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Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School
2
Legal Background After High School
Training Agenda
Legal Background
4
After a student leaves high school, IDEA no longer applies
Section 504 and the ADAAA are important for youth with disabilities and their parents to understand
Legal obligations of employers and postsecondary institutions are very different from K-12 public schools
There are No IEPs after High School
5
What is Section 504?
Part of the Rehabilitation Act of 1973, a national civil rights law
It prohibits discrimination on the basis of disability by any program or activity (including postsecondary institutions) that receive federal financial assistance
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“No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability,
be excluded from the participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.”
What Section 504 Says
7
ADAAA prohibits discrimination of people with disabilities by: All qualifying private employers (Title I) All state and local government programs, including the
public schools (Title II), and All places of public accommodation, including non-religiously
controlled colleges and universities and test agencies (Title III) Section 504 preceded enactment of ADAAA and has
generally been used as basis for disability discrimination protection in postsecondary institutions
Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II
Related Laws: Section 504 & Americans with Disabilities Act
Amendments Act (ADAAA) of 2008
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ADA Amendments Act of 2008 (ADAAA)
Requires that the definition of disability be interpreted broadly
The new definition of disability in the ADAAA must be used when determining Section 504 eligibility
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Does the student:
have a physical or mental impairment*
which substantially limits one or more major life
activities?
*or has a record of having an impairment or is regarded as having an impairment
Person with a Disability: ADAAA/504 Definition
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Any physiological condition that affects a bodily system, or any mental or psychological disorder
504/ADAAA Disability Definition Part 1:
Impairment
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More than material limitation but less than severe limitation (Look to condition, manner, duration)
Mitigating measures may not be considered (hearing aids, medication, etc.)
Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.)
504/ADAAA Disability Definition Part 2:
Substantial Limitation
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504/ADAAA Disability Definition Part 3:
Major Life ActivitySection 504
Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working
Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating
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Additional Major Life Activities (Bodily Functions)
Brain Circulatory Endocrine Reproductive Neurological
Immune system Normal cell growth Digestive Bowel Bladder Respiratory
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Test Your Knowledge
1. What is the name of the law that includes Section 504?
2. What are the three parts of the definition of disability under Section 504?
Section 504 After High School
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Services are not received by entitlement
Students must request services and demonstrate eligibility
Self-Advocacy is Critical
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High School CollegeEligibility Determination
Evaluation conducted or paid by school district
Documentation supplied by student
Legal Responsibility
Provide FAPE Ensure non-discrimination
Procedural Safeguards
Due process or OCR complaint
Internal grievance or OCR complaint
Side-by-Side Comparison
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Cannot deny admission to qualified students on basis of disability
Must make necessary changes to policies and procedures (academic adjustments such as substitution of courses, classroom accommodations, or waiving full-time financial aid requirements for students who must take fewer courses at a time)
Postsecondary Institutions & 504
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Must ensure student is not discriminated against because of absence of needed auxiliary aids (i.e. notetakers, interpreters, audio text)
Not required to provide personal accommodations (attendants, devices for personal use, etc.)
Postsecondary Institutions & 504, cont.
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IDEA or 504 services in high school do not guarantee eligibility for accommodations in postsecondary education
Student must self-identify and provide documentation of disability
Student must be qualified and meet the academic and technical standards for admission
Eligibility for 504 in College
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College Responsibility: Set reasonable standards for documentation and
specify how much documentation is needed Use an “interactive process” to determine
appropriate academic adjustments and auxiliary aids and services that meet the student’s individual needs
Disability Documentation
Student Responsibility: Provide assessment that identifies disability and
functional limitations and need for academic adjustment or auxiliary aids or services
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Discrimination allegations can be addressed by: Contacting the 504 Coordinator and handling
the issue informally
Using the school’s 504 grievance process
Contacting the Office for Civil Rights (OCR) and filing a complaint
Filing a law suit in federal court
Grievance Procedures &Dispute Resolution
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Contact the college’s disability or student services office and ask what their procedures are for requesting accommodations or auxiliary aides
Provide a copy of documentation of disability and need for academic adjustment or auxiliary aid or service
Tips for a Smooth Transition
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Utilize summary of performance required under IDEA
Put any requests in writing as soon as possible!
Remember that it is the student’s responsibility to follow the procedures
Communicate and work cooperatively
Tips for a Smooth Transition, cont.
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Employers:
Can’t refuse to hire or promote because of a disability – as long as job qualifications are met.
Can ask about applicants’ ability to perform a job, but prior to job offer cannot inquire about disability status.
Must provide reasonable accommodations to people with disabilities.
Do not need to provide accommodations that impose an undue hardship on business operations.
Section 504, the ADAAA, & Employment
Resources
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ADA Amendments Act of 2008 The 411 on Disability Disclosure Workbook
(National Collaborative on Workforce and Disability)
Section 504 of the Rehabilitation Act of 1973 Regulations
IDEA/504 & ADAA Workshop (SPAN) Transition of Students with Disabilities to Postsec
ondary Education: A Guide for High School Educators (OCR)
References
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Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (OCR)
Academic Adjustments & Auxiliary Aids & Documentation (OCR)
Students with Disabilities: High School to College (OCR)
Americans with Disabilities Act Questions and Answers (EEOC)
Section 504 and Students with Disabilities (WI FACETS)
References, cont.
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http://www2.ed.gov/about/offices/list/ocr/index.html
National OCR Headquarters: 800-421-3481
Find your regional OCR office (also listed on next slide): http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm
Complaint Information:http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html
Office for Civil Rights
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Boston Office (CT, ME, MA, NH, RI, VT)(617) 289-0111
Chicago Office (IL, IN, IA, MN, ND, WI)(312) 730-1560
New York Office (NJ, NY, PR, VI)(646) 428-3800
Cleveland Office (MI, OH)Telephone: (216) 522-4970
Philadelphia Office (DE, MD, KY, PA, WV)(215) 656-8541
Kansas City Office (KS, MO, NE, OK, SD)(816) 268-0550
Atlanta Office (AL, FL, GA, TN)(404) 974-9406
Denver Office (AZ, CO, NM, UT, WY)(303) 844-5695
Dallas Office (AR, LA, MS, TX)(214) 661-9600
San Francisco Office (CA)(415) 486-5555
District of Columbia Office (NC, SC, VA, DC)(202) 453-6020
Seattle Office (AK, AS, GU, HI, ID, MT, NV, OR, WA, MP)(206) 607-1600
OCR – Regional Officeshttp://www2.ed.gov/about/offices/list/ocr/addresses.html
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Department of JusticeADA Information Line: 1-800-514-0301
www.ada.gov
ADA National Network of Technical Assistance Centers
1-800-949-4232www.adata.org
ADAAA Information