News & Updates - Arizona Center for Disability Law (ACDL)

What is a Disability?

Posted by ACDL on October 21, 2019 | 0 Comments

By Jessica Jansepar Ross, Esq., Guest Contributor The Americans with Disabilities (ADA) and the Rehabilitation Act are two important federal laws that prohibit covered employers from discriminating against qualified employees and applicants with disabilities. When determining whether an employee (or applicant) is covered by these laws, three questions need to be answered: Does the employee (or applicant) satisfy the ADA’s or Rehabilitation Act’s definition […]

October is National Disability Employment Awareness Month

Posted by ACDL on October 3, 2019 | 0 Comments

By Sey In, Staff Attorney October marks many things, but it is of particular importance to the disability rights community because it is Disability Employment Awareness Month. In honor of Disability Employment Awareness Month, ACDL will share information, tips, and resources about employment rights of people with disabilities. ACDL will also offer free legal coaching sessions for people with disabilities who have questions about […]

Special Education Tip-of-the-Day: Remedies

Posted by ACDL on September 12, 2019 | 0 Comments

by Amanda Glass, Equal Justice Works Fellow Now that we have discussed a variety of dispute resolution options, including state complaints, mediation, due process complaints, and complaints regarding Section 504, we will examine the remedies that are available to parents and students seeking relief. In other words, what types of solutions are possible for these disputes, and what might a family get from a […]

Section 504 (part 3): Impartial Hearing

Posted by ACDL on September 10, 2019 | 0 Comments

By Jessica Jansepar Ross, Esq. Now that we have discussed when complaints to the U.S. Department of Education, Office of Civil Rights (OCR) are appropriate and the basics for filing these complaints, in the last part of our Section 504 series, we will look at internal procedures for addressing Section 504-related disputes within a school district or charter. In relevant part, schools are required […]

Special Education Tip-of-the-Day: Filing an OCR Complaint

Posted by ACDL on September 9, 2019 | 0 Comments

by Rose Daly-Rooney, Legal Director Gloriana is a junior at a science magnet high school who earned one of the five top grades in biology. Each year, the high school pays the costs for the top five biology students to attend a week-long marine biology field trip aboard a ship. Other students may attend but they pay the cost of the class. Students […]

Section 504 of the Rehabilitation Act: Overview

Posted by ACDL on September 6, 2019 | 0 Comments

By Jessica Jansepar Ross, Esq. Section 504 of the Rehabilitation Act (Section 504) prohibits disability-related discrimination by entities that receive federal funds, such as public school districts and charter schools. Today we will focus on the general requirements of Section 504, including who it protects and what it requires, and parents’ options if they believe that their child’s rights have been violated. Section 504 […]

Special Education Tip-of-the-Day: The Due Process Decision and Availability of Appeals under IDEA

Posted by ACDL on September 5, 2019 | 0 Comments

by Amanda Glass, Equal Justice Works Fellow After trying unsuccessfully to resolve your dispute with the school through informal resolution methods, you consulted with a special education lawyer and decided that a due process hearing is the best option left to you. You spent time preparing for the hearing, gathering all of your evidence, preparing your witnesses, and drafting an opening statement and closing […]

Special Education Tip-of-the-Day: Due Process—What Happens at the Due Process Hearing

Posted by ACDL on September 4, 2019 | 0 Comments

by Rose Daly-Rooney, Legal Director This post provides information about due process hearing procedures and offers a “to-do” checklist if you are preparing to represent yourself at the hearing. Together, these give you a sense of the work involved in a due process hearing. You have the right to request a due process hearing to resolve disputes about identification, free appropriate public education […]

Special Education Tip-of-the-Day: Due Process—Pre-Hearing Conference

Posted by ACDL on September 3, 2019 | 0 Comments

by Amanda Glass, Equal Justice Works Fellow and Jessica Jansepar Ross, Attorney In our last blog post, we discussed the possibility of early resolution of a due process complaint. Today, we will talk about what takes place if a complaint cannot be resolved within the 30-day resolution period—a pre-hearing conference. When Does a Pre-Hearing Conference Take Place? If the resolution period ends without […]

Special Education Tip-of-the-Day: Due Process—Early Resolution

Posted by ACDL on August 30, 2019 | 0 Comments

by Amanda Glass, Equal Justice Works Fellow Yesterday, we went over how to amend an insufficient due process complaint. Today, we will talk about the possibility of resolving a due process complaint before a hearing takes place. Resolution Session When a student or parent files a due process complaint, the school must hold a “resolution session” to try to resolve the issues […]

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