Section 504 / ADA. Americans With Disabilities Act (ADA) A civil rights law enacted in 1990; A civil...

Section 504 / Section 504 / ADAADA

Americans With Americans With Disabilities ActDisabilities Act

((ADAADA))

A civil rights law enacted in 1990;A civil rights law enacted in 1990;

Prohibits discrimination against Prohibits discrimination against persons with disabilities in the areas persons with disabilities in the areas of accessibility, employment, public of accessibility, employment, public services, public accommodations, services, public accommodations, transportation, and communication.transportation, and communication.

Section 504 Section 504 of the Rehabilitation Actof the Rehabilitation Act

Federal regulations enacted in 1973;Federal regulations enacted in 1973;

Prohibits discrimination against any Prohibits discrimination against any individuals with disabilities by individuals with disabilities by agencies receiving federal financial agencies receiving federal financial assistance;assistance;

Section 504Section 504of the Rehabilitation Actof the Rehabilitation Act

For many years, the main area of For many years, the main area of enforcement of Section 504 has been enforcement of Section 504 has been employment issues for individuals employment issues for individuals with disabilities. However, the Office with disabilities. However, the Office for Civil Rights (OCR) has become for Civil Rights (OCR) has become more active in the provisions of more active in the provisions of Section 504 regarding the education Section 504 regarding the education of students with disabilities.of students with disabilities.

Section 504/ADASection 504/ADA

Like other statutes of Title VI (race) Like other statutes of Title VI (race) and Title IX (gender), Section and Title IX (gender), Section 504/ADA focuses on discrimination 504/ADA focuses on discrimination based on disability;based on disability;

All programs or activities of the All programs or activities of the school are covered by Section school are covered by Section 504/ADA obligations;504/ADA obligations;


Section 504, while intended to be Section 504, while intended to be consistent with the Individuals with consistent with the Individuals with Disabilities Education Act (IDEA), is more Disabilities Education Act (IDEA), is more encompassing;encompassing;

All individuals who receive special All individuals who receive special education and related services under IDEA education and related services under IDEA are also considered to be qualified are also considered to be qualified individuals under Section 504.individuals under Section 504.


However, all individuals who qualify However, all individuals who qualify for Section 504 services may not for Section 504 services may not qualify for special education under qualify for special education under IDEA.IDEA.


Section 504 covers all students who Section 504 covers all students who have a physical or mental disability have a physical or mental disability that substantially limits one or more that substantially limits one or more major life activities, including, but not major life activities, including, but not limited to, limited to, learninglearning;;

Section 504 also covers school Section 504 also covers school employees and others with disabilities.employees and others with disabilities.


All costs are the obligation of the All costs are the obligation of the general school budget, as general school budget, as no state or no state or federal fundingfederal funding is provided to assist is provided to assist in complying with Section 504.in complying with Section 504.

Section 504/ADASection 504/ADA A person may be considered disabled under A person may be considered disabled under the definition of Section 504/ADA if he/she:the definition of Section 504/ADA if he/she:

Has a mental or physical impairment that Has a mental or physical impairment that substantially limits one or more of such substantially limits one or more of such person’s major life activities and impacts person’s major life activities and impacts the student’s educational program;the student’s educational program;

Has a record of such an impairment;Has a record of such an impairment;

Is regarded as having such an impairment.Is regarded as having such an impairment.

Section 504/ADASection 504/ADA“Major Life Activities” include:“Major Life Activities” include:

Caring for one’s selfCaring for one’s self

WalkingWalking

SeeingSeeing

SpeakingSpeaking

learninglearning

Performing manual Performing manual taskstasks

HearingHearing

BreathingBreathing

workingworking

Section 504/ADASection 504/ADA“Major Life Activities”“Major Life Activities”

When a condition does not substantially When a condition does not substantially limit a major life activity, the individual limit a major life activity, the individual does not qualify for services under Section does not qualify for services under Section 504/ADA;504/ADA;

The condition must impact the child’s The condition must impact the child’s educational program.educational program.

