Transition to Work and School: Legal Rights under IDEA and Section 504 Annika Pollock, Attorney at Law Dussault Law Group annikap@dussaultlaw.com (206) 324-4300

Overview of Presentation Introduction to ADA, 504 and IDEA Comparison of 504 and IDEA Transition under IDEA Transition and College under 504 Comparison of IDEA/504 Services in High School vs. College Transition Resources

1. Introduction to ADA, 504 and IDEA

The Americans with Disabilities Act (ADA) The ADA passed in 1990 – the first comprehensive civil rights law for people with disabilities Includes all state and local programs – not just programs that receive federal dollars

Section 504 of the Rehabilitation Act of 1973 (as amended) Protects individuals with disabilities in programs and/or activities receiving federal funding Includes students with disabilities in public schools and Institutions of Higher Education (IHEs) that are non-religiously controlled colleges and universities Has a broader definition of “disability” than IDEA

The Individuals with Disabilities Education Act (IDEA) Civil Rights and Education Act Enacted in 1975 as the Education for All Handicapped Children Act Most recently amended in 2004 Disability is defined by specific categories outlined in federal regulations “Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

ADA Amendments and Section 504 The ADA Amendments Act of 2008 impacts implementation of Section 504 While definition of disability did not change, the interpretation is now more inclusive More young adults with learning disabilities will be covered under 504 Definition: An individual: With a physical or mental impairment that substantially limits one or more major life activities; Who has a record of such an impairment; or Who is regarded as having such impairment

Some Changes to Interpretation of ADA’s Definition of Disability “substantially limits” – impairments that are episodic in nature or in remission must be considered at the time they are active “major life activity” – expanded (e.g., used to include “learning” - now includes “reading”, “concentrating” and “thinking”)

Core principles of IDEA Comparison of IDEA and 504 FAPE: At public expense In conformity with the rules and procedures Full educational opportunity and benefit In a public school setting Assistive technology Physical education Extended School Year Residential placement Same program options as nondisabled children, including music, art, industrial arts, consumer sciences, and vocational education 9

Core Principles of 504 Full Participation Removal of barriers to general education Reasonable accommodations (modifications without the fundamental alteration of the nature of the program) Free Appropriate Public Education (FAPE) means “comparable” education – any opportunities afforded students without disabilities must be provided to students with disabilities FAPE: At public expense In conformity with the rules and procedures Full educational opportunity and benefit In a public school setting Assistive technology Physical education Extended School Year Residential placement Same program options as nondisabled children, including music, art, industrial arts, consumer sciences, and vocational education 10

Core Principles of IDEA Individualized Education – Implemented through the Individualized Education Program (IEP) FAPE- Includes the provision of specially designed instruction and related services Least Restrictive Environment (LRE) – Inclusion in regular education classroom FAPE: At public expense In conformity with the rules and procedures Full educational opportunity and benefit In a public school setting Assistive technology Physical education Extended School Year Residential placement Same program options as nondisabled children, including music, art, industrial arts, consumer sciences, and vocational education

Comparison of IDEA and Section 504 Provision IDEA 504 Purpose Federal Statute ensuring FAPE for children with disabilities. Civil rights law protecting rights of people with disabilities in any school, institution or public agency receiving federal money. Who is Protected? School age students whose disability adversely impacts ability to benefit from general ed (Part B covers age 3 through 21) All individuals with disabilities are protected from discrimination based solely on disability (there is no age limitation) Services Additional and individualized supports including adaptation of instruction Requires elimination of barriers to full participation. Includes use of accommodations to provide equal access Planning Documents Individualized Education Plan (specially designed instruction) 504 Plan (e.g.: instructional accommodations)

3. Transition under IDEA History of transition services in IDEA IEP meeting attendance IEP transition planning Statement of transition services

History of Transition in IDEA 1990 Amendments – First added transition services to the IEP 1997 – Requirements significantly broadened IDEA 2004 – Revised again, with emphasis on post-school outcomes, including post-secondary goals.

