Presentation on theme: "Rhode Island Educators Leadership Series"— Presentation transcript:
1 Rhode Island Educators Leadership Series Thomas P. DiPaola Ph.D. Associate Professor Doctoral Program in Education Leadership Johnson and Wales University
2 Who is that Masked Man? Johnson & Wales University School of Education Life Changing ExperienceLife Friendly ScheduleJohnson & Wales UniversitySchool of EducationM.A.T., M.Ed., Ed.D., Professional DevelopmentWine & Cheese Open HouseSchool of Education Info Sessions 4-6 pmTuesday, February 23, Johnson & Wales Inn SeekonkThursday, February 25, Radisson Airport Hotel WarwickR.S.V.P. Jaime DiPaola ,The Alan Shawn Feinstein Graduate School at JWU
3 Monday February 8, 2010 4:30 Welcome and introduction 4:45 You make the call5:00 How did we get here from there?Overview of the Rehab Act Section 504,ADA and the IDEA5:45 Dinner6:15 You make the call6:30 Being proactive: taking measures to prevent discriminatory practices7:30 Adjourn
4 Smith V. RobinsonSavana ReddingOverview of Section 504
5 History of Disability Law 1973 Section 504 of the Vocational Rehabilitation Act reauthorized 20021975 Education of the Handicapped Children’s Act (EAHCA) (P.L ) (now the IDEIA)1990 P.L reauthorized and becomes IDEA1990 Americans with Disabilities Act (ADA) reauthorized 20082004 IDEA reauthorized and becomes IDEIA
6 basic legal overview/comparison Section 504 of the Rehabilitation Act C.F.R. Part 104 and the IDEIA Office of Special Education Programs (OSEP) - Home Pagebasic legal overview/comparison
7 Rehabilitation Act- Section 504 Requires: “No otherwise qualified individualwith disabilities in the United States shall, solely by reasons of her or his disability, be excluded from the participation in, be denied the benefits or, or be subjected to discrimination under any program or activity receiving Federal financial assistance...”(29 USC Sec. 794)
8 Otherwise Qualified Individual: has a physical or mental impairmentwhich substantially limits one or moremajor life activities,has a record of such impairment, oris regarded as having such animpairment.
9 Purpose of Section 504 of the Rehab Act "level the playing field"eliminate impediments to full participation by persons with disabilities of all agesprevent intentional or unintentional discrimination against:persons with disabilities,persons who are believed to have disabilities, orfamily members of persons with disabilities.
10 Purpose of IDEIA ensure a free and appropriate education (FAPE) (IEP) for children with disabilities ages (Birth)3-21 who fall within one of the 13 specific disability categories as defined by the lawdisability adversely affects the child's educational performance and/ or ability to benefit from general education (not limited to academic performance)
11 504Requires schools to eliminate barriers that would prevent the student from participating fully in the programs and services offered in the general curriculum.IDEIAProvides individual supplementaleducational services and supports inaddition to what is provided to students inthe general curriculum to ensure that thechild has access to and benefits from thegeneral curriculum.
12 Doe v.Withers 1993 Pierce Law on Doe v Withers St. Petersburg College PD for Faculty
13 How did we get to where we are exclusionintegrationaccountability for resultsHow do we make this work wellbeing proactivepolicies and proceduresinitial and ongoing PDWhere do we go from hereuniversal designremoval from general education as a last resortcompletion of the cultural shift
14 Essential components & requirements of IDEIA & Section 504 Child find: preschool, in school, nonpublic schoolEvaluation: LD and RTIEligibilityFAPELRE: Access to the Curriculum and HQTIEP504 planImplementationViolationsProcedural SafeguardsNoticeRecordsDue processReviewOutcomes: Perf ResultsExiting services/protection
15 The 504 Process Child Find Referral Evaluation Placement Reasonable AccommodationsDon’t forget employees,family members and members of the community
16 In BoundsYou may ask questions to determine whether an employee can perform specific job functions. The questions should focus on the employee's ability to perform the job, not on the disability condition.You may ask an employee to describe or demonstrate how he/she would perform specific job functions with or without an accommodation.When there is reason to believe that an employee will not be able to perform a job function because of a known disability, you may ask that person to describe or demonstrate how he/she would perform a job-related function. An employee's disability would be a "known disability" either because it is obvious (for example, the employee uses a wheelchair), or because the employee has voluntarily disclosed that s/he has a hidden disability (requested an accommodation plan).You may ask about an employee’s non-medical qualifications and skills, such as his/her education, work history, and required certifications and licenses.You may ask if the employee can meet attendance requirements.
