Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School

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Legal Background After High School

Training Agenda

Legal Background

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After a student leaves high school, IDEA no longer applies

Section 504 and the ADAAA are important for youth with disabilities and their parents to understand

Legal obligations of employers and postsecondary institutions are very different from K-12 public schools

There are No IEPs after High School

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What is Section 504?

Part of the Rehabilitation Act of 1973, a national civil rights law

It prohibits discrimination on the basis of disability by any program or activity (including postsecondary institutions) that receive federal financial assistance

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“No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability,

be excluded from the participation in, be denied the benefits of, or be subjected to discrimination

under any program or activity receiving Federal financial assistance.”

What Section 504 Says

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ADAAA prohibits discrimination of people with disabilities by: All qualifying private employers (Title I) All state and local government programs, including the

public schools (Title II), and All places of public accommodation, including non-religiously

controlled colleges and universities and test agencies (Title III) Section 504 preceded enactment of ADAAA and has

generally been used as basis for disability discrimination protection in postsecondary institutions

Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II

Related Laws: Section 504 & Americans with Disabilities Act

Amendments Act (ADAAA) of 2008

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ADA Amendments Act of 2008 (ADAAA)

Requires that the definition of disability be interpreted broadly

The new definition of disability in the ADAAA must be used when determining Section 504 eligibility

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Does the student:

have a physical or mental impairment*

which substantially limits one or more major life

activities?

*or has a record of having an impairment or is regarded as having an impairment

Person with a Disability: ADAAA/504 Definition

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Any physiological condition that affects a bodily system, or any mental or psychological disorder

504/ADAAA Disability Definition Part 1:

Impairment

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More than material limitation but less than severe limitation (Look to condition, manner, duration)

Mitigating measures may not be considered (hearing aids, medication, etc.)

Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.)

504/ADAAA Disability Definition Part 2:

Substantial Limitation

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504/ADAAA Disability Definition Part 3:

Major Life ActivitySection 504

Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working

Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating

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Additional Major Life Activities (Bodily Functions)

Brain Circulatory Endocrine Reproductive Neurological

Immune system Normal cell growth Digestive Bowel Bladder Respiratory

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Test Your Knowledge

1. What is the name of the law that includes Section 504?

2. What are the three parts of the definition of disability under Section 504?

Section 504 After High School

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Services are not received by entitlement

Students must request services and demonstrate eligibility

Self-Advocacy is Critical

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High School CollegeEligibility Determination

Evaluation conducted or paid by school district

Documentation supplied by student

Legal Responsibility

Provide FAPE Ensure non-discrimination

Procedural Safeguards

Due process or OCR complaint

Internal grievance or OCR complaint

Side-by-Side Comparison

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Cannot deny admission to qualified students on basis of disability

Must make necessary changes to policies and procedures (academic adjustments such as substitution of courses, classroom accommodations, or waiving full-time financial aid requirements for students who must take fewer courses at a time)

Postsecondary Institutions & 504

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Must ensure student is not discriminated against because of absence of needed auxiliary aids (i.e. notetakers, interpreters, audio text)

Not required to provide personal accommodations (attendants, devices for personal use, etc.)

Postsecondary Institutions & 504, cont.

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IDEA or 504 services in high school do not guarantee eligibility for accommodations in postsecondary education

Student must self-identify and provide documentation of disability

Student must be qualified and meet the academic and technical standards for admission

Eligibility for 504 in College

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College Responsibility: Set reasonable standards for documentation and

specify how much documentation is needed Use an “interactive process” to determine

appropriate academic adjustments and auxiliary aids and services that meet the student’s individual needs

Disability Documentation

Student Responsibility: Provide assessment that identifies disability and

functional limitations and need for academic adjustment or auxiliary aids or services

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Discrimination allegations can be addressed by: Contacting the 504 Coordinator and handling

the issue informally

Using the school’s 504 grievance process

Contacting the Office for Civil Rights (OCR) and filing a complaint

Filing a law suit in federal court

Grievance Procedures &Dispute Resolution

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Contact the college’s disability or student services office and ask what their procedures are for requesting accommodations or auxiliary aides

Provide a copy of documentation of disability and need for academic adjustment or auxiliary aid or service

Tips for a Smooth Transition

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Utilize summary of performance required under IDEA

Put any requests in writing as soon as possible!

Remember that it is the student’s responsibility to follow the procedures

Communicate and work cooperatively

Tips for a Smooth Transition, cont.

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Employers:

Can’t refuse to hire or promote because of a disability – as long as job qualifications are met.

Can ask about applicants’ ability to perform a job, but prior to job offer cannot inquire about disability status.

Must provide reasonable accommodations to people with disabilities.

Do not need to provide accommodations that impose an undue hardship on business operations.

Section 504, the ADAAA, & Employment

Resources

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ADA Amendments Act of 2008 The 411 on Disability Disclosure Workbook

(National Collaborative on Workforce and Disability)

Section 504 of the Rehabilitation Act of 1973 Regulations

IDEA/504 & ADAA Workshop (SPAN) Transition of Students with Disabilities to Postsec

ondary Education: A Guide for High School Educators (OCR)

References

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Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (OCR)

Academic Adjustments & Auxiliary Aids & Documentation (OCR)

Students with Disabilities: High School to College (OCR)

Americans with Disabilities Act Questions and Answers (EEOC)

Section 504 and Students with Disabilities (WI FACETS)

References, cont.

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http://www2.ed.gov/about/offices/list/ocr/index.html

National OCR Headquarters: 800-421-3481

Find your regional OCR office (also listed on next slide): http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm

Complaint Information:http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html

Office for Civil Rights

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Boston Office (CT, ME, MA, NH, RI, VT)(617) 289-0111

Chicago Office (IL, IN, IA, MN, ND, WI)(312) 730-1560

New York Office (NJ, NY, PR, VI)(646) 428-3800

Cleveland Office (MI, OH)Telephone: (216) 522-4970

Philadelphia Office (DE, MD, KY, PA, WV)(215) 656-8541

Kansas City Office (KS, MO, NE, OK, SD)(816) 268-0550

Atlanta Office (AL, FL, GA, TN)(404) 974-9406

Denver Office (AZ, CO, NM, UT, WY)(303) 844-5695

Dallas Office (AR, LA, MS, TX)(214) 661-9600

San Francisco Office (CA)(415) 486-5555

District of Columbia Office (NC, SC, VA, DC)(202) 453-6020

Seattle Office (AK, AS, GU, HI, ID, MT, NV, OR, WA, MP)(206) 607-1600

OCR – Regional Officeshttp://www2.ed.gov/about/offices/list/ocr/addresses.html

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Department of JusticeADA Information Line: 1-800-514-0301

www.ada.gov

ADA National Network of Technical Assistance Centers

1-800-949-4232www.adata.org

ADAAA Information