Section 504 and the ADA / Edition 1

by Charles Russo, Allan G. Osborne

Overview

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.

Product Details

ISBN-13:	9781412955096
Publisher:	SAGE Publications
Publication date:	08/28/2008
Edition description:	New Edition
Pages:	152
Product dimensions:	6.90(w) x 9.90(h) x 0.40(d)

About the Author

Charles J. Russo, JD, Ed D, is the Joseph Panzer Chair in Education in the School of Education and Allied Professions and adjunct professor in the School of Law at the University of Dayton. He was the 1998–1999 president of the Education Law Association and 2002 recipient of its Mc Ghehey (Achievement) Award. He has authored or coauthored more than 200 articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of 800 publications. Russo also speaks extensively on issues in education law in the United States and abroad.

Along with having spoken in 33 states and 25 nations on 6 continents, Russo has taught summer courses in England, Spain, and Thailand; he also has served as a visiting professor at Queensland University of Technology in Brisbane and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom Campus of North-West University in Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; and the University of São Paulo, Brazil. He regularly serves as a visiting professor at the Potchefstroom Campus of North-West University.

Before joining the faculty at the University of Dayton as professor and chair of the Department of Educational Administration in July 1996, Russo taught at the University of Kentucky in Lexington from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for 8½ years before and after graduation from law school. He received a BA (classical civilization) in 1972, a JD in 1983, and an Ed D (educational administration and supervision) in 1989 from St. John’s University in New York City. He also received a master of divinity degree from the Seminary of the Immaculate Conception in Huntington, New York, in 1978, as well as a Ph D Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law.

Allan G. Osborne, Jr. is the retired principal of the Snug Harbor Community School in Quincy, Massachusetts, a nationally recognized Blue Ribbon School of Excellence. During his 34 years in public education, he served as a special education teacher, a director of special education, an assistant principal, and a principal. He has also served as an adjunct professor of special education and education law at several colleges, including Bridgewater State University and American International University.

Osborne earned an Ed D in educational leadership from Boston College and an MEd in special education from Fitchburg State College (now Fitchburg State University) in Massachusetts. He received a BA in psychology from the University of Massachusetts.

Osborne has authored or coauthored numerous peer-reviewed journal articles, book chapters, monographs, and textbooks on legal issues in education, along with textbooks on other aspects of education. Although he writes and presents in several areas of educational law, he specializes in legal and policy issues in special education. He is the coauthor, with Charles J. Russo, of five texts published by Corwin, a SAGE company.

A past president of the Education Law Association (ELA), Osborne has been an attendee and presenter at most ELA conferences since 1991. He has also written a chapter now titled "Students With Disabilities" for the Yearbook of Education Law, published by ELA, since 1990. He is on the editorial advisory committee of West’s Education Law Reporter and is coeditor of the "Education Law Into Practice" section of that journal, which is sponsored by ELA. He is also on the editorial boards of several other education journals.

In recognition of his contributions to the field of education law, Osborne was presented with the Mc Ghehey Award by ELA in 2008, the highest award given by the organization. He is also the recipient of the City of Quincy Human Rights Award, the Financial Executives Institute of Massachusetts Principals Award, the Junior Achievement of Massachusetts Principals Award, and several community service awards.

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
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

Editorial Reviews

"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

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

"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 thattheir actions are consistent with the law, treating students and employees fairly and minimizing potential liability."

Terrence Leas

"How do you protect the rights of every person who walks into your building? You do it by buying this bookand keeping it on your desk as a ready reference manual on how to implement major laws.

Robert J. Safransky