17 Out of Bounds Have you ever been treated for mental health problems? Are you disabled?Do you have a disability that would interfere with your ability to perform the job?How many days were you sick last year?Do you have high blood pressure?How much alcohol do you drink each week? Have you ever been treated for alcoholism?(Alcoholism, past or present, and past drug addiction can be a protected disability, unlike current use of unlawful drugs, which is not protected.)
18 Out of BoundsAsking an obviously disabled employee questions about how the disability happened, what the prognosis is, or how the condition and impairment affects the employee's daily life activities.Can you stand? Can you walk? (These questions are probably too broad to be directed to ability to perform a job function, and instead are regarded as inquiries into the existence of a disability.)What medications are you currently taking?
19 Reauthorization of Americans with Disabilities Act (ADA) w/ impact on Section 504 for schools Substantially Expanded Effective January 1, 2009Expands Class of Individuals Covered by the ADAexpressly requires that courts construe disability "in favor of broad coverage to the maximum extent permitted" by the ADA. The implied directive is that courts are to err in favor of coverage.
20 ADAKey Elements of ADAHealth Lawyers on the ADAGreat Lakes ADA
21 Reauthorization of Americans with Disabilities Act (ADA) w/ impact on Section 504 for schools a broader interpretation of the term "major life activities" by adding specific examples and expanding the phrase to include "operation of a major bodily function."New and non-exhaustive list of major life activities includes "caring for oneself, performing manual tasks, seeing, hearing, eating, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.”According to the ADAAA, major bodily functions now include “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.”Intent is to ensure that certain medical conditions—such as high blood pressure, diabetes, epilepsy and asthma—are considered conditions that affect major life activities.
22 Reauthorization of Americans with Disabilities Act (ADA) w/ impact on Section 504 for schools "Substantially Limited" Standard to Be SoftenedThe ADAAA does not, however, describe what the correct definition or test should be. Instead, it instructs the EEOC to modify its regulationsMitigating Measures No Longer to Be ConsideredU.S. Supreme Court held that mitigating factors, such as medications and prosthetics, could be considered in determining whether an individual is disabled under the ADA. Rejecting this standard, the ADAAA explicitly states that corrective measures should not be taken into account in determining whether a person's impairment substantially limits a major life activity, even if such measures allow the individual to successfully manage his or her impairment. Therefore, an employer will still need to accommodate an individual who is fully able to perform his or her job duties while taking medication or using prescribed medical devices. The only exception is that usage of "ordinary eyeglasses and contact lenses" can be considered in determining whether a person has a visual disability.
23 Reauthorization of Americans with Disabilities Act (ADA) w/ impact on Section 504 for schools Expansion of Coverage for Persons "Regarded as" DisabledADA protects employees from being discriminated against for being "regarded as" disabled. A U.S. Supreme Court decision held that for an employee to prove discrimination based on a perceived disability, he or she had to show that the impairment in question actually limited or was perceived to limit a major life activity.The ADAAA overturns that decision by requiring that the employee need only show that the employer perceived the employee as impaired, whether or not the impairment actually limits or is perceived to limit a major life activity.
24 Addressing the gap between legal requirements and staff and/or customer expectations How to avoid needless conflictPrevention:Training and Technical AssistanceAddressing conflictIntervention:Stop, Look, ListenDeveloping and maintaining relationships between the school district & parent(s)
25 Common Mistakes of Educators and School Districts Failing or refusing to communicate andactively coordinate with outside expertsworking with a childAssuming a patronizing and/or antagonisticand/or insulting attitude toward parentsFailing to observe procedural timelinesand notice requirementsFailing to modify an IEP or a 504 Plan that isnot workingFailing to implement an IEP or a 504 Plan, and worsetrying to cover up that failure
26 Resources Disability Discrimination 504 ADA IDEIA 504 FAQs Protecting Students with DisabilitiesDisability Resources USDOEUS Access BoardNew England ADA Center504 and ADA Wrightslaw
27 Q&A Be Proactive: Don't Wait for the Ball to Come to You You Can't be Perfect One Day Someone is Better