Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II and Section 504 on behalf of IDEA eligible students to proceed directly to court without implementation of IDEA’s administrative processes before litigation is commenced.
Continue Reading Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In Certain Circumstances
Department of Education Elaborates on What Schools Must Do to Provide Equal Access To Athletic Activities For Students With Disabilities
On January 25, 2013, the Department of Education’s Office for Civil Rights (“OCR”) published guidance to schools regarding their obligation to provide equal access to extracurricular athletic opportunities to students with disabilities under Section 504 of the Rehabilitation Act of 1973. Section 504 generally requires that schools receiving federal financial assistance must offer students with
Continue Reading Department of Education Elaborates on What Schools Must Do to Provide Equal Access To Athletic Activities For Students With Disabilities