Tag Archives: Section 504

New First Circuit Opinion Elucidates Exhaustion Requirement for School-Related Claims Under Sections 504 and 1983

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The First Circuit has recently clarified the exhaustion requirements for school-related Section 504 and Section 1983 claims in light of Fry v. Napoleon Cmty. Schs., 137 S. Ct. 743 (2017).  In Doucette v. Georgetown Public Schools, #18-1160 (1st Cir. Aug. 26, 2019), a divided panel reversed a District Court decision that dismissed parents’ Section 504 and Section 1983 claims for failure to exhaust IDEA’s administrative process. Continue reading →

Section 504 and Your Child’s Rights to Participate in Extracurricular Activities

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While you may know that the law provides protections for your qualified child to be able to access his or her academic education, did you know that the law equally protects your child’s ability to access sports and other extracurricular activities through his or her public school?  Earlier this year, the Office for Civil Rights (OCR) of the United States Department of Education provided guidance to school districts and parents, clarifying that Section 504 of the Rehabilitation Act (Section 504) not only applies to your child’s academics, but also applies equally to participation in extracurricular activities provided by the public school.  In fact, OCR noted that extracurricular activities and sports “are an important component of an overall education program,” and provide important health and social benefits to qualified students. Continue reading →