Section 504 and the ADA » (New Edition)

Charles J. Russo 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. The 1998-1999 President of the Education Law Association and 2002 winner of its McGhehey (Lifetime Achievement) Award, he is the author or coauthor of more that 170 articles in peer-reviewed journals and the author, coauthor, editor, or coeditor of 26 books. He has been the editor of the Yearbook of Education Law for the Education Law Association since 1995 and has written or coauthored in excess of 600 publications. In addition to serving on a variety of editorial boards, he speaks and teaches extensively on issues in education law in the United States and throughout the world, having spoken in more than 20 countries. In recognition of his work on school law, Russo recieved an honorary PhD from Potchefstroom University (now the Potchefstroom Campus of North-West University) in Pochefstroom, South Africa, in May of 2004.

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.

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-PublicSchools
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