Americans with Disabilities Act

It is illegal for public entities to discriminate against individuals with disabilities.  No one disputes this premise.  But did you know that if your website does not meet certain standards of accessibility you could be the subject of a complaint and investigation by OCR?

In 2010, the U.S. Department of Education’s Office of Civil Rights issued a “Dear Colleague” letter to colleges and universities letting them know their websites and on-line portals need to be accessible to all students.  In May of 2011 that was extended to elementary and secondary institutions as well.  Since then OCR has been monitoring website accessibility through its power to enforce Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA.
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The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities access to a free appropriate public education (FAPE) and establishes a formal administrative framework within which disputes concerning the denial of FAPE are addressed. In addition, other federal statutes, such as the Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act, protect individuals with disabilities, and may also be applicable to children in a school setting. Under current law, a plaintiff bringing a disability discrimination claim under these other federal discrimination statutes which seeks relief also available under the IDEA, is required to exhaust the IDEA’s administrative process before bringing suit.  However, in a recently released opinion, the U.S. Supreme Court has clarified when exhaustion under the IDEA may not be required.
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In late December of 2016, the Department of Education’s Office for Civil Rights (OCR) issued information to school districts regarding how the use of restraint and seclusion may result in discrimination against qualified students with disabilities in violation of Federal laws that prohibit disability discrimination, including Section 504 of the Rehabilitation Act of 1973 (Section

On October 11, 2016, less than a week away, a final rule amending the regulations for Title II of the Americans with Disabilities Act (ADA) will take effect.  The new regulations will provide guidance to local government entities, including school districts, regarding the interpretation and application of the ADA Amendments Act of 2008 (ADAAA).  Important