The Special Ed Advocate Newsletter
August 28, 2002

Issue - 176

ISSN: 1538-3202

In this Issue

Section 504 Accommodations & After School Programs

Judge Orders Day Care Center to Re-admit Child, Train Staff


Section 504, ADA, Discrimination & Damages

Free Pubs: IDEA, Reading, Paraprofessionals

From Emotions to Advocacy Cruise II

Subscription & Contact Info

Your Email:

Your Name & Zipcode:

At Wrightslaw, our goals are to help you gain the information and skills you need to navigate the confusing world of special education. In this issue, we look at Section 504 & ADA accommodations for children in after-school programs and day care centers.

Highlights: Section 504 accommodations in after-school programs; judge orders day care center to re-admit child with autism, train staff; high marks for EducationNews.org; learn about Section 504, ADA, damages; free pubs about IDEA, reading, paraprofessionals; From Emotions to Advocacy Cruise II; info about advocacy training programs.

Download the online version of this newsletter: www.wrightslaw.com/advoc/nwltr/2002/nl.0828.htm

The Special Ed Advocate newsletter is free - please forward this issue or the subscription link to your friends and colleagues so they can learn about special education law and advocacy too. We appreciate your help!


1. Section 504: Accommodations & After School Programs by Robert Crabtree, Esq.

"My 8-year-old son has been kicked out of an after-school program run by a non-profit agency in his elementary school building. He has ADD and behavioral problems and is on an IEP during his school day. The director of the program said, "He has an oddness and intensity about him that frightens the other children." Don't they have to try to include him?"

What do you think? Are after-school programs required to accommodate children with disabilities?

Parent attorney Bob Crabtree answers this question and discusses the responsibilities of private programs in providing services to children with disabilities in Section 504: Accommodations & After School Programs at:


2. Federal Judge Orders Day Care Center to Re-Admit Child, Train Staff

As a new school year begins, many parents find that some day care centers are unwilling to accept children with disabilities. What protections do laws provide to parents and their children?

In January, 2001, the doors to day care centers
opened wider for children with disabilities who had been excluded from these centers.

Jordan Burriola, a young child with autism, was abruptly terminated from his day care center. In Jordan Burriola v. Greater Toledo YMCA,the Court issued an injunction against the YMCA, ordering the YMCA to reinstate Jordan and train staff to work with him.

As you read the documents in this case, you will see how Jordan's attorney Tom Zraik approached the case.

Meet Jordan's attorney, get documents in this case at:


Why This Case is Important: Analysis by Thomas J. Zraik, Esq. (pdf)


Order in pdf




Motion for a Preliminary Injunction and Memorandum


More Info About Day Care Centers & the ADA

U. S. Department of Justice, Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act.

13-page publication explains how ADA requirements apply to Child Care Centers; describes ongoing enforcement efforts in child care by Department of Justice; provides resource list of information about the ADA.


3. EducationNews.org - Subscribe!

Are you interested in education and special education? We encourage you to subscribe to
EducationNews at http://www.educationnews.org/

In today's issue of EducationNews, you learn about the college board bombshell, Texas spending on education and prisons, school reform in Chicago, what happened to 3.5 million students who attend failing schools, Georgia's SAT rank, and much more.

You can submit comments on a proposed special education bill (S. 2883) that aims to increase parental choice and funding of IDEA.

EducationNews.org is a remarkable resource!

EducationNews.org provides links to education news around the world. Nationally recognized experts provide commentaries on various aspects of education. EducationNews.org staff writers cover the latest education issues and bring you a thorough, complete analysis of events, policies, and situations which affect education today.

Daily News: http://www.educationnews.org/daily_educationnews.htm

Subscribe: mailto:educationnews-subscribe@yahoogroups.com

Please help others learn about special education law and advocacy. Download and distribute our Free Newsletters Flyer (2 pages, pdf):


4. Section 504, ADA, Discrimination & Damages

Section 504 of the Rehabiliation Act prohibits discrimination on the basis of disability. In cases brought on behalf of children with disabilities, several courts of appeals have ruled that parents must first exhaust their administrative remedies under the IDEA before they can bring a damages case under Section 504 and/or the Americans with Disabilities Act (ADA).

Learn more about Section 504, ADA and Discrimination at:


Read articles and cases about damages at:


5. Free Pubs: IDEA, Reading, & Paraprofessionals

obstacle in advocating for children with disabilities is finding time to do research. We spend hours collecting information so you can spend your time learning, not searching.

When you visit our Free Pubs Library at https://www.wrightslaw.com/links/free_pubs.htm

you can download free publications about IEPs, special education, reading, transition, discipline, bullying and harassment, high-stakes testing, retention and social promotion, teacher training, and more.

National Education Association, The New IDEA Survival Guide at http://home.nea.org/books/idea/

Written to help teachers understand their responsibilities under the IDEA - parents will learn from this publication too! Information is divided into five sections: each section includes scenarios followed by what the IDEA says and a discussion of myths and reality.
1. Developing IEPs
2. Managing Paperwork
3. Dealing with Discipline
4. Training Teachers and Support Staff
5. Communicating with Parent

American Federation of Teachers, Teaching Reading is Rocket Science: What Expert Teachers Should Know and Be Able to Do by Louisa Moats (1999). (36 pages, pdf)

"Reading is the fundamental skill upon which all formal instruction depends. Research shows that a child who doesn't learn the reading basics early is unlikely to learn them at all. Any child who doesn't learn to read early and well will not easily master other skills and knowledge and is unlikely to ever flourish in school or in life."


Northwest Regional Educational Library, Working Together for Successful Paraeducator Services: A Guide for Paraeducators, Teachers and Principals (2002).

Over the last decade, the number of paraeducators has increased, along with concerns about preparation, training and instructional roles of paraeducators. Clearly defined standards about roles, supervision and preparation are uncommon. This booklet describes what teachers, principals, and paraeducators can do to increase paraeducator effectiveness. Download in pdf


6. From Emotions to Advocacy Cruise II - January 15-20, 2003

Do you want to learn more about special education advocacy? Do you think you'll need a break from the winter doldrums in January?

Join Pete and Pam Wright on the From Emotions to Advocacy Cruise II - A Very Special Cruise Seminar and Fund-Raiser for Special Education.


On Wednesday, January 15, 2003 (the day before sailing), Pete and Pam Wright will teach an advocacy training program at the Radisson Resort Hotel in Port Canaveral.

On Thursday, participants will board Carnival Cruise Lines' "Fantasy" for a three-day cruise to the Bahamas. The ship will leave Port Canaveral, Florida on Thursday, January 16 and return on Sunday, January 20, 2003.

For more information, visit the FETA II Cruise Page at:


What can you expect on the From Emotions to Advocacy Cruise? Read The Inside Story of the 2002 FETA Cruise.


Wrightslaw Seminars & Training Programs

For information about programs scheduled during the next few months, please check our Seminars & Training page at https://www.wrightslaw.com/speak/index.htm

If you are interested in learning how to get Pete & Pam Wright to your community, please read our FAQs about Seminars


7. Subscription & Contact Info

The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, tactics and strategy, and Internet resources. Subscribers receive announcements and "alerts" about new cases, events, and special offers on Wrightslaw books. 

Subscribe: https://www.wrightslaw.com/subscribe.htm

Back issues: https://www.wrightslaw.com/archives.htm

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Wrightslaw & The Special Ed Advocate
ISSN: 1538-3202
Pete and Pam Wright
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