NSBA Legal Clips
Archived entries for section 504

Federal appellate court rules disabled student failed to state a claim for peer sexual harassment under § 504, has valid claim under § 504 for district’s refusal to make reasonable safety accommodations to IEP

The Fifth Circuit Court of Appeals has ruled that a disabled student stated a valid §504 claim that the school district committed gross misjudgment in failing to modify her IEP to safeguard her after three incidents of alleged sexual abuse by students, but failed to state a claim against the district for liability based on student-on-student sexual harassment.

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Federal appeals court rules parents of diabetic student stated valid claim of retaliation under disability laws based on principal’s child abuse report of parents after they requested accommodations

A U.S. Court of Appeals for the Sixth Circuit (MI, OH, KY, TN) three-judge panel has ruled that the parents of a diabetic student have stated a valid claim for retaliation under the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation ACT (§ 504 ) based on the school’s principal reporting the parents for suspected medical abuse after the parents requested certain disability accommodations for the student.

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New Jersey court finds no violation of state anti-discrimination law in district’s assignment of special education students to one school

A Bergen County Superior Court has ruled that a school district had not failed to provide disabled students receiving special education services with reasonable accommodations in violation of the New Jersey Law Against Discrimination when the district assigned those students to one school, rather than assigning each to their neighborhood school.

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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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Parents sue Pennsylvania district for failure to identify and evaluate student for disabilities

According to a report on timesonline.com, the Big Beaver Falls Area School District is the target of a proposed class action suit by the parents of a special needs student, who claims the district failed to identify and evaluate him for disabilities.

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Sua Sponte: NSBA urges Eleventh Circuit to preserve the high deliberate indifference standard in disability-based harassment cases

On November 28, 2012, NSBA, along with three other education organizations, filed an amici curiae brief in Long v. Murray County School District, now before the Eleventh Circuit, to assist the appellate court in its review of the decision by the U.S. District Court for the Northern District of Georgia, as to whether it “correctly concluded, relying on Davis v. Monroe Cnty. Bd. of Educ., that [the parents of a special education student] had not presented evidence of ‘deliberate indifference’ required to establish a peer-on-peer harassment claim” under Section 504 or the ADA.

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Pennsylvania district sued by student with nut allergy for disability harassment

The Pittsburgh Post-Gazette reports that a suit has been filed on behalf a student, identified as T.F., alleging that the Fox Chapel Area School District violated the federal Rehabilitation Act, resulting in “disability-based harassment”, by failing to adequately address T.F.’s severe allergy to tree nuts, and subjected him to ridicule by seating him alone in the cafeteria.

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Pennsylvania district sued for failure to provide adequate home schooling to allow student to graduate on time

According to TribLive News, an Allderdice High School student and her parents claim in a federal lawsuit that she could not graduate with her classmates in 2010 because Pittsburgh school officials did not provide her with adequate home schooling while she was ill.

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Federal appellate court hears arguments in Maryland student disability case

On October 25, 2012, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit heard oral arguments in D.L. v. Board of School Commissioners of Baltimore City, No. 11-2041. The question before the three-judge panel is whether a disabled student, who was unilaterally placed in a private school, is entitled to special education services under Section 504 at a public school district’s expense.

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