1. Transition to Work and School: Legal Rights under IDEA and Section 504
Annika Pollock, Attorney at Law
Dussault Law Group (206)

2. 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

3. 1. Introduction to ADA, 504 and IDEA

4. 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

5. 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

6. 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.”

7. 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

8. 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”)

9. 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

10. 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

11. 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

12. 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)

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

14. 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.

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

16. IEP - Transition Services
IDEA 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

17. 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

18. 4. Transition under Section 504
College

19. Section 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

20. Section 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

21. 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

22. 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 Plans may be written
Student disability services offices exist to facilitate student support needs in IHEs

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

24. 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:

25. 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

26. 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

27. 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

28. Resources
The National center for Learning Disabilities:
Transition Timeline – “To Do” List:

29. 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.

30. Thank You! Annika Pollock Attorney at Law Dussault Law Group
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