Section 504/ADASection 504/ADAExamples of Examples of

DiscriminationDiscrimination A student with a disability is denied A student with a disability is denied

recognition on the honor roll recognition on the honor roll because one of his/her classes is in because one of his/her classes is in the special education resource room;the special education resource room;

A student is expelled from school for A student is expelled from school for misbehavior that is related to his/her misbehavior that is related to his/her disability;disability;


DiscriminationDiscrimination The school refuses to provide a student The school refuses to provide a student

with a disability with bus transportation with a disability with bus transportation that is as short in duration (within reason) that is as short in duration (within reason) as that provided to students without as that provided to students without disabilities;disabilities;

The school refuses to allow a student with The school refuses to allow a student with a disability the opportunity to audition for a disability the opportunity to audition for athletic teams, cheerleading, or other athletic teams, cheerleading, or other extracurricular activities;extracurricular activities;


DiscriminationDiscrimination The school denies course credit to a The school denies course credit to a

student who is passing a class, but whose student who is passing a class, but whose absenteeism is the result of a disability;absenteeism is the result of a disability;

The school refuses to dispense medication The school refuses to dispense medication to a student who needs it to benefit and to a student who needs it to benefit and have access to the educational program;have access to the educational program;


DiscriminationDiscrimination The high school counselor fails to provide The high school counselor fails to provide

information about the special provisions of information about the special provisions of college board exams to students with college board exams to students with disabilities;disabilities;

The school refuses to provide a modified The school refuses to provide a modified adaptive physical education program for a adaptive physical education program for a student who is obese and cannot student who is obese and cannot participate in regular physical education;participate in regular physical education;


DiscriminationDiscrimination The school does not provide an The school does not provide an

interpreter for a parent who is deaf interpreter for a parent who is deaf to attend a school meeting regarding to attend a school meeting regarding his/her child;his/her child;

Section 504/ADASection 504/ADASeven SubpartsSeven Subparts

General Provisions General Provisions **

Employment Practices * Employment Practices *

Program Accessibility Program Accessibility **

Preschool, Elementary, Preschool, Elementary, and Secondary Educa-and Secondary Educa-tion Requirements tion Requirements **

Post Secondary Post Secondary Education Education RequirementsRequirements

Health, Welfare, and Health, Welfare, and

Social ServicesSocial Services

ProceduresProcedures

** particularly relevant particularly relevant for schoolsfor schools

Section 504/ADASection 504/ADASubpart A: General Subpart A: General

ProvisionsProvisions Outline the nondiscriminatory Outline the nondiscriminatory

responsibilities of public schools;responsibilities of public schools;

Establish that no person, on the basis of a Establish that no person, on the basis of a disability, shall be excluded from disability, shall be excluded from participation in, be denied the benefits of, participation in, be denied the benefits of, or be subjected to discrimination under or be subjected to discrimination under any program that benefits from federal any program that benefits from federal funding or is a public entity.funding or is a public entity.


ProvisionsProvisionsAll schools must comply with the All schools must comply with the

followingfollowing::

Provide written assurances of nondiscrimi-Provide written assurances of nondiscrimi-nation when applying for federal funds;nation when applying for federal funds;

Take steps to eliminate discrimination Take steps to eliminate discrimination against individuals with disabilities;against individuals with disabilities;

Appoint a 504/ADA coordinator for schools Appoint a 504/ADA coordinator for schools with 15 or more employees to coordinate with 15 or more employees to coordinate efforts to comply with these laws;efforts to comply with these laws;



followingfollowing::

Develop an ongoing process to locate and Develop an ongoing process to locate and identify children who are not receiving identify children who are not receiving services;services;

Provide public notice regarding non-Provide public notice regarding non-discrimination and responsibilities;discrimination and responsibilities;



following:following:

Develop a grievance procedure to resolve Develop a grievance procedure to resolve discrimination claims;discrimination claims;

Conduct a self-evaluation of their programs Conduct a self-evaluation of their programs and activities to ensure facilities are and activities to ensure facilities are accessible and discriminatory practices are accessible and discriminatory practices are eliminated.eliminated.

