A New Look at Section 504 and the ADA in Special Education Cases

29 Pages Posted: 9 Jul 2010 Last revised: 2 Apr 2011

Mark C. Weber

DePaul University College of Law

Date Written: July 8, 2010

Abstract

School districts are finding fewer children eligible for services under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has expanded the number of children who are protected by section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). These developments present the largely unexplored question of what obligations school districts owe children who have disabilities and are protected under section 504 and the ADA, but who are not eligible for services under IDEA. This article concludes that these children must be provided an education that meets their needs as adequately as the needs of children without disabilities are met in the same school district. This level of services may be higher or lower than the level of services required by IDEA. Other educational obligations apply, as do procedural protections and rights in the student disciplinary process. In general, exhaustion defenses should not apply, and a wide range of remedies should be available.

Keywords: Education, Special Education, Disability, Discrimination, Section 504, ADA, Civil Rights

JEL Classification: I28, J78, K39, K41

Suggested Citation

Weber, Mark C., A New Look at Section 504 and the ADA in Special Education Cases (July 8, 2010). Texas Journal on Civil Liberties and Civil Rights, Vol. 16, p. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1636483

Mark C. Weber (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
312-362-8808 (Phone)
312-362-5448 (Fax)

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