ADA and Section 504 violations can lead to instances of student disability harassment and special education bullying. School Liability Expert Group has a team of special education experts and IEP experts who offer consulting and witness services to attorneys, parents, schools, and other organizations tasked with the care of children. We are trained to recognize past, present, and potential breaches of the standard of care for student disabilities. Mitigate any risk of litigation and book a call with our expert team to discuss potential litigation of your client’s special education programs and services. Engage our services for an expert to review and evaluate your client’s potential specific instances of ADA and Section 504 violations.
Understanding the Standard of Care
Before diving into the details of disability services and student disability harassment, it is essential to understand the standard of care. A professional standard of care refers to the expected quality and quantity of care any competent professional or program in the same environment would provide in a given circumstance. In other words, did this professional or program meet basic expectations and standards established in state and federal laws and commonly accepted practices in the field of education.
Special education experts from the School Liability Expert Group can provide expert reports, consultation, and testimony on the professional standard of care. ADA and Section 504 violations, such as special education bullying, occur when this standard of care is not met. Still, these can easily be avoided by adopting the right programs, training, and strategies. Special education experts and IEP experts are vital aids in developing disability accommodations and services that meet and exceed the standard of care. An institution is responsible for upholding the standard of care at every step of a student’s journey, protecting them from student disability harassment and harm that can prevent them from accessing their right to a free and appropriate public education.
What Are the Mandatory Disability Accommodations?
A lack of understanding of the regulations set by the ADA is a common pitfall of educational organizations that fail to meet the professional standard of care. Knowledge of the ADA is crucial to avoiding ADA and Section 504 violations. Section II of the ADA is most relevant to public educational institutions. The essential takeaways from this section make it clear that state and local government services (i.e., a public school) cannot discriminate against an individual due to a disability. Additionally, the regulations set in this section make it clear that students with disabilities must have the necessary accommodations to meet their individual educational needs.
Section 504 of the Rehabilitation Act guarantees students with disabilities equal access to an education. Repeated instances of special education bullying, for example, may interfere with a student’s access to their education, resulting in ADA and Section 504 violations. A special education and IEP expert could testify whether the bullying directly interfered with the student’s access to education and created a hostile environment leading to emotional harm. Students with disabilities must be given the necessary accommodations and services to be able to fully participate in their education without experiencing any student disability harassment.Additionally, students with disabilities are more vulnerable to sexual abuse, physical abuse, and other harm that schools have a duty to protect them from.
These regulations have led to the formation of 504 Plans and Individualized Education Programs (IEPs). While similar, it is important to note key differences between the two. A 504 Plan is developed by parents, teachers, and school administrators to ensure the necessary accommodations are put in place for a disabled student to bolster their academic success. ADA and Section 504 violations may occur when disabled students are not granted access to a 504 Plan. A student with a 504 Plan does not necessarily have an IEP. An IEP is created for disabled students who also require special education services. The IEP is a detailed document outlining the special education instruction, support, and services that a student needs based on their disability and in order to be safely educated. A special education expert and IEP expert can consult schools, parents, and attorneys on matters related to IEP relevance and formation.
Addressing Student Disability Harassment
When special education bullying occurs, it must be taken seriously by the school where it took place. To protect against ADA and Section 504 violations, your client should carefully address all reports of bullying and harassment. This harkens back to the standard of care– if another institution in a similar circumstance received the same report of harassment, would they have reacted similarly to how your client acted? Generally, schools are expected to respond promptly to bullying accusations, and no allegations should be ignored.
A single instance of discrimination is not necessarily a violation for which the school would be liable. However, suppose the act of discrimination occurred in front of a school teacher or administrator, and the school did not react in any way. In that case, this opens the door for ADA and Section 504 violations if there are future occurrences of discrimination against that student. According to our special education and IEP experts, excessive bullying, disciplinary action, or physical/sexual abuse and harassment by teachers can create an unwelcome, toxic learning environment that the school must address. Protecting students from student disability harassment and special education bullying must remain a priority.
To best respond to harassment concerns, a school should have a clear written policy for faculty and staff to report any witnessed discrimination or bullying. Students and parents must receive grievance procedures and should also be encouraged to report instances of harassment. School Liability Expert Group can review school or agency management systems to determine liability for ADA and Section 504 violations by evaluating program quality and compliance. Our education and IEP experts can make recommendations to improve disability accommodations and services and minimize the risk of litigation.
Enlist Special Education Experts
Our court-qualified experts are ready to engage with your case and help your client. School Liability Expert Group provides expert witness services and consultations to plaintiff and defense attorneys on behalf of schools and parents. Our testimonials attest to our highly individualized, prompt, and reliable service. As a large firm with experience in school liability, we can uniquely assist with education litigation throughout the U.S. Book a call today to talk with an attorney about ADA and Section 504 violations.