ETHICS AND LAW FOR SCHOOL PSYCHOLOGISTS

Chapter 5

One builds to the other

Section 504: Rehabilitation Act of 1973

Civil rights act to prohibit discrimination against those with disabilities.

Three parts: All children have right to be included in school

programs. Reasonable steps to prohibit harassment Equal Opportunity to benefit from programs

Originally ignored as a school-based law; in the 1990s was a way for children with ADHD to get services.

Unfunded; governed through the Office of Civil Rights who has the rights to remove all federal funds to a school or district

Definition of a disability: A physical or mental impairment that substantially limits

one or more of the major life activities of the individual. Has, has a history of having, or being regarded as

having an impairment. Determination is made without regard to the

“ameliorative effects of mitigating measures” (e.g., medication, technology).

Definition of major life activity: Include, but are not limited to, functions such as caring

for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Section 504: Rehabilitation Act of 1973

Assessment for 504 Accommodations As any child with IDEA dx = 504 dx, then one

way is through traditional special education assessment.

Review of medical records or assessments conducted outside of the school system

No specific diagnostic category (e.g., IDEA dx categories) are needed

Evaluation includes Physical or mental impairment? Does the impairment substantially limit major life

functioning? What accommodations will be needed?

No reevaluation required, timelines = reasonable limit

Components to 504 Plan

Description of basis for determination Description of how the impairment substantially affects

a major life activity. Description of the reasonable accommodations that are

necessary. If needed: manner to address physical emergencies School health/ nurse services Assistance with toileting, adaptive technology Ways to make the facility more accessible. Ways to deal with any significant emotional difficulties

Date the plan will be reviewed. Names and titles of participants attending the planning

meeting. List of procedural safeguards must be in place; notice

given at meeting to parents

Americans With Disabilities Act Goes beyond many requirements in SS

504 Shares the SS 504 definition of a

disability. Complaints are also filed with the OCR Protection for “whistle-blowers” who

contact OCR