IEP Team Participants IEP TEAM * *Student must be invited to transition planning meeting

IEP - Transition Services IDEA 2004 - increased emphasis on need for transition planning Transition Plan created and must contain: measurable postsecondary goals statement of transition services Must begin planning at age 16 Updated annually

Statement of Transition Services Focuses on improving academic and functional achievement Facilitates movement from school to post-school postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation Accounts for student’s individual strengths, preferences, and interests Includes: instruction, related services, community experiences, development of employment, post-school living objectives, and acquisition on daily living skills Functional vocational evaluation

4. Transition under Section 504 College

Section 504 - Transition Again, applies to all federally funded programs including school districts Less instructive on transition than IDEA Students covered under 504 can access transition services through DVR

Section 504 - College More variation in implementation of law in each IHE Educational support services accessed through the disability services office of each college campus IHEs are mandated by 504 and ADA to provide access to their support programs to ALL students All universities will have different types of services Student Responsibility – students must disclose disabilities to IHEs if they want accommodations Students have to provide documentation of disabilities to the disability services office

5. Comparison of IDEA/504 Services in High School vs. College Education is a right and FAPE must be provided in school Education is not a right in college - students must meet admission requirements under ADA/504 Both IDEA and 504 require schools to identify and locate students with disabilities (includes free testing, transportation and related services) Students must self-identify, provide evaluation and support needs, get to school and obtain needed support services on their own in college

Comparison of IDEA/504 Services in High School vs. College, cont’d Planning Methods in School: IEPs and 504 Plans Planning at IHEs: Students choose coursework and are provided academic adaptations and other modifications - 504 Plans may be written Student disability services offices exist to facilitate student support needs in IHEs

6. Transition Resources Division of Vocational Rehabilitation (DVR) Client Assistance Program (CAP) Other resources

Washington State Division of Vocational Rehabilitation (DVR) “DVR believes employment contributes to a person’s ability to live independently and everyone has a right to work. Our mission is to empower people with disabilities to achieve a greater quality of life by obtaining and maintaining employment. “ “As a division of the Department of Social and Health Services, with offices located throughout Washington, DVR has partnered with communities for over 70 years to help meet the employment needs of people with disabilities and employers.”* *For further information: www.dshs.wa.gov/dvr/

What does DVR provide? Transition Services Vocational Assessment Services Counseling with a rehabilitation counselor Job-match, job placement and follow-up counseling Instruction on how to prepare for a job interview, create a resume On-the-job training and vocational education or classroom training Rehabilitation technology-customized devices and equipment and training Costs of tuition, transportation, independent living and other disability-related expenses

Utilizing DVR for transition planning Contact DVR office closest to your residence Ask for assistance in creating a career goal – including attending college Counselor liaison for every HS in Washington Liaison should come to the school and meet with the teachers, student and parents (if under the age of 18) DVR can help create an IPE (Individual Plan for Employment) DVR can assist in writing a letter of agreement (outlining accommodations) to disability services office of college

Client Assistance Program (CAP)* The Washington State Client Assistance Program (CAP) is a private non-profit organization CAP is an advocacy program with the following services: Provides information about the Division of Vocational Rehabilitation (DVR), the Department of Services for the Blind (DSB), Projects with Industry (PWI), and Independent Living Programs (ILP’s) CAP staff will explain your rights and responsibilities as an applicant or client of these rehabilitation agencies CAP staff will work to solve problems through mediation and negotiation *Information from www.washingtoncap.org

Resources The National center for Learning Disabilities: www.LD.org/ParentBriefs Transition Timeline – “To Do” List: www.vacollegequest.org/charting/transitiontimeline.shtml

Disclaimer/Notice This training and written materials are designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the presenters are not engaged in rendering legal, financial or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Be advised that all written materials and power point slides are the intellectual property of the Dussault Law Group. These materials may not be distributed without the express written consent of the author.

Thank You! Annika Pollock Attorney at Law Dussault Law Group annikap@dussaultlaw.com (206) 324-4300