Section 504, the Americans with Disabilities Act Amendments Act, and

Students with Disabilities: From Early Childhood to Young Adulthood

2

Legal Background Section 504 & Public Schools Overview 504 Evaluation 504 Plan & Services Procedural Safeguards After High School Child Care and the ADAAA

Training Agenda

Legal Background

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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 schools) that receive federal financial assistance

5

“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

6

Both may provide services and protections to students with disabilities

All students found to be eligible under IDEA are also protected by Section 504, but not all students protected by Section 504 are eligible under IDEA

If a parent revokes consent for their child to receive special education services under IDEA, the student may still be eligible for a Section 504 plan and protections

*Individuals with Disabilities Education Act

Related Laws:IDEA* and Section 504

IDEA/504 Diagram

IDEA-eligible

students

504-eligible students

Students with disabilities

All Students

Section 504

IDEA

Funding? No Federal & State

Eligibility Determination

General disability definition

Disability categories & need for special education and related services

Evaluations Initial & “periodic” Initial & triannualFAPE Needs met as

adequately as those without disabilities

Individualized educational program from which child receives educational benefit

Plan 504 Plan IEP in writingEnforcement Office for Civil Rights State Education Agency

Side-by-Side Comparison

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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 schools

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 Activity

Section 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 and Public Schools

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Intent of civil rights laws is to provide equal opportunity and prevent discrimination based on disability

Public schools must provide FAPE (free appropriate public education) to each qualified student with a disability

Section 504 and Public Schools

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Meets a student's individual needs as adequately as the needs of nondisabled students are met

Places students with their nondisabled peers to the maximum extent appropriate

Includes evaluation and placement procedures

Establishes due process procedures

504 & FAPE: What is an appropriate education?

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Overview: The 504 Process

Referral Evaluation Eligibility

Determination Development of

504 Plan Review Reevaluation

504 Evaluation

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Districts: Have “child find” obligation to evaluate students who they suspect may have a disability

Parents: May want to consider 504 evaluation if their child did not qualify for services under IDEA but has shown a pattern of not succeeding in the general education classroom or has a diagnosis and needs accommodations to fully participate in school activities

Evaluation Referral

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Does the student have a disability under Section 504?

If so, what are the student’s individual education needs?

Purpose of Evaluation

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The evaluation must:

Use valid tests conducted by trained personnel Assess all areas of educational need Accurately reflect achievement rather than

disability Be completed in a reasonable amount of time Include process for periodic reevaluation

Section 504 Evaluation Requirements

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Medical diagnosis is not needed for Section 504 eligibility

If 504 placement team determines a diagnosis is required, the evaluation must be conducted at no cost to the parents

If a child does have a medical diagnosis, it does not automatically qualify the student for 504 services

Medical Diagnosis and 504

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Required: “Periodically” (not defined in 504, may

use IDEA timelines) Before changing placement (includes

education setting or significant change in service level)

Suspension of more than 10 days

Reevaluation

504 Plan & Services

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People who: are knowledgeable

about the student, can interpret data, and know the placement

options

504 Team

Might Include: Principal Social Worker Counselor Psychologist Nurse Other School Staff Parent

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The team must consider all factors affecting a student’s ability to receive FAPE: Evaluation data (aptitude and achievement tests) Teacher recommendations Physical condition Child’s social & cultural background Adaptive behavior Other sources of information (parents, doctors,

etc.)

Determining 504 Eligibility & Services

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504 Plan

Plan describes all services and accommodations to be provided to meet student’s individual needs

Written plan is not required, but is considered good practice and should be requested by parents

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Regular classes Regular classes with supplemental

services Special education and related

services

Types of Educational Settings

Students must be placed in regular classrooms to the maximum extent

appropriate

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Examples include accommodations and modifications such as:

Removal of physical barriers Extended time for testing Adjustment of class schedule Rest periods Use of aids (calculators, recorders,

notetakers, modified textbooks, etc.) Individualized homework assignments

Types of Supplemental Services

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Physical therapy Counseling, psychological, or social work

services Assistive technology Speech & language services Occupational therapy Medical Services Staff training

Types of Related Services

34

Section 504 also prohibits discrimination against students with disabilities in non-academic settings:

Before and after-school programs Field trips Extracurricular activities & athletics Career/guidance services Transportation

Non-Academic Services

35

What are the six steps in the 504 process, beginning with “referral”?

Who are potential members of a Section 504 team?

What is the timeline for completing a Section 504 evaluation?

