Section 504 and the ADA

Charles Russo - University of Dayton, USA
Allan G. Osborne - Snug Harbor Community School (Retired), Quincy, Massachusetts
Section 504 and the ADA
August 2008 | 152 pages | Corwin
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ISBN: 9781452294650
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ISBN: 9781412955096
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Description

"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."
—Carol Shiffer, Assistant Principal and 504 Coordinator
Quincy Public Schools, MA

A concise legal desk reference to help educators protect the rights of individuals with disabilities!

The Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have greatly reduced discrimination based on race, gender, and disability. To act legally and responsibly, educators need to be aware of the requirements of these laws and how to meet them. This book offers an expert review of the rights and expectations of persons with disabilities.

Section 504 and the ADA provides educators with an in-depth analysis of these laws and offers recommendations for practice. Chapters cover:

  • Testing accommodations and educational access for students with disabilities
  • The rights of employees with disabilities
  • Legal considerations regarding parents and the general public
  • Background information on defenses, immunities, remedies, and the legal system

One of the few resources to focus specifically on the implications of Section 504 and the ADA for public K–12 schools, private schools, and postsecondary institutions, this essential guide helps educators ensure equity for all students.

Contents

Preface

Preface

Acknowledgments

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
  • 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 1

Appendix 2

Appendix 2

Index

Index

Additional materials

Description

"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."
—Carol Shiffer, Assistant Principal and 504 Coordinator
Quincy Public Schools, MA

A concise legal desk reference to help educators protect the rights of individuals with disabilities!

The Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have greatly reduced discrimination based on race, gender, and disability. To act legally and responsibly, educators need to be aware of the requirements of these laws and how to meet them. This book offers an expert review of the rights and expectations of persons with disabilities.

Section 504 and the ADA provides educators with an in-depth analysis of these laws and offers recommendations for practice. Chapters cover:

  • Testing accommodations and educational access for students with disabilities
  • The rights of employees with disabilities
  • Legal considerations regarding parents and the general public
  • Background information on defenses, immunities, remedies, and the legal system

One of the few resources to focus specifically on the implications of Section 504 and the ADA for public K–12 schools, private schools, and postsecondary institutions, this essential guide helps educators ensure equity for all students.

Contents

Preface

Preface

Acknowledgments

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
  • 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 1

Appendix 2

Appendix 2

Index

Index

Additional materials

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Section 504 and the ADA

Charles Russo , Allan G. Osborne
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August 2008 | 152 pages | Corwin

Format Published Date ISBN Price
Paperback 01/02/2026 9781412955096 $37.95
Hardcover 01/02/2026 9781412955089 $79.95
Lifetime 01/02/2026 9781452294650 $35.00

"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."
—Carol Shiffer, Assistant Principal and 504 Coordinator
Quincy Public Schools, MA

A concise legal desk reference to help educators protect the rights of individuals with disabilities!

The Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have greatly reduced discrimination based on race, gender, and disability. To act legally and responsibly, educators need to be aware of the requirements of these laws and how to meet them. This book offers an expert review of the rights and expectations of persons with disabilities.

Section 504 and the ADA provides educators with an in-depth analysis of these laws and offers recommendations for practice. Chapters cover:

  • Testing accommodations and educational access for students with disabilities
  • The rights of employees with disabilities
  • Legal considerations regarding parents and the general public
  • Background information on defenses, immunities, remedies, and the legal system

One of the few resources to focus specifically on the implications of Section 504 and the ADA for public K–12 schools, private schools, and postsecondary institutions, this essential guide helps educators ensure equity for all students.


Table Of Contents:

  • 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
  • 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

Recent Product Reviews:

“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.”
William E. Thro, Former General Counsel, Christopher Newport University
"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."
Carol Shiffer, Assistant Principal and 504 Coordinator, Quincy Public Schools, MA
"How do you protect the rights of every person who walks into your building? You do it by buying this book and keeping it on your desk as a ready reference manual on how to implement major laws.”
Robert J. Safransky, Adjunct Professor of School Law and American Government, Nova Southeastern University
"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."
Terrence Leas, President, Riverland Community College

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