NSBA Urges Federal Appeals Court to Follow Precedent Regarding Harassment of Students with Disabilities

Wednesday, August 14, 2013

NSBA and TASB filed an amicus brief in Lance v. Lewisville Independent Sch. Dist. that maintains school districts should not be held liable under Section 504 of the Rehabilitation Act, which prohibits recipients of federal funds from discriminating on the basis of disability, in instances where school officials tried but were unsuccessful in completely stopping the harassment.

The amicus brief asks the court to follow the U.S. Supreme Court rulings that follow long-established standards to hold a district liable under federal anti-discrimination laws. Those cases hold schools liable only where school officials with appropriate authority deliberately refuse to take action to respond to known actions of harassment. NSBA and TASB caution the court against using the informal guidance issued by the U.S. Department of Education’s Office of Civil Rights’ (OCR) in an October 26, 2010 “Dear Colleague” letter as the legal standard to impose monetary damages in such cases.

“The U.S. Department of Education’s Office of Civil Rights is advocating for an expansive standard of liability that would hold schools responsible in virtually all cases where harassment was not completely eliminated despite the district’s efforts to protect students,” said NSBA Executive Director Thomas J. Gentzel. “That is not what the law intends, and it would be an unprecedented change from previous Supreme Court rulings.” - See more at: http://www.nsba.org/Newsroom/Press-Releases/NSBA-Urges-Federal-Appeals-C...

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