Section 504/ADASection 504/ADASubpart B: Employment Subpart B: Employment

PracticesPractices No qualified person shall, on the basis of No qualified person shall, on the basis of

his/her disability, be subjected to his/her disability, be subjected to discrimination in employment by any discrimination in employment by any program or agency that receives federal program or agency that receives federal funds or is a public entity;funds or is a public entity;

The school must make reasonable The school must make reasonable accommodations for qualified applicants or accommodations for qualified applicants or employees with known physical and mental employees with known physical and mental impairments, unless the accommodation impairments, unless the accommodation would impose an undue hardship on the would impose an undue hardship on the operation of the school’s program.operation of the school’s program.


PracticesPracticesFactors to consider in DeterminingFactors to consider in Determining

““Undue HardshipUndue Hardship”” The overall size of the The overall size of the

school’s program with school’s program with respect to the number respect to the number of employees, number of employees, number and type of facilities, and type of facilities, and size of budget;and size of budget;

The nature and cost of The nature and cost of the accommodation the accommodation needed;needed;

The type of the The type of the school’s operation, school’s operation, including the including the composition and composition and structure of its structure of its workforce;workforce;

The burden of proof is The burden of proof is always on the school.always on the school.


PracticesPracticesFactors to consider in DeterminingFactors to consider in Determining

““Undue HardshipUndue Hardship”” Undue hardship cannot be used in relation Undue hardship cannot be used in relation

to providing eligible children with a free to providing eligible children with a free appropriate public education;appropriate public education;

Like special education (IDEA), lack of funds Like special education (IDEA), lack of funds cannot be used as an excuse for not cannot be used as an excuse for not providing services.providing services.

Section 504/ADASection 504/ADASubpart C: Program Subpart C: Program

AccessibilityAccessibility No individual with a disability shall be No individual with a disability shall be

denied the benefits of, be excluded from denied the benefits of, be excluded from participation in, or be otherwise subjected participation in, or be otherwise subjected to discrimination under any program or to discrimination under any program or activity activity because facilities are inaccessible because facilities are inaccessible or unstableor unstable;;

Building and program accessibility is Building and program accessibility is applicable to applicable to anyany individual with individual with disabilities accessing disabilities accessing anyany activities or activities or programs in that school building;programs in that school building;


AccessibilityAccessibility One example of a reasonable One example of a reasonable

accommodation for a student, parent, or accommodation for a student, parent, or school employee with a disability would be school employee with a disability would be the relocation of a class, activity, or the relocation of a class, activity, or service to an accessible site;service to an accessible site;

Facility alteration or new construction is Facility alteration or new construction is required to achieve program accessibility required to achieve program accessibility only if sufficient relocation of classes, only if sufficient relocation of classes, activities, or services cannot occur in an activities, or services cannot occur in an existing facility;existing facility;


AccessibilityAccessibility In meeting the objective of program In meeting the objective of program

accessibility, the school must take accessibility, the school must take precautions not to isolate or concentrate precautions not to isolate or concentrate students with disabilities in settings away students with disabilities in settings away from students without disabilities;from students without disabilities;

Priority consideration should be given to Priority consideration should be given to offering services in the most appropriately offering services in the most appropriately integrated setting.integrated setting.

