In a unanimous decision this week, the United States Supreme Court overturned a higher standard to be applied in the educational context of a need to show bad faith or gross misjudgment by school personnel in order to support a claim for compensatory damages under the Rehabilitation Act of 1973 and the ADA. What does this decision mean for your school? The Supreme Court held that, in the … [Read more...] about SCOTUS Decision Makes It Easier for Parents to Support Claim for Compensatory Damages Under the ADA and Section 504
Section 504
Three New Federal Cases Impact Special Education Evaluation Procedures
Three recent federal cases have given new meaning to the procedure in which Hearing Officers and Courts must evaluate Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and American with Disabilities Act (ADA) claims. On June 4, 2024, the Third Circuit addressed this issue with two cases: B.S.M. v. Upper Darby School District and Le … [Read more...] about Three New Federal Cases Impact Special Education Evaluation Procedures
Significant Third Circuit Victory Secured for Children With Disabilities
In a recent decision, B.S.M. v. Upper Darby School District, the Third Circuit ruled that the rights of children with disabilities under Section 504 of the Rehabilitation Act of 1973 are distinct from their rights under the Individuals with Disabilities Education Act (IDEA). A school’s Child Find obligations may require evaluation under Section 504 even if a student was evaluated and … [Read more...] about Significant Third Circuit Victory Secured for Children With Disabilities
Walking The Tightrope: Student Discipline Under Section 504
The Office for Civil Rights has just issued guidance as to how Section 504 of the Rehabilitation Act of 1973 applies to the use of student discipline. Its focus is the balancing that schools must do when considering providing for a student’s disability-based behaviors on the one hand, and maintaining an appropriate and safe learning environment for all students on the other. Section 504 is a civil … [Read more...] about Walking The Tightrope: Student Discipline Under Section 504
The Mask Mandate: The Rest of the Story
On August 31, 2021, Governor Wolf announced the Order of the Acting Secretary of the Pennsylvania Department of Health mandating face coverings within K-12 public and private schools and childcare facilities, effective September 7, 2021. But what happens when a student has a medical condition or disability that prevents them from using face coverings? The Order provides for eight “Exceptions to … [Read more...] about The Mask Mandate: The Rest of the Story
OSEP and OCR Release Guidance for Special Education During COVID
On September, 28, 2020, The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) and the United State Department of Education Office for Civil Rights (OCR) each released Q & A documents addressing the implementation of special education services and accommodations under Section 504 during the ongoing COVID-19 environment. These documents do not … [Read more...] about OSEP and OCR Release Guidance for Special Education During COVID
