1. What other laws protect students with disabilities?
Going Beyond IDEA
KC: Hi, I’m Kerry Chilton.
KE: And I’m Kalena Ek. We’re staff attorneys with the disAbility Law Center of Virginia, and today we’d like to talk with you about Section 504 and the ADA, who other laws besides the IDEA that protects students with disabilities.
What other laws protect students with disabilities?

2. Section 504: What is it? Part of the Rehabilitation Act of 1973
Prohibits discrimination on the basis of disability
Disability must “substantially” limit a major life activity
Anyone can refer a student for evaluation
If parent request an evaluation and school denies, school must provide parents with notice of their procedural rights
Evaluation team must be people who know the child, understand the data, and are aware of placement options. Parents do not have to be included.
Testing does not have to be formalized
KC: Section 504 is part of the Rehabilitation Act of This law prohibits any program or activity that receives federal money from discriminating against individuals with disabilities. So this law applies to all public schools. For a person to be protected by Section 504, their disability must substantially limit a major life activity. Learning is considered a major life activity. Many other activities also fall under this such as speaking and walking. So for students whose disability “substantially” reduces or limits their ability to access learning or any other part of the educational program, Section 504 protections apply. Access to learning could be limited in many ways such as physical or cognitive limitations.
The process for determining eligibility is similar to IDEA in that it starts with a referral. The referral can by made by any person, such as a parent, teacher, or even mentor. Requests must be made in writing and should be directed to the 504 coordinator. Parents can ask the principal, if they are unsure who serves this role in their child’s school division. If a parent requests an evaluation and the school denies this request the school must notify the parents of their ability to dispute the denial. The “team” evaluating the child must include people who know the child, can understand the data, and who are aware of programs and placement options available. Unlike IDEA, Section 504 does not require specific types of individuals to be on this team. Section 504 also does not require parents to be part of the decision making team. Evaluations do not have to consist of formalized testing and can be a review of various sources of information such as educational or health records and teacher recommendations.

3. What Protections Exist Under Section 504 in Public Schools?
Student is entitled to accommodations based on individualized need
No guarantee of “good grades”, but must be provided an equal opportunity to compete with non-disabled peers
Special discipline protections for school removals greater than 10 school days
LRE
Rights apply to all aspects of the school programming including extracurriculars, transportation, counseling, and health services.
KE: Eligible students are entitled to a Free and Appropriate Public Education or FAPE. A FAPE is achieved through providing accommodations, modifications, or services based on a student’s individualized needs. There is no guarantee of good grades, or even passing grades, but the school must provide the student with an equal opportunity to access the curriculum as his non-disabled peers.
Some students served under 504 may have behavior management plans. These plans must be followed in disciplining the student and if they are not, this can constitute a denial of FAPE. Also, when discipline creates a significant change in placement, students are entitled to a manifestation determination review. The Office of Civil Rights considers a removal from school for more than 10 school days a significant change in placement.
Students served under 504 must be educated in the least restrictive environment or LRE. This is the same requirement that exists under IDEA. For more information on LRE please see the information on our website related to IEPs.
Finally, it is important to note that 504 protections apply to all aspects of the school programming such as extracurricular activities, gym, and transportation.

4. What is a Section 504 Plan?
Formal plans that outline the accommodations, modifications, or services eligible students need
Can include things like extra time on exams, speech therapy, short breaks. Modifications such as fewer homework assignments are permissible, but are not often part of a 504 plan
Schools are not required to create a written 504 plan
No rules on what a 504 plan must include
Students must be periodically reevaluated
KC: Often, but not always, students eligible for Section 504 protections have a written 504 plan. This plan generally lists what accommodations, modifications, and services a child needs to access the curriculum. This can include things like extra time on exams, therapies, and short breaks. Modifications to the coursework such as fewer homework assignments, are seen less often in 504 plans, but are still permissible under the law. Schools are not required to create a written 504 plan and there are no rule on what a 504 plan must include. Students must be reevaluated to make sure they are still eligible periodically.

