Section 504, Student Issues, Legal Requirements, and Practical Recommendations

ISBN-10: 0873678567
ISBN-13: 9780873678568
Category: Children with disabilities
Pages: 64
Language: English
Published: 2005-01-01
Publisher: Phi Delta Kappa International Incorporated
Author: Perry Alan Zirkel

Description

Educators who do not work directly with Section 504 often confuse this provision of federal law on disability discrimination with special education under the Individuals with Disabilities Education Act (IDEA). Accurate and practical information can be hard to find. In this short guide, legal scholar Perry Zirkel sorts out the issues. This book is designed to be a practical primer on the interrelated federal civil rights laws concerning disability discrimination, namely, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. Although an unfunded mandate, Section 504 applies to school districts because they receive federal funds. ADA, which uses the same definition of disability as Section 504, applies to "public entities" (for example, schools), in addition to private places of public accommodation. The definition of disability in IDEA differs from that used in Section 504 and ADA. This book specifically explores student issues in K-12 public education as they are affected by the requirements of Section 504 and ADA. In addressing student issues in K-12 public education, the focus is "504-alone" students, meaning those students who are not protected under the narrower definition of disability contained in IDEA. Students protected under IDEA have "double coverage" because they also are protected under Section 504.

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