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Mark C. Weber

Selected Works

Section 504

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber Jan 2012

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Mark C. Weber

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools’ violations of children’s rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …


A New Look At Section 504 And The Ada In Special Education Cases, Mark C. Weber Jan 2010

A New Look At Section 504 And The Ada In Special Education Cases, Mark C. Weber

Mark C. Weber

School districts are finding fewer children eligible for services under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has expanded the number of children who are protected by section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). These developments present the largely unexplored question of what obligations school districts owe children who have disabilities and are protected under section 504 and the ADA, but who are not eligible for services under IDEA. This article concludes that these children must be provided an education that meets their needs as adequately …