5. Section 504 v. IDEA
Section 504 plans do not provide specially designed instruction
Fewer procedural protections
No required annual reviews
No necessary 504 team members
No timeline for completion of evaluations
No right to an IEE under Section 504
KE: Section 504 and IDEA share some basic concepts. Both are designed to provide accommodations, modifications, or services to students with disabilities to enable them to receive a FAPE. Additionally, what schools agree to provide, must be based on a child’s individualized needs. One major difference between IDEA and Section 504 is that IDEA is designed for students who need specialized instruction in order to receive FAPE. So a student who has a vision impairment and only needs materials in large print to access the curriculum would not be eligible for IDEA protections.
Additionally, IDEA provides many more procedural protections to parents and students, while Section 504 leaves more to the discretion of a school division. For example, Section 504 does not require annual reviews of the 504 plan and does not outline specific members who must be part of the 504 team. Section 504 does not have a timeline by which evaluations need to be completed. Parents also have no right for the school to pay for an independent educational evaluation under Section 504. One of the most significant differences in regards to parental rights is the parent’s role in 504 evaluation and planning. Unlike IDEA, Section 504 does not list a student’s parent as a member of the team evaluating a student or developing their 504 plan. However, schools are allowed to make parents part of these teams, and it is best practice to include parents in these processes.
Schools are not required to invite parents to 504 evaluation, eligibility, or planning meetings

6. What Protections Exist Under Section 504 in Private Schools?
Section 504 applies to private schools that receive federal funding in a more limited manner
Requirements minimal as compared to public schools
“Minimal Adjustments”
LRE and comparable facilities
Equal opportunity to participate in extracurriculars
KC: Section 504 also applies to private schools that receive federal funding. However, their obligations are less than a public school’s. Section 504 requires private schools to make “minimal adjustments” to accommodate students with disabilities. Other requirements include placing students in the least restrictive environment and ensuring that facilities specifically for students with disabilities are comparable to the other facilities at the school. Finally, private schools must also ensure that students with disabilities have an equal opportunity to participate in extracurriculars.

7. The ADA: What is it?
The ADA or Americans with Disability Act, prohibits discrimination on the basis of disability in “all aspects of public life”
Title II prohibits disability in state and local government
Public Schools
Title III prohibits disability in places of public accommodation
Private Schools
Disability must “substantially” limit a major life activity
KE: The Americans with Disabilities Act or ADA is another law that prohibits discrimination on the basis of disability. Title II of the ADA applies to state and local governments. All public schools fall under the obligations of this title. Title III applies to places of public accommodation which includes private schools. As with Section 504 a person’s disability must “substantially” limit a major life activity.

8. What Protections Exist Under the ADA?
Right to reasonable accommodations
Schools do not have to fundamentally alter program or buildings
Schools not required to take on an undue burden to make an accommodation
No written plan is required
Most integrated setting appropriate to the needs of the student
Retaliation is prohibited
KC: The ADA provides several protections to students with disabilities. The first, is that eligible students are entitled to reasonable accommodations needed to access all aspects of school programming. The ADA itself does not define what a reasonable accommodation is, but there are many cases that discuss what is considered reasonable under the ADA. While a student has a right to reasonable accommodations, schools are not required to make changes that will fundamentally alter the programming or buildings. Fundamental alteration is defined as a change so significant that it alters the essential nature of the program or building. Similarly schools are not required to make an accommodation if it poses an undue burden, which means if the accommodation would be significantly difficult or costly to put in place. Schools are not required to make written accommodation plans, but this is best practice. The ADA requires that schools provide accommodations in the most integrated setting appropriate to the needs of the student. This is similar to the concept of Least Restrictive Environment under Section 504 and IDEA. Finally, the ADA prohibits any person or entity from retaliating against individuals who assert their rights under the ADA as well as individuals, such as parents, or teachers, who assist others in asserting their rights.

