Section 504 and the ADA
Autor Charles Russo, Allan G. Osborneen Limba Engleză Electronic book text – 9 aug 2013
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Specificații
ISBN-13: 9781452212685
ISBN-10: 1452212686
Pagini: 152
Dimensiuni: 178 x 254 mm
Ediția:1
Editura: SAGE Publications
Colecția Corwin
Locul publicării:Thousand Oaks, United States
ISBN-10: 1452212686
Pagini: 152
Dimensiuni: 178 x 254 mm
Ediția:1
Editura: SAGE Publications
Colecția Corwin
Locul publicării:Thousand Oaks, United States
Recenzii
"How
do
you
protect
the
rights
of
every
person
who
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into
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building?
You
do
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by
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"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.”
"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.”
Cuprins
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
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
Descriere
Educators
will
find
an
expert
analysis
of
Section
504
and
the
Americans
With
Disabilities
Act
(ADA)
and
their
impact
on
educational
opportunities
for
persons
with
disabilities.