From Jim Comstock-Galagan
The recent amendments to Section 504 and the ADAA greatly expanded coverage under Section 504/ADA. The ADA Amendments Act, Public Law No. 110–325 (2008), overturned Supreme Court precedent that narrowed coverage under the ADA and Section 504.
The reauthorized law provided that impairments should be considered in their unmitigated state and widened the definition of major life activities set out in the statute’s coverage provision.
There are ways to use Section 504 and the Americans with Disabilities Amendments Act of 2008 (ADAAA). Read A New Look at Section 504 and the ADA in Special Education Cases by Mark C. Weber.
In that article, Professor Weber wrote,
“School districts seem increasingly eager to decide that children are not eligible for services under the Individuals with Disabilities Education Act (IDEA) …and courts frequently uphold these decisions…”
“If eligibility under IDEA continues to be cut back, parents of children with disabilities are likely to bring more claims for services under section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. § 794 (2011), and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12131–50 (2011).
“Section 504 forbids disability discrimination by federal grantees, including local school districts; Title II forbids disability discrimination by state and local governments, again including school districts. The regulations promulgated to enforce section 504 require that all children with disabilities, as defined by section 504 and the ADA, be provided with free, appropriate public education as interpreted by the section 504 regulations. (34 C.F.R. § 104.33(a)). That entitlement does not hinge on IDEA eligibility.”
Jim notes that historically, Section 504 has been used to supplement IDEA for compensatory damages, but there has been very little litigation under Section 504 in other areas. [Read more →]
Tags: ADAAA · Jim Comstock-Galagan · Restraint · seclusion and restraints · Section 504