Transcript Section 504 of the Rehabilitation Act and Americans with Disabilities
SECTION 504 of the Rehabilitation Act
Subpart D of 504 Regulations | Civil Rights for Children and Youth with Disabilities School Level Training
Presenter
• • • • • • • • •
Not an attorney
Director, TAESE Technical Assistance Provider Special Education Teacher LEA Director School Psychologist Section 504 Coordinator General Education Teacher Educational Surrogate Parent
Section 1
Introduction
What is Section 504 Subpart D of the Section 504 Regulations and how does the law and regulations apply to schools?
• • • • Purpose—to provide practical guidance, information, and best practices ADA Amendments of 2009 Not legal advice Final word should be with the Office for Civil Rights (OCR) and your school legal services.
Disclaimer
This presentation is not intended to provide legal advice or establish policy, but practical implementation strategies. The content is for general information only and might not reflect the opinion and/or policy of the U.S. Department of Education or Office for Civil Rights (OCR).
The slides of this presentation should not be used out of context or distributed to other parties. The content of the presentation was reviewed and approved by the regional Office for Civil Rights.
Section 2
Office for Civil Rights (OCR)
What agency provides technical assistance and enforcement for Section 504 and other Civil Rights laws?
Office for Civil Rights
The Office for Civil Rights (OCR) in the U.S. Department of Education is a law enforcement agency charged with
enforcing federal civil rights laws that prohibit discrimination on the basis of race, color, national
origin, sex, disability, and age by recipients of federal financial assistance.
• • • Investigates complaints Technical assistance Collects data
Section 3
Overview of Section 504
What is the purpose of Section 504 and other civil rights laws?
Critical Laws/Regulations
• • • • • • • •
Section 504 of the Rehabilitation Act Americans with Disabilities Act (ADA) and Amendments of 2009
Individuals with Disabilities Education Act (IDEA) State special education regulations Elementary/Secondary Improvement Act (1965) Title VI and Title IX—Race/gender Family Educational Rights and Privacy Act (FERPA) OCR/OSEP Letters
Section 504 —Regulations
• • • • • • • Subpart A — General Provisions Subpart B — Employment Practices
Subpart C — Accessibility Subpart D — Preschool, Elementary, and Secondary Education Subpart E — Postsecondary Education
Subpart F — Health, Welfare, and Social Services Subpart G— Procedures
Focus of presentation—Subpart D of 504 Regulations
* Refer to handout.
Terminology
Section 504 Americans with Disabilities Act Title II
Title 34 Education, Part 104
Similar Requirements
Focus of Presentation Subpart D of 504 Regulations
• • • Requirements in regards to preschool, elementary, and secondary education
We will address student issues, not employment.
Follow the school policies and procedures.
ADA Amendments of 2009
The Americans with Disabilities Act, Amendments of 2009 created some changes to Section 504.
* Refer to OCR Q&A.
Pupose —504
Section 504 is a civil rights law aimed at discrimination. Like the sister statutes of Title VI (race) and Title IX (gender), Section 504 focuses
on discrimination based on disability.
Obligations come with receipt of federal funds.
Civil Rights
• Section 504 is often referred to as the first civil rights law for individuals with disabilities—1975. •
Section 504 applies to students, parents, employees, and other individuals with disabilities.
Civil Rights
Prior to Section 504 and the Education for All Handicapped Children Act, children were denied a free and appropriate public education.
Types of Discrimination
Disability, aging, gender, and culture are all part of human existence. We should accept and respect these realities.
disABILITY
Focus on what a person can do, not what they cannot do.
Who Must Comply?
IDEA
All public, charter, and virtual schools
Section 504
Schools that receives federal funds of any kind or any amount. This includes private, charter, and virtual schools.
ADA
Any business, governmental agency, or public accommodation other than churches or private clubs.
Discrimination
Discrimination occurs when people are treated unequally or less favorably than others because of some real or perceived characteristic. In schools, discrimination can make it difficult for students to learn because they don’t feel safe or accepted.
