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The Education Law Division of Hollingsworth & Zivitz, PC. Ensuring your child’s success in school and in life.

Federal Litigation, Appeals, ADA & Section 504 Matters

Guidance for the Complex World of Federal Litigation and ADA

From the Americans with Disabilities Act to violations of No Child Left Behind to lawsuits involving failures to properly accommodate a student under Section 504 of the Rehabilitation Act of 1973 we can provide you guidance and representation in a complex world.

Understanding the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Schools must comply with this law in terms of accommodations, accessibility, and services for students and parents with disabilities. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.

Section 504 of the Rehabilitation Act of 1973

Like the Individuals with Disabilities Act, Section 504 provides students the right to a Free Appropriate Education and the accommodations necessary to “level for playing field.” Section 504 of the 1973 Rehabilitation Act was the first disability civil rights law to be enacted in the United States. It prohibits discrimination against people with disabilities in public environments and in schools. If a school fails to appropriately accommodate your child’s health care needs or educational needs we can help.

42 U.S.C. Section 1983

Section 1983 is a federal law which allows in specific cases plaintiff’s in special education to seek money damages. In cases where students have suffered significant damages or injuries there is an interrelationship between Section 1983 and the Individuals With Disabilities Education Act (“IDEA”) and the availability of a damage remedy under federal civil rights law to redress educational wrongs. This occurs when schools have failed to protect students from harm, had deliberate indifference, or where the courts may be unable to redress the IDEA violations outside of a situation in which they can award monetary damages. We can help you understand this law and whether it applies to your case.

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