The Education for All Handicapped Children Act, 42 U.S.C. § 1983, and Section 504 of the Rehabilitation Act of 1973: Statutory Interaction Following the Handicapped Children's Protection Act of 1986

Authors

Thomas F. Guernsey, University of Richmond School of LawFollow

Abstract

I. Introduction

II. Section 1983 and the EAHCA ... A. Independent Section 1983 Grounds for Relief ... B. Relief for Violation of EAHCA Substantive Rights ... C. Damages, Jury Trials, and Attorneys' Fees ... 1. Damages and Compensatory Education ... 2. Jury Trial ... 3. Attorneys' Fees

III. The Validity of Section 504 Regulations

IV. Section 504 and the EAHCA ... A. Overlapping Provisions ... B. Expansion of Rights and Protections Under Section 504 ... 1. Increased Protections for Those Covered by the EAHCA? Tatro and Rowley … 2. Miscellaneous Additional Protections ... a. Physical Setting ... b. Regulatory Monitoring ... c. Damages ... d. Extracurricular Activities ... 3. Expansion of EAHCA Type Rights to Those Not Previously Covered

V. Conclusion

Recommended Citation

Thomas F. Guernsey, The Education for All Handicapped Children Act, 42 U.S.C. § 1983, and Section 504 of the Rehabilitation Act of 1973: Statutory Interaction Following the Handicapped Children's Protection Act of 1986, 68 Neb. L. Rev. (1989)
Available at: https://digitalcommons.unl.edu/nlr/vol68/iss2/5