Discrimination
Discrimination can be… • Real • Perceived • School records * Bullying and discrimination are related.
Life is Not Fair!
• • • • Two students, one with superior academic abilities and one with low academic skills, cope with the same general curriculum and expectations.
One student has 20/20 vision while another is legally blind.
One student comes from a supportive family while another deals with the problems of a dysfunctional family.
Individuals with disabilities have a higher unemployment rate than those without disabilities.
Key Section 504 Concepts
Civil Rights Access Level Playing Field Fairness Substantial Limitation General Education Accommodations Identification
Access to Educational Programs
• • • For many years, schools thought the main responsibility under Section 504 was to make buildings accessible (ramps, curb cuts, elevators, larger restroom stalls, etc.) Within the last few years, the Office for Civil Rights has become active in assisting schools to further define access.
The definition of access means more than physical access; students may need special accommodations, such as modified assignments and behavior plans to benefit and access their educational program.
Section 504 of the Rehabilitation Act General Requirements • • • • Prohibits discrimination against any individual because of a disability. Requires physical accessibility of public buildings, including schools.
The school program must provide accommodations in the general education program to allow the identified student with disabilities to access their educational program.
Prohibits discrimination based upon a “record”
or “perception.”
Funding and Civil Rights
Civil Rights is a constitutional guarantee. Congress will never provide money to States for implementing civil rights; it’s just the right thing
to do.
“It is too bad we have to legislate civil rights.” Martin Luther King
Section 4
Section 504 Procedural Requirements
What are some major procedural requirements under Section 504 and how are they to be implemented?
Some 504 Requirements
(CFR 34.104) • • • • • • • Written Assurance 504 Coordinator—15 or more employees Public Notice Grievance Procedure Child Find Written Notice Procedural Safeguards * Refer to 504 regulations
Section 5
Section 504 Student Identification, Evaluation, Placement and Accommodations/Services
What is the process and requirements for a student to receive 504 accommodations/services?
Understand the 3 prongs relating to 504 identification.
FAPE and 504 | (CFR 34: 104.33)
Under Section 504, “free appropriate public education” is defined as “the provision of general or special education and related services that are designed to meet the individual educational needs” of a disabled student as the needs of non-disabled students are met. A Section 504 Plan, therefore, can address such issues as health care, behavioral, instructional, and educational services and accommodations.
Procedural Safeguards | (CFR 34.104.36) Once identified, the student and parent are entitled to all of the procedural protections of the law/regulations—notice, consent, team meetings, manifestation determinations, due process hearings, etc. Identification = Procedural Safeguards Protections
Prong 1
Section 504 Identification Criteria
3 Prongs
Identification, Evaluation, & Eligibility
Prong 2
Record
Prong 3
Perception
Section 504 Identification Criteria
Prong 1 The individual has a physical or mental impairment that substantially limits one or more of a person’s major life activities.
Walking Breathing Learning Reading Concentrating Thinking Communicating Bending
Seeing Speaking Eating Hearing Lifting Standing Sitting Working
Reaching Sleeping Performing manual tasks Caring for one’s self Interacting with others Operation of a bodily function Other ____________________
* Determined through an evaluation and a school team that includes the parents.
* Many relate to “employment.”
Impairment or Disability
There are many more people with “impairments” than there are people with “disabilities.” The difference lies in the effect the impairment has on the person. If the impairment causes a “substantial limitation” of “major life activity” then the person has a “disability.” If the impairment does not “substantially limit” the person, then it is an impairment—not a disability.
How Does Section 504 Fit?
