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Section 504, the Americans with Disabilities Act, and Public School Employment: A Legal Primer

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Abstract

This article reviews Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as they apply to school district employment. The article includes a practical step-by-step process for analyzing school district actions with regard to applicants and employees with disabilities. It cites specific examples of court and agency rulings concerning hiring, reasonable accommodation, adverse action, nonrenewal, and termination.

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References

  • O’Brien, W. M. (1992). Employment discrimination in education related to human immunodeficiency virus infection: Legal perspectives. Journal of School Leadership, 2(4), 379–395.

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  • Osborn, A. G. (1995). Court interpretations of the Americans with Disabilities Act and their effect on school districts. West’s Education Law Reporter, 95(2), 489–497.

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  • Zirkel, P. A. (1993). Section 504 and the schools. Horsham, PA: LRP.

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  • Zirkel, P. A. (1994). A checklist for disability nondiscrimination in school district employment. Your School and the Law, 24(5), 6–11.

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Authors and Affiliations

  1. Lehigh Carbon Community College, 4525 Education Park Drive, Schnecksville, PA, 18078

    Margaret M. McMenamin

  2. Iacocca Professor of Education, College of Education, Lehigh University, Bethlehem, PA, 18015

    Perry A. Zirkel

Authors
  1. Margaret M. McMenamin
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  2. Perry A. Zirkel
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McMenamin, M.M., Zirkel, P.A. Section 504, the Americans with Disabilities Act, and Public School Employment: A Legal Primer. Journal of Personnel Evaluation in Education 11, 243–253 (1998). https://doi.org/10.1023/A:1007929221417

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  • DOI: https://doi.org/10.1023/A:1007929221417

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