Section 504 Court Cases

Court held that 504 did not compel college to undertake affirmative action that would dispense with need for effective oral communication in the college s nursing program so that student with a bilateral sensory neural hearing loss could be included in that program.

Section 504 court cases. The new law ensures that impairments are to be considered in their unmitigated state and widens the definition of major life activities set forth in the statute s coverage provision. The general consensus among courts is that the cause of action in idea does not allow claims for compensatory damages but section 504 and title ii allow for compensatory damages in proper cases. First supreme court 504 case.

Parents seeking compensatory damages against a school district under this law must assert facts in their complaint sufficient to prove all elements required by section 504. Napolean community schools 2017 the court clarifies the definition of disabled under the americans with disabilities act ada and allows students to bring lawsuits directly under the americans with disabilities act ada and section 504 of the rehabilitation act of 1973 section 504 without requesting an administrative hearing under the individuals with disabilities education act idea when their claim is not related to the adequacy of their education. In this case a student with significantly impaired motor skills and mobility used a prescribed service dog to assist with her everyday activities and balance.

The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title i of the americans with disabilities act of 1990 42 u s c. On june 28 2016 the u. The ada amendments act pub.

Both parties settled out of court in 2013 with uc berkeley agreeing to make their library collection accessibility to students with print disabilities. This case examines whether students and their families must exhaust all remedies under idea an educational law before seeking recourse under the americans with disabilities act ada and the rehabilitation act section 504 civil rights laws. 12111 et seq and the provisions of sections 501 through 504 and 510 of the americans with.

Section 504 of the rehabilitation act of 1973 is a federal law protecting the disabled from unfair discrimination by a federally funded entity. Supreme court granted certiorari in fry v. The court will hear the case during their next term.

After the parents sued for damages under section 504 and the adaa a federal appeals court held that the parents claim was barred because they failed to exhaust their administrative remedies under the idea. Section 504 and the ada remain underdeveloped as avenues of judicial relief in ordinary special education cases that do not demand compensatory damages. The case specifically addressed whether idea s exhaustion requirement barred claims for injunctive and monetary relief under title ii and section 504 based on allegations that a school district denied a disabled child the right to bring a service dog to school.