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White Paper

18 Pages
  • 18 Pages

Disability Discrimination and Section 504, IDEA and the ADA

 

What have the courts been finding regarding school liability under disability statutes?

Over the past 20 years, the federal courts have decided that students with disabilities and their families have a private cause of action for the violation of Section 504, Title II of the Americans with Disabilities Act and, in extraordinary cases, of the IDEA. This potential liability is a major risk management issue for schools subject to these statutes and warrants their careful consideration. This white paper discusses the potential liability under these statutes and provides strategies to avoid it.

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Disability Discrimination and Section 504, IDEA and the ADA

Agenda

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Disability Discrimination and Section 504, IDEA and the ADA

Faculty

James P. Evans

James P. Evans

Barclay Damon, LLP

  • Partner with Barclay Damon, LLP
  • More than 25 years’ experience representing educational institutions, including K-12 and post-secondary institutions, in all facets of education law
  • Represents numerous educational institutions, including private schools, charter schools and public school districts concerning all facets of education law, including student privacy
  • Advises not-for-profit corporations regarding compliance issues and matters pertaining to education rights
  • Has obtained significant experience representing parents, students and educational institutions regarding all facets of education law, including federal and state law compliance
  • Adjunct professor of education at Le Moyne College, where he has constructed and taught a master's level course in education law for school administrators over the past nine years
  • Frequent speaker and lecturer regarding school law education law and related matters
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Disability Discrimination and Section 504, IDEA and the ADA

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