NSBA Legal Clips
Archived entries for disability discrimination

OCR issues “Dear Colleague Letter” Stating Schools Should Ensure Disabled Students Have Access to Extracurricular Activities

The USA Today reports that the United States Department of Education’s Office for Civil Rights has sent a letter to school officials across the United States informing school districts that they must give disabled students equal access to extracurricular activities.

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Federal appellate court rules disabled student unilaterally enrolled in private school is not entitled to Section 504 services

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that a disabled student unilaterally placed in a private school is not entitled to special education services under Section 504.

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Iowa appellate court remands tree nut allergy case for further review

In a 2-1 split, the Iowa Court of Appeals has reversed the decision of a state trial court which held that a child’s tree nut allergy did not constitute a disability under the Iowa Civil Rights Act on grounds that the trial court’s analysis was incomplete.

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Federal appellate court vacates district court decision granting summary judgment in favor of Kentucky board in diabetic student’s discrimination suit

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has vacated a Kentucky federal district court’s decision granting summary judgment to a school board, but affirmed summary judgment in favor of the district’s superintendent, in a suit by a diabetic student claiming the board’s refusal to allow him to attend his neighborhood school violated Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fourteenth Amendment’s Due Process and Equal Protection Clauses.

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As enrollment drops, some school districts see higher proportion of special needs students

As reported by the Associated Press (AP) in The Washington Post, the high cost of educating students with special needs is disproportionately falling on traditional public schools as other students increasingly opt for alternatives that are not always readily open to those requiring special education.

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DOJ investigation charges Mississippi city with operating “school-to-prison pipeline”

The Associated Press reports in The Times-Picayune that the U.S. Department of Justice claims that the city of Meridian, Mississippi is operating a “school-to-prison pipeline” that incarcerates students for disciplinary infractions as minor as dress code violations with a policy that affects mostly black and disabled children.

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