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Flygare, Thomas J. – Phi Delta Kappan, 1987
Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…
Descriptors: Communicable Diseases, Court Litigation, Disabilities, Elementary Secondary Education
Flygare, Thomas J. – Phi Delta Kappan, 1979
In deciding that a person with a serious hearing handicap could be denied entry into a nursing program, the Supreme Court held that Section 504 of the Rehabilitation Act of 1973 does not require affirmative action but imposes the lesser obligation that institutions avoid discrimination against handicapped persons. (Author/IRT)
Descriptors: Admission Criteria, Affirmative Action, Court Litigation, Disabilities
Zirkel, Perry A. – Phi Delta Kappan, 1996
Summarizes a case involving a district's alleged violation of a neurologically impaired student's rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (Section 504). The Third Circuit Court ruled that IDEA's "stay-put" rule did not excuse the district from developing a timely individualized…
Descriptors: Attention Deficit Disorders, Court Litigation, Elementary Education, Individualized Education Programs
Zirkel, Perry A. – Phi Delta Kappan, 2000
A protracted case involving a high-achieving ADHD student who was judged eligible for Section 504 assistance, but not for Individuals with Disabilities Education Act assistance, demonstrates confusing overlaps between programs, problems with overidentifying students as disabled, and the high costs of "legalizing" special education.…
Descriptors: Attention Deficit Disorders, Costs, Court Litigation, Due Process