek Radelet P.C. on

The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more

CAS Legal Mailbag Question of the Week – February, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am a Section 504 coordinator working with a difficult family regarding accommodations they are asking to be placed in their child’s 504 plan. This 5th grade student is allergic to peanuts and tree...more

OCR Releases New Section 504 Resource Guide

by Shipman & Goodwin LLP on

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...more

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

by Barley Snyder on

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

by Franczek Radelet P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

SEC Division of Corporation Finance Update

At the American Bar Association’s Fall Meeting, Keith Higgins, Director of the SEC’s Division of Corporation Finance (the “Division”), gave his last “Dialogue with the Director” given the upcoming change in administration. ...more

Office for Civil Rights Issues New Dear Colleague Letter Regarding ADHD

by Shipman & Goodwin LLP on

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...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

by Franczek Radelet P.C. on

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

United States Department of Education Issues Guidance on Civil Rights of Students with ADHD

by Barley Snyder on

On July 26, 2016, the United States Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter and resource guide (“Guidance”) to LEAs, preschools and post-secondary education institutions...more

HHS Office of Civil Rights Releases Guidance for Long-Term Care Facilities Using the Minimum Data Set to Facilitate Opportunities...

by Reed Smith on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued new guidance to help long-term care facilities comply with anti-discrimination obligations when they administer the Minimum Data...more

Supreme Court Agrees to Hear Special Education Case

by Shipman & Goodwin LLP on

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the...more

Legal Update: School Website Accessibility and Digital Communications Requirements

by Barley Snyder on

To ensure compliance under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II), both of which are enforced by the U.S. Department of Education (ED), Office for...more

How Accessible is Your Website? OCR Prioritizing Equal Access for Educational Institutions’ Websites and Web-Based Applications

by Shipman & Goodwin LLP on

There is immense value in maintaining a website for your educational agency. Indeed, websites and web-based applications are intended to provide efficient and accessible information to the public, who rely on the information...more

Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving...more

Corporate and Financial Weekly Digest - Volume X, Issue 43

SEC/CORPORATE - SEC Proposes Amendments to Rules 147 and 504 - On October 30, the Securities and Exchange Commission proposed amendments to modernize: (1) Rule 147, promulgated under the Securities Act of 1933...more

Far From The Madding Crowdfunding: A look at the SEC’s proposed changes to Rule 147 and Rule 504

On October 30, 2015, the Securities and Exchange Commission adopted the final rules for “Regulation Crowdfunding” nearly two years after issuing its proposed rules and over three years after the enactment of Title III of the...more

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