Disabilities

OCR Guidance on Extracurricular Athletics for Students with Disabilities (k-12)

Published Date: 
2013-02-06
Contact: 

Marko H. Fong

On January 25, 2013, the United States Department of Education’s Office for Civil Rights (OCR) released guidance that significantly expands expectations for students with disabilities about participating in extracurricular sports. OCR is taking the position that, under Section 504 of the 1973 Rehabilitation Act (Section 504), schools not only must provide students with disabilities any needed aids and services to participate in existing district-sponsored extracurricular sports, it is also calling for districts to develop additional extracurricular activities for students with disabilities who are unable to participate in existing extracurricular sports. The guidance applies to all school-sponsored extracurricular sports at all age levels and all levels of competition or participation.

Private: 
No
ID: 
02-2013 (K-12)

Term "Mental Retardation" Changed to "Intellectual Disability" (K-12)

Published Date: 
2012-10-24
Contact: 

Carl D. Corbin

On October 5, 2010, President Obama signed federal legislation, titled “Rosa’s Law,” which replaced in federal law the terms “mental retardation” and “mentally retarded” with the terms “intellectual disability” and “individual with an intellectual disability.” Rosa’s Law also required that any regulation that used the old terms shall be considered to be referring to the new terms. However, this change in federal law did not replace the use of these terms in state law.

Private: 
No
ID: 
30-2012 (K-12)

Failure to Properly Identify a Student's Primary Disablities has Legal Significance Even if a "FAPE" Has Been Provided 06-2010

Published Date: 
2010-02-19
Contact: 

Carl D. Corbin, Assistant General Counsel

The Ninth Circuit Court of Appeals recently held that when a parent of a special education student prevails on an eligibility category determination, this changes the legal relationship between the parties and entitles the parent to "prevailing party" status under the Individuals with Disabilities Education Act ("IDEA") and the right to recover attorney's fees notwithstanding the school district's provision of a Free Appropriate Public Education ("FAPE").

Private: 
No

Prior Enrollment in a Placement Offered by a Public School Agency is not a Requirement for Reimbursement under the IDEA (16-2009

Published Date: 
2009-06-29
Contact: 

Carl D. Corbin, Assistant General Counsel, ccorbin@sclscal.org

On June 22, 2009, the U.S. Supreme Court held that the parents of a child with a learning disability may seek reimbursement for private school expenses even though the student never received special education services through the public school system.

search terms: IDEA, learning disability, Forest Grove, IEP, FAPE, reimbursement.

Private: 
No

ADA Amendments Act of 2008

File Name: 
Published Date: 
2009-01-12
Contact: 

Loren Soukup lsoukup@sclscal.org

On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 ("Act") which became effective January 1, 2009. The Act makes important changes to the definition of the term "disability" by rejecting several United States Supreme Court decisions that it viewed as improperly narrowing ADA coverage. Specifically, the Act expands the protections of the original ADA to include more individuals with less severe impairments.

Private: 
No

ADA Amendments Act of 2008

File Name: 
Published Date: 
2009-01-12
Contact: 

Loren Soukup lsoukup@sclscal.org

On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 ("Act") which became effective January 1, 2009. The Act makes important changes to the definition of the term "disability" by rejecting several United States Supreme Court decisions that it viewed as improperly narrowing ADA coverage. Specifically, the Act expands the protections of the original ADA to include more individuals with less severe impairments.

Private: 
No