The Department of Health and Human Services (DHHS) plays a critical role in ensuring that all individuals have access to necessary healthcare and social services, regardless of their disabilities. One of the key regulations...more
The Americans with Disabilities Act, Section 504 and the Family Medical Leave Act work together to protect employees with disabilities. But what happens when your highly specialized professor goes on leave halfway through the...more
Earlier this week, Proskauer—along with Disability Rights Advocates (DRA), a nationwide nonprofit disability rights legal center—filed a putative class action against the City of Chicago on behalf of the American Council of...more
Even a condition that seems purely medical may trigger Child Find duties for school officials under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act, particularly if there were “warning...more
A school district’s duty to accommodate students with disabilities extends beyond the classroom setting into field trips and other offsite, school-sponsored activities. School districts must accommodate students with...more
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
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
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
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
Divorce is more common than ever. According to the Center for Disease Control, another trend on the rise is the prevalence of Attention Deficit Disorder (“ADD”) and Attention Deficit Hyperactive Disorder (“ADHD”) diagnosed in...more
Increasingly, students with disabilities bring service animals to college campuses. This means that educational institutions must sort through an array of competing federal and state laws governing the use of such animals in...more
Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more
A "Dear Colleague Letter" just issued by the Department of Education Office of Civil Rights interpreting Section 504 of the Rehabilitation Act of 1973 clarifies that colleges and universities must provide disabled students...more