Post on 13-Dec-2015
Section 504 of the Rehabilitation Act of 1973
Purpose
• Prohibit discrimination against persons with disabilities in programs receiving federal financial assistance
• Extends to related services, extracurricular activities and accessibility
• Covers students preschool through postsecondary and institutions
• Also applies to school district programs such as day care, afterschool care, and summer recreation programs
Who is Protected?
• Requires school personnel to identify students with disabilities and afford those students educational opportunities equal to those received by students without disabilities
• Section 504 does not apply to schools that receive no direct or indirect federal funds
• Definition is broader than that under IDEA• 3 parts: 1.) physical or mental impairment, affect a
major life activity(usually learning), and be substantial 2.) Those who have a record of an impairment 3.) Those regarded as being disabled
Who Is Protected (cont.)• The 2nd and 3rd parts generally only apply in the
areas of employment• It is only when a student is discriminated against
based on the perception he or she has a disability or because he or she had a disability that a student is entitled to the protections of 504.
• Under Section 504, students must have a disability that limits a major life activity (walking, seeing, hearing, learning)
Who is Protected (cont.)
• Physical impairments- broadly defined that impact learning (major life activity)
• Mental impairment- if the conditions are recognized by medical authorities
• Major life activity- from an educational perspective, the relevant life activity is learning
• Record of an impairment- students no longer on an IEP or were incorrectly classified as disabled
Who is Protected (cont.) • Otherwise qualified- all persons who
were qualified in spite of their handicap• All students of school age are qualified• Summary- IDEA students also
protected under 504, students not covered under IDEA, but have a disability are protected, those students treated as if they have a disability are protected, and also covers facilities, extracurricular, parents and employees
Principles
• Protection form discrimination- schools must make reasonable modifications to programs to ensure that discrimination does not occur
• Not permissible to discriminate based on perception of a disability
• Avoiding discrimination- reasonable accommodations• Relevant factors-size, type, budget, nature and cost
Principles (cont.)
• Reasonable accommodations- examine individual needs of students with disabilities and make a professional judgment about what can and cannot be done to accommodate their needs
FAPE• Section 504 appropriate definition is one of
equivalency• Developed by a group of knowledgeable people
based on evaluation data• Individualized accommodation plan- nature of
disability and major life activity limited, how disability determined, educational impact and necessary accommodations and placement
• As adequately as the needs of nonhandicapped persons are met
• Equivalency is key
Evaluation and Placement
• Purpose- prevent misclassification and misplacement• Group decision• Individual needs
Procedural Safeguards
• Must have a system of due process procedures
Program Accessibility
• Programs need to be accessible
• If separate facilities, they must be comparable
School District Responsibility
• Procedural Responsibilities include: appointment of a coordinator, notification of responsibilities under 504, establishment of grievance procedures, self-evaluation, and staff training
School District Responsibility (cont.)
• Identification and Evaluation: CASE recommendations include suspension or expulsion considered, retention, not benefiting from instruction, returns from a serious illness, diagnosed by an outside source, chronic health condition, at risk, potential dropout, substance abuse, suspected disability
School District Responsibility (cont.)
• Educational programming- accommodation plan
• Placement- MDT
• Reevaluation- change of placement and periodically
• Procedural Safeguards- notice and grievance
Enforcement of 504
• Grievance procedures established- up to the district
• OCR investigates