Options Under Section 504

• Overview

Don't lose federal monetary assistance with noncompliance.

Avoid liability by learning Section 504 obligations, regulations and guidance. Public and private educational facilities receiving any federal monetary assistance, and arguably other forms of aid, are obligated to comply with Section 504 of the Rehabilitation Act of 1973. This comprehensive statute imposes a number of obligations on such recipients of federal aid regarding disabled students and employees. An educational facility's failure to comply with Section 504 and its regulations can result in time consuming and expensive litigation, an imposing investigation by the Office of Civil Rights and the potential loss of federal assistance. This topic will pull together the statutory provisions and their recent amendment, relevant regulations and case law regarding the obligations of educational institutions to disabled employees and students, providing cogent and succinct guidance on how to best ensure compliance. Comply with these obligations and avoid liability under this statute.

Authors

Agenda

Overview of Relevant Statutory and Regulatory Provisions

• Relative to Disabled Students

• Relative to Disabled Employees

Defining Class of Individuals Covered by Section 504

• Case Law Pre-2008 ADA Amendments

• Effect of 2008 Amendments to ADA Regarding What Constitutes a Disability Under Section 504 and Case Law Refining Those Amendments

Obligations to Provide FAPE Under Section 504

• Public Elementary and Secondary Schools

• Private Elementary and Secondary Schools

Section 504 and Disabled Employees

• Identifying Covert Employees

• Identifying Reasonable Accommodations

• Access to Facilities and Benefits

Defending Against the OCR Investigation and Litigation

• OCR Investigative Process

• Federal Litigation and Strategies for Defense