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ADA & Section 504
The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to how IDEA, IDEIA, Section 504 and the ADA overlap to a fairly significant to degree. However, less focus is placed on Section 504 and the ADA a lot of the time and the author has been asked to highlight areas of those two laws and regulations that are significant as compared to IDEA. Second, there will be the description of two significant issues that relate to case law and overall court proceedings. The gist is that oen must ask which students are protected. Regardless, there are concerns about things like placement, planning issues, evaluations, litigation and regulatory enforcement. While the enforcement of disability-related laws may seem cut and dry, there are some perceived gray areas and situations and there needs to be clarity when these situations come to pass.
Analysis
To compare the overall reach, depth and breadth of the ADA, Section 504 and IDEA, a high-level summary each will be completed. Section 504 is part of the broader Rehabilitation Act of 1973. It is an anti-discrimination and civil rights statutes...
In short, the outcomes of non-disabled students should not be disparate and different as compared to disabled people. A disability as defined by this section is one of three things. The first is a person with a mental or physical issue that limits one or more major life activities for the person in question. Second, it is a person that has a prior record of such a disability. Lastly, it is a person that is regarded to have the impairment in question. To be precise, Section 504 specifically pertains to students (Durheim, 2015).
When it comes to the ADA, it is rather similar to Section 504 but is much broader in that it is not limited to school. Indeed, the ADA government website asserts that the ADA "prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities and transportation (ADA, 2015). There was a slight update to the law in 2010, as signed off on by then-Attorney General Eric Holder. That update related mostly to "accessible design" (ADA, 2015).…
References
ADA. (2015). 2010 ADA regulations. ADA.gov. Retrieved 1 November 2015, from http://www.ada.gov/2010_regs.htm
A-Data. (2015). Peanut allergy at center of federal civil rights lawsuit for Michigan elementary student -- ADA National Network. Adata.org. Retrieved 1 November 2015, from https://adata.org/news/peanut-allergy-center-federal-civil-rights-lawsuit-michigan-elementary-student
Durheim, M. (2015). A parent's guide to Section 504 in public schools. GreatKids. Retrieved 1 November 2015, from http://www.greatschools.org/gk/articles/section-504-2/
IDEA. (2015). IDEA - Building The Legacy of IDEA 2004. Idea.ed.gov. Retrieved 1 November 2015, from http://idea.ed.gov/
OLS. (2015). Section 504 & Disability Discrimination in Schools -- " public. Ohiolegalservices.org. Retrieved 1 November 2015, from http://www.ohiolegalservices.org/public/legal_problem/students-schools/education-accommodation-for-disabilities/qandact_view
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