1. SECTION 504 OF THE REHABILITATION ACT A presentation of the Center for Independence of the Disabled, New York - Queens 1(c) CIDNY 2011, Section 504 of the Rehabilitation Act

2. What is Section 504 of the Rehabilitation Act? Section 504 is a federal civil rights law that makes it against the law to discriminate because of disability. 2(c) CIDNY 2011, Section 504 of the Rehabilitation Act

3. Higher Education Today, we will be talking about higher education and how someone with a disability is protected by Section 504 of the Rehabilitation Act. (c) CIDNY 2011, Section 504 of the Rehabilitation Act3

4. Who is a person with a disability? The legal definition under Section 504 of the Rehabilitation Act is Someone with a mental or physical impairment that substantially limits one or more major life activity; Someone who has a record of such an impairment; or Someone who is regarded as having such an impairment. (c) CIDNY 2011, Section 504 of the Rehabilitation Act4

5. What is an impairment? Any disability, long-term illness or disorder that makes it hard to learn in school or other institution, or that makes it hard to access services. The condition does not have to be obvious. (c) CIDNY 2011, Section 504 of the Rehabilitation Act5

6. What are examples of impairments? Deafness Blindness Bipolar disorder Chronic depression Paraplegia AIDS Cancer (c) CIDNY 2011, Section 504 of the Rehabilitation Act6

7. What does “substantially limits” mean? It depends on the kind of disability you have and how much it gets in the way of your ability to learn. Your abilities must be compared to students of the same age who do not have disabilities. When your ability to learn is looked at, you can take your medication or use accommodations that you use in your everyday life (material in large print, an interpreter, extra time, a quiet place). (c) CIDNY 2011, Section 504 of the Rehabilitation Act7

8. What are examples of major life activities? walking; seeing; speaking; thinking; concentrating; interacting with others; caring for yourself; and learning (c) CIDNY 2011, Section 504 of the Rehabilitation Act8

9. What does “record of an impairment” mean? This means you a doctor has examined you and says you have a disability. You have documents that say you are disabled. (c) CIDNY 2011, Section 504 of the Rehabilitation Act9

10. What does “regarded as having an impairment” mean? When someone thinks another person has a disability but they do not. Example: Someone thinks that a person who is Gay must be HIV positive. (c) CIDNY 2011, Section 504 of the Rehabilitation Act10

11. What do I do if I need a reasonable accommodation at school? Ask for help at your school’s Office for Students with Disabilities. Tell them you have a disability. Bring medical proof of your disability. Ask for the reasonable accommodation you need. (c) CIDNY 2011, Section 504 of the Rehabilitation Act11

12. What are some examples of reasonable accommodations? Extended time on tests or assignments; Private rooms for tests or assignments; Note taker; Books on tape; Computer-aided instruction; Large print; Accessible classroom locations, etc. (c) CIDNY 2011, Section 504 of the Rehabilitation Act12

13. What must schools do to follow this law? Schools must: have written policies for and ways to work with students with disabilities; look at each student’s needs based on their disability; give students with disabilities equal opportunity to compete with non-disabled students. (c) CIDNY 2011, Section 504 of the Rehabilitation Act 13

14. When is a student not allowed to be in a classroom? When the student is disruptive and affects other students’ ability to learn. When the accommodation asked for creates undue hardship or basic changes to the classroom. (c) CIDNY 2011, Section 504 of the Rehabilitation Act14

15. What can you do if you cannot get a reasonable accommodation? Ask to see your school records and reasons for not giving you an accommodation. Request an impartial hearing. Have an attorney or representative with you at the hearing. File a complaint with the school’s 504 coordinator. File a complaint with your regional office of civil rights. (c) CIDNY 2011, Section 504 of the Rehabilitation Act15

16. Who to call at the Office of Civil Rights Michael Carter, Regional Manager Office of Civil Rights U.S. Dept. of Health and Human Services Jacob Javits Federal Building 26 Federal Plaza – Suite 3312 New York, NY 10278 212-264-3313 (c) CIDNY 2011, Section 504 of the Rehabilitation Act16

17. For more questions or help CIDNY – Queens 137-02A Northern Blvd Flushing, NY 11354 (646) 442-1520 (Tel) (866) 948-1064 (VP), (718) 886-0427 (TTY) www.cidny.org (c) CIDNY 2011, Section 504 of the Rehabilitation Act17