Americans with Disabilities Act

Fry v. Napoleon Community School District (U.S. Sup. Ct. - Merits Brief 2016)

Special Education & Disabilities: Whether 20 U.S.C. § 1415(l) requires Petitioners to exhaust the state administrative procedures set forth in the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., before filing a civil action seeking monetary and declaratory relief under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12201 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

Key Federal Agency Guidance 2008-2017

Key Federal Agency Guidance Affecting Schools November 2008 - February 2017. 

2017 Annual Notices

This chart describes some of the notices required by federal law, including the method required to give notice where it is specified in the statutes and/or regulations, and provides links to documents that may be used in writing such notices. 

Policies Required By Federal Law - June 2017

This chart lists Federal laws and regulations that require a policy, written procedure, or form,. School districts may need to adopt additional policies that are not included in this chart as required by state law.  

SB v. Board of Education of Harford County (4th Cir.)

Legal System: Section 504 claims seeking monetary damages for alleged peer harassment based on disability are subject to Title IX standard set forth in the U.S. Supreme Court in Davis

Court Urged to Maintain School District Flexibility in Responding to Disability Harassment Complaints

Alexandria, Va. (September 23, 2015) - The National School Boards Association (NSBA), joined by the Maryland Association of Boards of Education (MABE), filed a “friend of the court” (amicus) brief in the Fourth Circuit Court of Appeals (MD, NC, SC, VA, WV) in SB v. Board of Education of Harford County, urging the Court to uphold the district court’s decision in favor of the school board.

“It’s important to guard against any precedent that would allow a school district to be found deliberately indifferent if bullying or harassment by others continues, despite a district’s efforts to address reported misconduct,” said Thomas J. Gentzel, Executive Director, National School Boards Association. “Changing the standard from deliberate indifference to strict liability would rob school districts of the flexibility they need in responding to claims of harassment based on their educational judgments and knowledge of the school environment.”

OCR June 2015 Response to NSBA's March 2015 Letter RE: OCR's November 2014 "Dear Colleague Letter" Title II "effective communication" Regulatory Guidance

On June 15, 2015, the U.S. Department of Education's Office for Civil Rights (OCR) sent a letter to the National School Boards Association’s (NSBA) General Counsel Francisco M. Negrón, Jr. responding to his March 5, 2015 letter to OCR regarding the regulatory guidance it issued in November 2014 on the subject of the Americans with Disabilities Title II "effective communication" regulation. 

Webinar: Recent Guidance from the U.S. Departments of Education and Justice: Title IX, Section 504/ADA and more

Invite your school district clients to join you as the NSBA legal staff reviews important recent guidance documents issued by the U.S. Departments of Education and Justice.  We'll cover topics such as Title IX and sexual violence (especially with respect sexual orientation and gender identity), the ADA Effective Communication regulation, racial disparities in student discipline, Charter Schools, student records and data, and more.  We will discuss how the guidance documents reflect policy initiatives and how NSBA is engaging with the Departments on these issues. 

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