RECENT CASES - SECTION 504 OF THE REHABILITATION ACT

1. RECENT CASES - SECTION 504 OF THE REHABILITATION ACT

2. Recent Cases • Paducah (KY) ISD, 32 IDELR 182 (OCR 1999) • Parent of a student with a behavior disorder claimed that district improperly suspended and expelled her son • Also complained that black males with disabilities were disproportionately disciplined in district

3. Recent Cases Cont. • District agreed to enter into resolution to address its failure to hold a MDR before suspending for more than 10 days • District agreed to train all staff concerning disciplining of students with disabilities

4. Recent Cases Cont. • North Beach (WA) School District Number 64, 32 IDELR 121 (OCR 1999) • Parent alleged that child had been improperly placed in time-out room on four occasions contrary to IEP • OCR determined that district did not discriminate against student due to disability • Use of time-out room was provided for in IEP

5. Recent Cases Cont. • LaFourche Parish (LA) Public Schools, 33 IDELR 69 (OCR 2000) • Parent alleged that district did not break down the student’s test and assignments into smaller increments • OCR concluded that the district had made testing and assignment accommodations in accordance with IEP

6. Recent Cases Cont. • Student was either to finish only selected portions or be given time to rest in between portions • Sample of test and assignments showed that teacher circled certain portions of them for the student to complete

7. Recent Cases Cont. • Birdville (TX) ISD, 33 IDELR 75 (OCR 2000) • Parents of a student with disability claimed that district discriminated against student by shortening school day • Parents alleged that students were picked up 30 minutes early • District agreed to provide compensatory education

8. Recent Cases Cont. • Dade County (FL) School District, 33 IDELR 108 (OCR 1999) • Parent of student with disability alleged that district denied student equal access to drivers ed training program • District agreed to contract services of an adaptive mobility company to provide drivers ed services to student at district expense

9. Recent Cases Cont. • Ramirez v. District of Columbia, 32 IDELR 87 (D.D.C. 2000) • Parents of 9 year old with cerebral palsy sued district under ADA and Section 504 claiming that school had failed to provide child with proper access to bathroom • Student could not maneuver wheelchair through doorway to restroom and either crawled on the floor or had to be carried

10. Recent Cases Cont. • District court ruled that district failed to provide child with proper access and that carrying student was an ineffective and unacceptable method of providing access • Court held that district was required to comply with minimal architectural standards and determined that it had failed to do so

11. Recent Cases Cont. • Fort Bend (Tx) ISD, 42 IDELR 151 (OCR 2004) • FBISD was not in full compliance with Section 504 and ADA because it violated accessibility and signage provisions of the law • It had blocked designated disabled parking spaces in the school’s parking lot and violated accessibility standards by holding a rear entrance door open with a block of wood

12. Recent Cases Cont. • Wythe County (VA) Pub. Schs., 42 IDELR 125 (OCR 2004) • Ruling requiring a student with autism to take and pass a statewide assessment examination in order to receive a standard HS diploma was not a violation of 504. • OCR concluded he was given an opportunity to learn the material and skills required for the assessment and also provided him with accommodations during assessment

13. Recent Cases Cont. • What it means – 504 does not prevent education agencies from establishing general diploma and graduation requirements that are applicable to students with disabilities and nondisabled students

14. Recent Cases Cont. • Euclid (OH) City Scho Dist., 42 IDELR 67 (OCR 2004) • OCR determined there was insufficient evidence a district gave a failing grade to a 6th grade student diagnosed with an emotional disturbance in retaliation for her parent’s refusal to agree to her special education placement

15. Recent Cases Cont. • The student’s receipt of a failing grade was based on legitimate, nondiscriminatory reasons • OCR found the student failed to completely turn in a project that comprised 2/3 of her final grade. The portions she did turn in were late and received only half credit. OCR determined that the parent was aware of the project and the student’s failure to complete several portions of it. • Moreover, OCR discovered other students who failed to turn the project in on time also received half-credit

16. Recent Cases Cont. • Westonka (MN) Publ. Schs. 42 IDELR 41 (OCR 2004) • A district did not discriminate against a high school student with ADHD when it cut him from his high school’s hockey team tryouts • During hockey team tryouts, the student received a citation from the police for possessing an alcoholic beverage. He was then cut from the team.

17. Recent Cases Cont. • Student’s parents claimed his disability caused him to use alcohol and asked the district to modify its disciplinary rules and allow him on the team. After the district refused, the parents contended the district discriminated against the student based on his disability • OCR found there was insufficient evidence that the district discriminated against the student and determined the parents’ request for leniency was really a request to modify the eligibility criteria for the team, and not a disciplinary modification

18. Recent Cases Cont. • OCR concluded the student’s performance and attitude during tryouts were below that of the other students who made the team

19. RECENT CASES - SECTION 504 OF THE REHABILITATION ACT