Section 504 Analysis

776 Words4 Pages

Three laws that have shaped and resolved the rights and services available to the students with disabilities will be discussed in this section.Section 504 of Rehabilitation Act of 1973, the Individuals with Disabilities Act( IDEA )and The Americans Disabilities Act( ADA). The IDEA is the major federal statute providing educational rights to students with disabilities. Even so, two other statutes, Section 504 of the rehabilitation Act and ADA which was modified recently (ADA,2006,2008), also have implication for the disciplinary process when it involves students with disabilities ( Russo & Osborne, 2009).
Section 504 of the Rehabilitation Act is the first federal civil rights law protecting the rights of persons with disabilities. It mandates …show more content…

Section 504 is applied if a student's condition does not meet the criteria specified under IDEA but meets the criteria specified under this law ( Colarusso & O’Rourke, 1999).
The American with Disabilities Act (ADA), signed into law 1990 and amended in 2008, broadens the scope of section 504 into the private sector. The ADA’s impact on students is most noteworthy in the area of reasonable accommodations in academic program (Russo & Osborne, 2009). The schools that in full compliance with section 504 should not have any issues to abide with the requirements of the ADA.
IDEA, initially enacted in 1977, was an update to the Education for all Handicapped children Act of 1975 modifying its terminology; expanding its age from birth to 21 and adding two new categories of disability; autism and traumatic brain injury as along with transitional services to make sure the advancement to post-school activities. …show more content…

As school administrators encountered many issues in balancing between providing safe school environment and meeting the requirements of the new law, Many case laws had been established by the judicial decisions in particular cases such as Goss v. Lopez (1975), Stuart v. Nappi (1978), Doe v. Koger (1979), Jackson v. Franklin County School Board (1985), Honig v. Doe (1988) which clarified many discipline questions pertaining to special education. In 1997 Congress passed thorough amendment to the IDEA and embeded detailed statutes to address disciplinary issues of students with

Open Document