Test Your Knowledge

Procedural Safeguards

37

NoticeRecords review by parent or

guardianDue process -- impartial hearing

with participation by parent and counsel

A review procedure

Procedural Safeguards

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School Districts must: Establish grievance procedures for resolving

complaints Designate a 504 Coordinator to ensure

compliance Inform parents and students about the

grievance process

504 Coordinator and Grievance Procedures

39

U.S. Department of Education Office for Civil Rights complaint (must be filed within 180 days)

Legal action in Federal Court

Additional Dispute Resolution Options

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Districts may not retaliate against individuals for: asserting rights under 504/Title II opposing disability discrimination participating in a complaint process or

hearing

No Retaliation

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What are the four types of procedural safeguards under Section 504?

Test Your Knowledge

Section 504 & Public Schools Review: Interactive Activities

Section 504 & IDEA Scenarios

Sample 504 Plans

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Section 504 & IDEA Scenarios

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Sample 504 Accommodations & Services

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Extra time to complete work Strategies for staying on task Reduced assignment length Two sets of books Supervision on outings Quiet room for tests Supervision of medication administration

Child with ADHD

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Private space and time to monitor glucose levels

Ability to eat snacks when needed Opportunity to make up work missed due

to illness Health plan that includes training staff to

administer insulin shots at school or on field trips

Child with Diabetes

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Development of emergency health plan Lunch table free from allergen (e.g. “peanut

free zone”) Ability to store safe snacks at school for

special occasions Supervision of administration of medication

Child with Severe Food Allergies

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Notetaker for class lectures Shortened homework assignments Assistive technology such as audio textbooks Extended time for tests

Child with Learning Disabilities

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Extended time for tests Supervision of administration of medication Time for appointments with

counselors/others Modified schedule Ability to take breaks in quiet setting

Child with Anxiety Disorder

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Modified schedule Movement plan to avoid stiffness Assistance with carrying (books, lunch

tray, band instruments, etc.) Assistive technology or notetaker Medication assistance

Child with Arthritis

Section 504 After High School

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Who must comply? Section 504: recipients of federal funds ADAAA:

Private employers (Title I) All state and local government programs (Title II) Public accommodations, including non-religiously

controlled colleges and universities and test agencies (Title III)

General Overview: Section 504 and Title II of the ADAAA

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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

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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

Child Care& the Americans with Disabilities Act Amendments Act (ADAAA)

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Privately run centers (including home-based centers)

All child care services provided by government agencies (like Head Start, summer school or extended day programs)

Private centers operating on the premises of a religious organization

Programs run by religious organizations are not covered unless required through contract with state or county

Child Care Programs Covered by the ADAAA

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Child Care Centers: May not discriminate

against children or persons with disabilities

Must provide equal opportunity to participate

Cannot exclude children with disabilities unless their presence would pose a direct threat or require a fundamental alteration of their program

ADAAA & Child Care Overview

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Facilities must: Make reasonable modifications to their

policies and practices Provide auxiliary aids and services needed

for effective communication with children or adults with disabilities

Make no additional charges to the parents as a result of serving their child with a disability

ADAAA Child Care Requirements

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Facilities must: Remove readily achievable barriers (even if

program does not currently serve any children or adults with disabilities)

Ensure newly built and altered facilities are fully accessible

Facilities may: Access resources such as tax credits or

deductions

Child Care Facility Accessibility

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Providers must make individualized assessments about whether they can meet the particular needs of each child and not make decisions based on generalization or stereotype

Providers should talk with the parents or guardians and other professionals who work with the child

Decision-Making Process:Accepting a Child with a Disability

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Does the child have any diseases that are communicable through the types of contact that typically occur in the child care setting?

Does the child have a specific condition that poses a direct threat?

Providers may not inquire about conditions such as AIDS or HIV infection that have not been demonstrated to pose a direct threat.

What questions can be asked?

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Higher insurance rates Need for individualized attention Service animal Medication Severe allergies Delayed speech or developmental

delays Mobility impairments Need for toileting

Unacceptable Reasons to Exclude a Child

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Provide all appropriate testing equipment, training, and special food for the child

Pay the child care center for services beyond those required by ADAAA, such as hiring licensed medical personnel to conduct complicated medical procedures

Parent Responsibilities

Resources

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ADA Amendments Act of 2008 Section 504, Title II, and Students with Disabilities in Publ

ic Schools (OCR)

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 Postsecondary

Education: A Guide for High School Educators (OCR)

Free Appropriate Public Education for Students with Disabilities: Requirements under Section 504 of the Rehabilitation Act of 1973 (OCR)

References

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OCR Complaint Processing Procedures Frequently Asked Questions About Section 504 and the Edu

cation of Children with Disabilities (OCR)

Academic Adjustments & Auxiliary Aids & Documentation (OCR)

Students with Disabilities: High School to College (OCR) Commonly Asked Questions About Child Care Centers and t

he Americans with Disabilities Act (DOJ)

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