Big Picture
All students within the school
Students with Impairments 504 Impairments Substantial Limitation IDEA 13 Disabilities
Evaluation and 504
Although a 504 evaluation may include formal assessment, it is not required. Only an “evaluation” sufficient to provide information to determine the existence of a disability under Section 504 need be obtained. An “evaluation” under Section 504 could consist of a meeting to examine all existing data, including observational data, to determine whether it is sufficient to support a determination that the student is/is not disabled under Section 504. (34 CFR 104.35)
Determining Identification
(34 CFR 104.35(c)) Three steps are required in interpreting evaluation data and in making placement decisions. A school shall: draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior establish procedures to ensure that information obtained from all such sources is documented and carefully considered ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of evaluation data, and the placement options.
* A medical diagnosis only is not sufficient.
Three Standards for Determining Section 504 Identification Good evaluation data Variety of sources A team knowledgeable about the student, including the parent Individual(s) on the team knowledgeable about the disability
Related Services
Many students under Section 504 might • • • • only need a related service.
School counseling School nurse services Transportation Other
Public Schools Increased Numbers
Obesity Asthma Traumatic Brain Injury Diabetes Allergies
Prong Two “Has a record of such an impairment”
Possible Discrimination
There are times when a student can experience discrimination based on their school record.
Prong Three Is regarded as having such an impairment — Perception—
Remember Ryan White
Contracted HIV though a blood transfusion.
Definition Issue
NOTE:
The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having an impairment” are relevant
only when some negative action is taken based on
the perception or record. “This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered.”
(OCR Policy Memorandum, August 3, 1992).
Section 6
Section 504: Suggested Identification Process
What are the best practices of a Section 504 identification process?
School Policy and Practices
Suggested 504 Process
1. At Risk Program 7. Review
Periodically review and revise plan.
• Building Level Support Teams • Interventions and modifications not successful
6. Evaluate Plan
Collect data and monitor to determine effectiveness of accommodations.
5. Implement Plan
Areas of accommodation could include: • Academic • Health care • Physical • Behavioral • Training • Placement
4. Developing Section 504 Plan
• Accommodation plan • Possible membership • Parent(s) • Teacher(s) • Principal • School counselor • School nurse • Others, as needed
2. Referral/Evaluation
• Complete referral • Notice/consent • Formal and informal evaluations.
3. Identification
• Section 504 committee • Has a mental or physical disability that substantially limits a major life activity.
• Meets criteria.
• Assign case manager.
John Copenhaver, MPRRC, 1999
Section 7
Comparison of Section 504 with Special Education
What are some similarities and differences between special education IDEA and Section 504?
Comparison
Age Range IDEA
Birth to 21 years* * Varies by State.
Section 504
Birth to death
ADA
Birth to death
Comparison
Area of Comparison Type Section 504/ADA
Civil Rights
Responsibility
General Education (shared)
Special Education
Education Special Education (shared)
Comparison
Area of Comparison Administrator Funding Section 504/ADA Special Education
Section 504/ADA Coordinator School Responsibility Special Education Director Local, State, and Federal
Comparison
Area of Comparison Enforcement Identification Evaluation Section 504/ADA Special Education
Office for Civil Rights (OCR) Office of Special Education Programs (OSEP) Evaluated and currently has physical/mental disability that substantially limits a major life activity Required for identification Must qualify under one of the 13 disability categories Required for eligibility
Comparison
Area of Comparison FAPE Service Tool Team Reevaluation Section 504/ADA
Periodically
Special Education
General education accommodations, special education, and/or related services Accommodation Plan and/or written documentation Must be eligible and need special education; then related services can be added if they are necessary.
Individual Education Program Section 504 Team IEP Team Every 3 years
Comparison
Area of Comparison Least Restrictive Environment Attention Deficit Disorder Section 504/ADA Special Education
Based upon the Section 504 Plan and unique needs of the student Is identified if the disability substantially limits a major life activity Based upon the IEP and unique needs of the student Could be served under the categories of LD, OHI, ED, or TBI.
Comparison
Area of Comparison Grievance Procedure Postsecondary Section 504/ADA Special Education
Requires a grievance procedure to deal with discrimination issues.
Services are provided if eligibility is determined.
Grievance procedure not required. Complaints can be file with the State.
Services end at high school graduation or age ceiling.