Section 504/ADASection 504/ADASubpart D: Requirements for Subpart D: Requirements for Preschool, Elementary, Middle Preschool, Elementary, Middle

Level, Junior High, and Secondary Level, Junior High, and Secondary EducationEducation

Schools must take into account the needs Schools must take into account the needs of qualified persons with disabilities in of qualified persons with disabilities in determining the aid, benefits, or services determining the aid, benefits, or services to be provided under these programs or to be provided under these programs or activities;activities;

The school must provide a free The school must provide a free appropriate public education to students appropriate public education to students with disabilities in its jurisdiction who are with disabilities in its jurisdiction who are eligible under Section 504/ADA;eligible under Section 504/ADA;



Instruction must be Instruction must be individually designedindividually designed to meet the needs of those students as to meet the needs of those students as adequately as the needs of students adequately as the needs of students without disabilities;without disabilities;

An “appropriate education” under Section An “appropriate education” under Section 504/ADA requires that the services be 504/ADA requires that the services be effectiveeffective and and equalequal;;



Although Section 504/ADA does not Although Section 504/ADA does not require schools to develop an Individual require schools to develop an Individual Education Program (IEP) with annual goals Education Program (IEP) with annual goals and objectives, it is required that the and objectives, it is required that the school provide written documentation for school provide written documentation for each 504/ADA eligible student;each 504/ADA eligible student;



If the Student Intervention Team suspects a If the Student Intervention Team suspects a need for accommodation, a referral should need for accommodation, a referral should be made, evaluations conducted, and be made, evaluations conducted, and possible eligibility determined by a team possible eligibility determined by a team knowledgeable about the student;knowledgeable about the student;

If the student is eligible, the team might If the student is eligible, the team might develop a Section 504 Accommodation Plan;develop a Section 504 Accommodation Plan;



The quality of educational services provided The quality of educational services provided to students with disabilities must be to students with disabilities must be equivalent to the services provided to equivalent to the services provided to students without disabilities;students without disabilities;

Teachers, administrators, staff, and parents Teachers, administrators, staff, and parents should receive ongoing training in the should receive ongoing training in the instruction of individuals with disabilities instruction of individuals with disabilities and be knowledgeable about the disability, and be knowledgeable about the disability, appropriate materials, and equipment;appropriate materials, and equipment;



The Section 504/ADA coordinator will be The Section 504/ADA coordinator will be responsible to develop and implement responsible to develop and implement staff and parent training;staff and parent training;

The school staff and parents should The school staff and parents should collaborate to help guarantee that collaborate to help guarantee that students are provided with necessary students are provided with necessary accommodations;accommodations;



Section 504/ADA falls under the Section 504/ADA falls under the management of general educationmanagement of general education;;

A student found to have a disability A student found to have a disability under Section 504/ADA should be under Section 504/ADA should be served by the resources provided served by the resources provided through general education;through general education;



The exception to this standard is a student The exception to this standard is a student who has been determined eligible as who has been determined eligible as having a disability under the Individuals having a disability under the Individuals with Disabilities Education Act (IDEA);with Disabilities Education Act (IDEA);

Such a student could receive special Such a student could receive special education services under IDEA education services under IDEA andand accommodations required under Section accommodations required under Section 504/ADA;504/ADA;



Many schools will include the Section 504 Many schools will include the Section 504 accommodations on the IEP, rather than accommodations on the IEP, rather than developing two separate documents.developing two separate documents.



Best Practice - Best Practice - Every attempt should be Every attempt should be made to resolve any differences between made to resolve any differences between the school and parents before a complaint the school and parents before a complaint is filed or the Office for Civil Rights is is filed or the Office for Civil Rights is contacted;contacted;

Mediation is an excellent technique to Mediation is an excellent technique to resolve differences.resolve differences.


Level, Junior High, and Secondary Level, Junior High, and Secondary

EducationEducation 504/ADA 504/ADA In summary, it is important to remember In summary, it is important to remember

that some students who have physical or that some students who have physical or mental impairments that substantially limit mental impairments that substantially limit their ability to participate in the education their ability to participate in the education program are entitled to accommodations program are entitled to accommodations under Section 504/ADA under Section 504/ADA even thougheven though they they may not fall into special education may not fall into special education categories and be covered by the special categories and be covered by the special education law.education law.

Section 504 / ADA. Americans With Disabilities Act (ADA) A civil rights law enacted in 1990; A civil...

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