9th Circuit Rules Teacher Complaining to OCR of Student Rights Violations is Protected from Retaliation

     In Susan Barker v Riverside County Office of Education, (9th Cir., 10/23/09) the 9th Circuit Court of Appeals has ruled that a teacher, despite not having a disability herself, can sue under Section 504 and the ADA  for the retaliation she suffered after she filed a complaint with the Office for Civil Rights alleging her employer [...]

GAO Report: Education Needs Coordinated Approach in Supporting Students with Disabilities in Higher Education

     The Government Accounting Office (GAO) issued a report on October 28th of its examination of services for students with disabilities in postsecondary education. The GAO noted that more students with disabilities were pursuing higher education than in the past and that recent legislative changes had the potential to increase the number and diversity of students [...]

The ADA/504 and Assistance in Toileting in Public Before School and After School Programs

     I received a great question and comment to my post from last May Toileting Assistance in Child Care and the ADA . That post discussed the requirements under Title III of the ADA to provide toileting assistance to children with disabilities in privately operated day care programs. Yesterday a reader asked whether similar rules apply to public preschool [...]

Parent Centers: A resource for training and assistance for families of children with disabilities

 
          It’s back-to-school time and this posting provides information on federally funded Parent Centers that provide training and assistance to families of children with disabilities. My thanks to my long time friend Barbara Buswell, the Director of Colorado’s PEAK Parent Center, for providing this information regarding services provided by Parent Centers in general and the PEAK [...]

Supreme Court Nominee Judge Sonia Sotomayor and Disability Law

 
           The Bazelon Center for Mental Health Law has provided a valuable service by producing a Preliminary Review of Disability Cases of Judge Sonia Sotomayor. That review provides a fairly in depth analysis of Judge Sotomayor’s decisions in disability cases. The review identifies twenty eight cases involving disability law and, if you’re just keeping score, [...]

The ADA and Child Care

           In my last post I discussed Title III of the Americans with Disabilities Act in the context of Justice Department Sues Private School Chain for Discriminating Against Children with Disabilities. This provides additional information regarding the ADA and child care.
          Title III of the ADA covers privately-run child care centers, just as it covers other [...]

OCR Updates Information Regarding 504 and the Rights of Students with Disabilities to Include Changes under the ADA Amendments Act

     Last fall the Americans with Disabilities Amendments Act was passed and signed into law (please see my post President Signs ADA Amendments Act of 2008). The ADA Amendments Act broadened the definition of disability under the ADA and Section 504. In particular it prohibited the consideration of mitigating measures when determining whether an impairment substantially [...]

NDRN Releases Shocking Report on Seclusion and Restraint in U.S. Schools

     Today, the National Disability Rights Network (NDRN)  issued School is Not Supposed to Hurt, a disturbing national report on seclusion and restraint in U.S. schools. According to the press release : “The report shows an unsettling use of seclusion and restraint tactics, which resulted in physical and emotional injuries as well as deaths, in [...]

Section 504 and Providing Health Related Services to Students with Disabilities

     In my last post I discussed a California court decision that overturned  guidance issued by the California Department of Education directing  California schools to allow trained lay people to administer insulin to students with diabetes. The court ruled that under California law only nurses could administer insulin. I noted that Section 504 and the Americans with Disabilities [...]

Court Overturns California Department of Education Advisory that Trained Non-medical Personnel Can Administer Insulin to Children with Diabetes

     In August of 2007 the American Diabetes Association (ADA) and the California Department of Education (CDE) entered into an agreement that ensured that students with diabetes had access to insulin in school by allowing trained non-medical personnel to administer insulin. The agreement was made to settle a lawsuit alleging that students with diabetes in California were not [...]