9. Dispute Resolution for Section 504 and ADA Violations
Due Process Hearings
OCR Complaint
ADA
Grievance process adopted by the school division
DOJ Complaint
KE: If a parent believes their child’s school has violated Section 504 or the ADA they have several options. Under Section 504 parents can request a due process hearing to resolve disputes. Please see the information on our website related to dispute resolution for more information about due process hearings. Parents can also file a OCR complaint, which we discuss on the next two slides.
Under the ADA parents can also file an OCR complaint. Parents also have the option of going through the grievance process adopted by their school. The school’s ADA coordinator can provide information on this process. Finally, for violations of the ADA a complaint with the Department of Justice or DOJ can be filed. We will discuss this process further after reviewing the process for OCR complaints.

10. US DOE OCR Complaint: What is it?
Process is similar to Virginia Complaint procedure
Looks back 180 calendar days from receipt of the complaint form (with some exceptions)
OCR can mediate a Resolution Agreement during the complaint process
OCR’s goal is to complete their investigation within 180 days from receipt of the complaint, but heavy workloads and complexity of the issues presented can delay that timeline
OCR can work with the school directly to reach a Resolution Agreement, can suspend, terminate or refuse continued funding for schools who refuse to comply, or refer the case to the Department of Justice
Decisions appealable to OCR within 60 days from the Determination Letter
KC: The OCR complaint process is similar to the Virginia Department of Education complaint process. For more information on VDOE complaints, please see our information on dispute resolution options.
The OCR complaint looks back 180 calendar days from the date the complaint was received. There are a few limited exceptions that extend this look back period.
A parent and school can choose to use mediation to create a resolution agreement during the complaint process. For more information on how mediations work in the state complaint setting please see our information on dispute resolution option.
OCR’s goal is to complete an investigation within 180 days from receipt of the complaint. However due to heavy workloads and the complexity of some issues, that timeline can be extended.
OCR can also directly work with schools to reach an resolution agreement. If a school refuses to comply with the resolution agreement, OCR can suspend, terminate or refuse to continue to fund schools. They can also refer schools to the Department of Justice.
OCR decisions can be appealed to OCR within 60 days from the Determination Letter.

11. USDOE OCR Complaint: Tips
Include any supporting documentation with your Complaint request
You don’t have to use OCR’s form, but it’s the easiest way to make sure OCR has all the information they need – you can always attach additional papers if you need more room
Be prepared to answer questions from the OCR investigator assigned to your Complaint
Be clear about what school personnel are responsible for implementing the Resolution Agreement and how to report any violations back to OCR
KE: Here are some tips for those planning to file an OCR complaint. Make sure you include any supporting documentation, such as s, IEPS, or other school records with your complaint request.
While you do not have to use OCR’s form, it is the easiest way to make sure you provide all the required information. You can also attach a letter with more details about your complaint if you do not have enough room on the form.
Be prepared to answer questions from or provide additional documents to the OCR investigator working your complaint.
Make sure that you understand who at the school is supposed to be implementing the resolution agreement and what they are supposed to be doing. You can report any violations of the resolution agreement back to OCR.

12. US DOJ Complaint: What is it?
After reviewing your complaint DOJ will inform you of their action
Review can take up to three months due to volume of complaints
Can call the ADA Information Line to find out the status of your complaint
DOJ does not represent the person filing the complaint
KC: DOJ complaints can be filed online, by mail, or by fax. Once DOJ has reviewed your complaint they will inform you of the action they have taken. This may include contacting you for more information, referring you to mediation, referring your complaint to the United State’s attorney’s Office for investigation, referring your complaint to another agency, investigating your complaint directly, or considering your complaint for possible litigation by DOJ. If DOJ determines that it will not take any action they will also inform you of this. Complaint review can take up to three months. You can call the ADA information line for information about the status of your complaint. If DOJ investigates the complaint and finds a violation they may choose to negotiate a formal settlement or file a lawsuit on behalf of the United States. DOJ does not represent the person filing the complaint. For more information on DOJ complaints please see the ADA’s website at ADA.gov

13. Contact Us Monday, Wednesday, Friday 8:30 am – 4:00 pm
Toll Free
Thank you for joining us, we hope you found this information helpful. For more information about other special education topics, please see the resources available on our website. You can also find our contact information online.