By Gerald CardP359-366

Protects handicapped children and adults from discrimination in institutions receiving federal funds

Handicapped-Any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment

Accommodations are unreasonable, and not required if the result would create safety risks, health risks, or cost-example is drivers ed for a blind person.

Facts

Accommodations are not made for students not otherwise qualified for the task-such as inclusion to the basketball team when the student does not have the skill and gets cut due to lack of talent

Handicapped students cannot be suspended, expelled, or punished for manifestations of their disability

Thomas v. Atascadero Unified School District,

United States District Court,

Central District of California, 1987

662F. Supp. 376

Facts

• Ryan Thomas has aids-parents tried enrolling him into kindergarten-school district does receive federal funds

• All facts state that there is not a safety issue for him or the other students

• School District had a policy for communicable diseases-a placement committee was formed to discuss the admission-he was admitted

4 days into the school year he bit another child’s pantleg-no skin was broken

Placement committee was reconvened-a recommendation by a psychologist, advice from the Center for Disease Control, American Academy of Pediatrics, and the California State Department of Education placed Ryan was to be tutored at home.

Ryan is 504 qualified and was granted an injunction to go back to school

Legal Doctrine

District 27 Community School Board v. Board of education of the City of New York

502 N.Y.S.2d 325 (N.Y. Sup. Ct. 1986)

Students with aids also violated Equal Protection Clause of the Fourteenth Amendment