Educational Rights of Students with Disabilities

Ken Chackes, Thomas E. Kennedy, III, Heather B. Navarro

November 22, 2011

IDEA, 20 U.S.C. 1400

Regulations

Section 504 of the Rehabilitation Act

ADA

Sources of Law

 OverviewFindingsPurpose

IDEA 20 USC §1400 et seq. (2004)

IDEA – Impairment that requires special education and related services

Special Education is defined as specially designed instruction to meet the unique needs of a child.

If a child with a disability does not need special education – he/she is not covered by IDEA and is not eligible for services under IDEA.

504/ADA – Any disability – physical or mental impairment that affects major life activity -- TO BE COVERED BY 504 STUDENT DOES NOT HAVE TO NEED SPECIAL EDUCATION

Who is covered

Substantive Legal Requirements

FAPE – Free Appropriate Public Education

LRE – Least Restrictive Environment

IDEA

Legal requirements – 504 & ADA

Section 504

"No otherwise qualified individual with a disability in the United States . . . shall,

solely by reason of his or her disability, be excluded from

the participation in, be denied the benefits of, or be

subjected to discrimination under any program or activity

receiving Federal financial assistance . . . ." 29 U.S.C.

§794(a).

ADA

"Subject to the provisions of this title, no qualified

individual with a disability shall, by reason of such

disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a

public entity, or be subjected to discrimination

by any such entity."

Section 504 & ADA

1. Non-discrimination2. FAPE3. LRE

Substantive legal requirements

Child Find Evaluation IEP Placement Notice Hearing

◦ Resolution◦ Mediation◦ Due process◦ Court

Procedural Requirements

Student with ADHD in RTI (Response to Intervention)

Analyze the claims of the parent and defenses of the school district.  What should the hearing officer order?

Assume this case is typical of hundreds of other cases in the same school district.  Assume that the school district is overwhelmingly African American.  What should an educational advocate do?  What should the State do?

Problem # 1

Student with severe disabilities placed in state operated school.

As the parent’s attorney, what do you advise the parent?

As the school district’s attorney, what arguments do you make to defend the district?

As the head of the Department of Elementary and Secondary Education what questions and concerns do you have regarding the operation of the SSSD system?

As an attorney/advocate for people with disabilities what do you do?

Problem #2

Child who needs year round schooling.

Questions: How should policymakers at state and local

levels address this issue?

What legal claims and defenses apply?

Problem # 3a

Child with autism who needs intensive services.

How should educational policymakers at state and local levels address this issue?

What legal claims and defenses apply?

Problem #3b

Special needs children in Foster Care

What are the options available to the foster parent?

What should a DFS administrator do?  What should the school do?

Problem #4

Ken ChackesChackes, Carlson & Halquist, LLP230 S. Bemiston Ave., Suite 800St. Louis, MO  63105P: 314.872.8420www.cch-law.com

Thomas E. Kennedy, IIIHeather B. NavarroLaw Offices of Thomas E. Kennedy, III, L.C.230 S. Bemiston Ave., Suite 800St. Louis, MO 63105 P: 314.872.9041 www.tkennedylaw.com

Questions