Posts in Special Education/504.
08.01.2017

As schools reopen for the new year, many students will arrive with smartphones in their pockets or backpacks, loaded with apps that can create headaches for parents, teachers, and administrators. Some apps, by design, allow kids to hide images and data, and even the existence of the apps themselves. Many apps cost nothing and require no age verification (or verification via a simple check mark). Depending on ...

04.26.2017

In the past, the IDEA’s exhaustion requirement has been applied in various parts of the United States to routinely bar lawsuits for injunctive relieve and/or money damages against school districts and their employees for violations of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the Americans with Disabilities Act (“ADA”), when administrative due process procedures were ...

03.03.2017

An individual has a disability under the Title II of the ADA (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”) if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.  (28 C.F.R. Part 35.108(a)(1))  Local educational agencies (“LEA”) must ...

12.18.2015

On December 14, 2015, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) released a “final interim rule” for registering unmanned aircraft systems (UAS), or drones, just in time for the holiday season.  (Note: Although the new rule goes into effect on December 21, 2015, the FAA has also created a second “notice and comment” period, and claims it may modify the interim ...

Tags: Drones
05.26.2015

A case out of the Ninth Circuit Court of Appeals, C.W. v. Capistrano Unified School District, was decided on March 2, 2015 and involved the review of a district court’s award of attorney’s fees to a California school district upon a finding that the claims therein were frivolous, unreasonable, and without foundation.

The IDEA provides prevailing plaintiff families the opportunity to seek attorney’s ...

Tags: ADA, Fees, IDEA
12.01.2014

Section 504 of the Rehabilitation Act of 1973 (“Section 504”), through its implementing regulations in Subpart D, requires that students with disabilities have the opportunity to equally participate in extracurricular activities, including afterschool sports and interscholastic programs. The Section 504 regulations specifically outline a school district’s obligation to provide ...

11.21.2014

School districts (and county offices of education and charter schools) can be liable for failing to address the bullying or harassment of a student with a disability.  Are you properly addressing and responding to complaints of bullying and harassment?

 

Bullying is defined as aggression used within a relationship where the aggressor has more or real perceived power than the target, and the aggression is ...

09.02.2014

Assessments are one of the primary vehicles by which IEP teams better understand the unique educational needs of special education students.  There are times, however, when a school district’s efforts are frustrated before testing even begins.  Luckily, two recent cases, one decided before the California Office of Administrative Hearing (OAH) and a second decided by OAH then the United States District ...

08.06.2014

The California Education Code establishes the length of minimum school days for students based on grade levels. The minimum school day for students grades four through twelve is two-hundred and forty (240) minutes or four hours per school day.  Whereas, the minimum school day for grades one through three is two-hundred and thirty (230) minutes or three hours and fifty minutes per school day.  (Ed. Code §§ ...

06.11.2014

Whether or not door-to-door transportation is needed for a student with disabilities is an IEP team-based decision. To determine whether this type of transportation is required under the IDEA, courts have considered factors including the student’s needs, age, the nature of the student’s disability, the condition of the route to be traveled to the bus stop, the availability of public assistance when ...

Other AALRR Blogs

Recent Posts

Popular Categories

Contributors

Archives

Back to Page