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 By Gerald Card P359-366.  Protects handicapped children and adults from discrimination in institutions receiving federal funds  Handicapped-Any person.

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Presentation on theme: " By Gerald Card P359-366.  Protects handicapped children and adults from discrimination in institutions receiving federal funds  Handicapped-Any person."— Presentation transcript:

1  By Gerald Card P359-366

2  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.

3 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

4 Thomas v. Atascadero Unified School District, United States District Court, Central District of California, 1987 662F. Supp. 376

5 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

6  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.

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

8 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


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