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Students Americans with Disabilities Act (ADA) Section 504

Bowditch & Dewey

3-Part Series: Fall Semester Is Underway, Is Your College Up to Date on the Latest Federal Civil Rights Guidance? Part 2

Bowditch & Dewey on

In this three-part series, we’ll review the latest federal civil rights guidance, including Title VI, ADA and Section 504, and Title IX. PART 2: HOW TO MEET THE TRANSPORTATION NEEDS OF STUDENTS WITH DISABILITIES (ADA,...more

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Franczek P.C.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

Franczek P.C.

U.S. Department of Education to Amend Section 504 Regulations

Franczek P.C. on

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

Franczek P.C. on

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

Fox Rothschild LLP

Could Masks Be Required In Schools Under Section 504? One Federal Judge Says The Answer May Be Yes.

Fox Rothschild LLP on

Throughout the country, the debate over requiring masks in schools often focuses on whether districts or states have the power to impose such mandates. But a case from Tennessee suggests that the more important question is...more

Nelson Mullins Riley & Scarborough LLP

Section 504 Team's Response to Requests for Continued Online Learning

A year after COVID-19 forced school systems to shutter their doors and transform overnight to a new model of remote learning, they are now facing a new challenge -- educating and supporting students while they transition to a...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Responding to Student Disability Accommodation Requests in the New Normal: You want to do what? We can’t do that...or...

A year after COVID-19 shuttered doors and opened a new world of online remote learning, K-12 schools, colleges, and universities are facing an increase in the number and type of student accommodation requests. The 2020 shift...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Troutman Pepper

Involuntary Withdrawal Policies: No Room for Mental Health Stereotypes in a Fair Process

Troutman Pepper on

In a recent blog post, ACE General Counsel Peter McDonough outlined principles recognized by the U.S. Department of Education’s Office for Civil Rights (OCR) as guideposts to avoid running afoul of the Americans with...more

Fisher Phillips

Campus Companions: How To Handle Requests For Service And Assistance Animals

Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Seyfarth Shaw LLP

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

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

Seyfarth Shaw LLP

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

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

Franczek P.C.

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

Franczek 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

Franczek P.C.

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

Franczek 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

Ballard Spahr LLP

Service animals in residence halls – an overview of federal requirements

Ballard Spahr LLP on

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

Franczek P.C.

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

Franczek P.C. on

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

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