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Questions and Answers
Questions and Answers
The reasonable accommodation requirement under both the ADA and Section 504 may mandate that services & special programming be provided.
The reasonable accommodation requirement under both the ADA and Section 504 may mandate that services & special programming be provided.
True (A)
In 2008, Congress amended the definition of disability for both the ADA and the Rehabilitation Act.
In 2008, Congress amended the definition of disability for both the ADA and the Rehabilitation Act.
True (A)
A student who does not qualify for special education under the IDEA may seek some services or rights under other statutes such as the ADA or Section 504.
A student who does not qualify for special education under the IDEA may seek some services or rights under other statutes such as the ADA or Section 504.
True (A)
Constitutional claims will be filed directly with the court.
Constitutional claims will be filed directly with the court.
Under the ADA, school officials could not prohibit the attendance of a student with disabilities whose parent had a terminal illness.
Under the ADA, school officials could not prohibit the attendance of a student with disabilities whose parent had a terminal illness.
The case where there is rarely a dispute about whether a student meets the definition of disability under ADA or Section 504 is when the student has HIV.
The case where there is rarely a dispute about whether a student meets the definition of disability under ADA or Section 504 is when the student has HIV.
School officials may be required to allow a child with asthma needs to carry and use an inhaler as an exception to prohibiting self-administered medication.
School officials may be required to allow a child with asthma needs to carry and use an inhaler as an exception to prohibiting self-administered medication.
Both public and private schools must ensure that new construction meets barrier-free design requirements.
Both public and private schools must ensure that new construction meets barrier-free design requirements.
School choice programs have the potential for challenge under Section 504 and the ADA if such programs do not provide equivalent access to students with disabilities.
School choice programs have the potential for challenge under Section 504 and the ADA if such programs do not provide equivalent access to students with disabilities.
Section 504 applies to all educational agencies receiving profits from fundraisers.
Section 504 applies to all educational agencies receiving profits from fundraisers.
Education agencies should consider the implications of Section 504 and the ADA in developing an _________________.
Education agencies should consider the implications of Section 504 and the ADA in developing an _________________.
There is a need for an ________________ decision making process for a student with HIV because of the potential impact of the condition of the child.
There is a need for an ________________ decision making process for a student with HIV because of the potential impact of the condition of the child.
Most students with disabilities who request services related to their disabilities will receive assurance of access to special education and related services through which legislative act?
Most students with disabilities who request services related to their disabilities will receive assurance of access to special education and related services through which legislative act?
Most states and local educational agencies have adopted local procedures for dealing with children with __________________ _________________.
Most states and local educational agencies have adopted local procedures for dealing with children with __________________ _________________.
Both Section 504 and the ADA provide a ________________ for more accessible facilities and programming.
Both Section 504 and the ADA provide a ________________ for more accessible facilities and programming.
Regarding the qualification of limitation of major life activities in order to receive rights under Section 504 or ADA, that is not as significant an issue for ______________ education as it is for employment and higher education.
Regarding the qualification of limitation of major life activities in order to receive rights under Section 504 or ADA, that is not as significant an issue for ______________ education as it is for employment and higher education.
Qualifications for rights under Section 504 or ADA might be based on ______________, which might be the case involving students with certain health conditions.
Qualifications for rights under Section 504 or ADA might be based on ______________, which might be the case involving students with certain health conditions.
There has not been a great deal of attention to the issue of _______________ ______________ issues when participation in extracurricular activities is at a location other than at the school site itself.
There has not been a great deal of attention to the issue of _______________ ______________ issues when participation in extracurricular activities is at a location other than at the school site itself.
Although a student may not be entitled to special education and related services under the IDEA, the ADA and Section 504 of the Rehabilitation Act may protect the student from ______________.
Although a student may not be entitled to special education and related services under the IDEA, the ADA and Section 504 of the Rehabilitation Act may protect the student from ______________.
Remedies and procedures under Title III of the Civil Rights Act include injunctive relief, monetary damages (only if the ________________ _______________ intervenes), attorneys' fees and costs.
Remedies and procedures under Title III of the Civil Rights Act include injunctive relief, monetary damages (only if the ________________ _______________ intervenes), attorneys' fees and costs.
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Study Notes
Study Notes
Reasonable Accommodations
- The reasonable accommodation requirement under the ADA and Section 504 may necessitate the provision of services and special programming.
Definition of Disability
- In 2008, Congress revised the definition of disability for both the ADA and the Rehabilitation Act, broadening its scope.
Student Rights
- Students not qualifying for special education under IDEA can still access services or rights under ADA or Section 504.
Legal Process
- Constitutional claims are filed directly in court, bypassing administrative procedures.
School Attendance
- Under the ADA, school officials cannot prohibit a student with disabilities from attending school, even if the parent has a terminal illness.
Disability Determination
- Cases regarding students with HIV typically see little dispute regarding the disability definitions under ADA and Section 504.
Asthma Management
- School officials may be required to permit a child with asthma to carry and use an inhaler, allowing self-administration of medication.
Construction Requirements
- Both public and private educational institutions must ensure that new construction adheres to barrier-free design standards.
School Choice Programs
- School choice initiatives may face challenges under Section 504 and the ADA if they do not ensure equivalent access for students with disabilities.
Section 504 Applicability
- Section 504 does not apply to all educational entities that receive profits from fundraising efforts.
IEP Development
- Educational agencies must consider the implications of Section 504 and the ADA in constructing an Individualized Education Program (IEP).
Decision-Making for HIV
- An expedited decision-making process is crucial for students with HIV due to the potential impact of the condition.
IDEA Legislation
- The Individuals with Disabilities Education Act (IDEA) provides assurance of access to special education for most students with disabilities.
Local Procedures
- Most states and local educational agencies have established procedures for managing children with infectious diseases.
Accessibility Mandate
- Both Section 504 and the ADA impose a mandate for more accessible facilities and programming within educational settings.
K-12 Education Rights
- Qualification for rights under Section 504 or ADA is often less contentious in K-12 education than in employment or higher education contexts.
Risk Considerations
- Rights under Section 504 or ADA may hinge on assessments related to risks posed to others, particularly in cases involving specific health conditions.
Extracurricular Participation
- There has been limited focus on addressing architectural barrier issues for extracurricular activities held outside of school facilities.
Protection from Discrimination
- Students not qualified for special education under IDEA may still be shielded from discrimination under ADA and Section 504.
Title III Remedies
- Title III of the Civil Rights Act provides remedies such as injunctive relief and monetary damages, contingent upon intervention by the Attorney General, along with attorney fees and costs.
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