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Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School 1.

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Presentation on theme: "Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School 1."— Presentation transcript:

1 Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School 1

2  Legal Background  After High School 2 Training Agenda

3 Legal Background 3

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 4

5 What is Section 504? 5  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

6 “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

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

8 ADA Amendments Act of 2008 (ADAAA) 8  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

9 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 9

10  Any physiological condition that affects a bodily system, or any mental or psychological disorder 504/ADAAA Disability Definition Part 1: Impairment 10

11  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 11

12 504/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 12

13 Additional Major Life Activities (Bodily Functions)  Brain  Circulatory  Endocrine  Reproductive  Neurological  Immune system  Normal cell growth  Digestive  Bowel  Bladder  Respiratory 13

14 Test Your Knowledge 14 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?

15 Section 504 After High School 15

16  Services are not received by entitlement  Students must request services and demonstrate eligibility Self-Advocacy is Critical 16

17 High SchoolCollege Eligibility Determination Evaluation conducted or paid by school district Documentation supplied by student Legal Responsibility Provide FAPEEnsure non- discrimination Procedural Safeguards Due process or OCR complaint Internal grievance or OCR complaint 17 Side-by-Side Comparison

18  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 &

19  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. 19

20  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 20 Eligibility for 504 in College

21 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 21 Student Responsibility:  Provide assessment that identifies disability and functional limitations and need for academic adjustment or auxiliary aids or services

22 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 22

23  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 23

24  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. 24

25 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 25

26 Resources 26

27  ADA Amendments Act of 2008 ADA Amendments Act of 2008  The 411 on Disability Disclosure Workbook (National Collaborative on Workforce and Disability) The 411 on Disability Disclosure Workbook  Section 504 of the Rehabilitation Act of 1973 Regulations 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) Transition of Students with Disabilities to Postsecondary Education: A Guide for High School Educators References 27

28  Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (OCR) Frequently Asked Questions About Section 504 and the Education of Children with Disabilities  Academic Adjustments & Auxiliary Aids & Documentation (OCR)  Students with Disabilities: High School to College (OCR)  Americans with Disabilities Act Questions and Answers (EEOC) Americans with Disabilities Act Questions and Answers  Section 504 and Students with Disabilities (WI FACETS) References, cont. 28

29 National OCR Headquarters: Find your regional OCR office (also listed on next slide): Complaint Information: Office for Civil Rights 29

30 Boston Office (CT, ME, MA, NH, RI, VT) (617) Chicago Office (IL, IN, IA, MN, ND, WI) (312) New York Office (NJ, NY, PR, VI) (646) Cleveland Office (MI, OH) Telephone: (216) Philadelphia Office (DE, MD, KY, PA, WV) (215) Kansas City Office (KS, MO, NE, OK, SD) (816) Atlanta Office (AL, FL, GA, TN) (404) Denver Office (AZ, CO, NM, UT, WY) (303) Dallas Office (AR, LA, MS, TX) (214) San Francisco Office (CA) (415) District of Columbia Office (NC, SC, VA, DC) (202) Seattle Office (AK, AS, GU, HI, ID, MT, NV, OR, WA, MP) (206) OCR – Regional Offices

31 Department of Justice ADA Information Line: ADA National Network of Technical Assistance Centers ADAAA Information 31


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