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Section 504, COVID-19 and More with Perry Zirkel – Program Two: The Nuances

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Section 504, COVID-19 and More with Perry Zirkel – Program Two: The Nuances

*This is a one (1) day event - Wednesday, January 27, 2021

 9am- 12pm

Audience: General and Special Education Teachers and Administrators, School Counselors, and Student Support Services Professionals

Presenter: Perry A. Zirkel, Lehigh University Professor Emeritus of Education & Law 

Description:

This program, intended for but not limited to experienced 504 coordinators, focuses on addressing the latest, more nuanced legal issues under Section 504 and the Americans with Disabilities Act (ADA): (1) specific to students who are not also covered by the IDEA (i.e., "504-only") and (2) extending to students also covered by the IDEA (i.e., "double-covered").

In the "504-only" context, this program covers:

- Does Child Find apply under Section 504?

- What revisions do the Department of Justice’s September 2016 regulations make to the Section 504 eligibility standard?

- What is the current operational meaning of "substantial" limitation, including, for example, its application to students with concussions?

- Are some students only technically eligible under Section 504?

- Are students entitled to special education as part of a 504 plan?

- How can a 504 coordinator say "No" in a way that is both legally and educationally effective to the parents of the student who is not eligible?

- Post-pandemic, are students on 504 plans entitled to compensatory education services upon resumption of full in-person learning?

In the "double-covered" context:

- What are the current differences between the Office for Civil Rights (OCR) and the courts in applying Section 504/ADA?

- Does compliance with IDEA requirements automatically fulfill the corresponding requirements under Section 504/ADA?

- Are parents required to "exhaust" the step of a due process hearing under (a) the IDEA or (b) Section 504 before filing suit in court?

- What has been the trend in judicial rulings for claims specific to (a) service animals, (b) bullying, (c) CART, and (d) retaliation?

- Are individual school employees, such as teachers and Section 504 coordinators, subject to liability under Section 504/ADA?

- What is the prevailing standard for district liability under Section 504/ADA?

- Are students under IEPs entitled to rights under Section 504 beyond those provided under the IDEA?

 

 

For content questions, please contact Stephen Proffitt, SERC, (860) 632-1485 ext. 322 or proffitt@ctserc.org.

For registration questions, please contact Linda Adorno, SERC, (860) 632-1485, ext. 241 or adorno@ctserc.org.

 

 

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