The U.S. Department of Education Office for Civil Rights This document provides general information for the purposes of training and technical assistance. This document is not an OCR policy document.

Objectives Overview of OCR Explain OCR’s Section 504 and ADA enforcement Review FAPE Requirements under Section 504 Discuss ADA Amendments Act & Impacts

What is OCR? Part of the U.S. Department of Education Enforces federal civil rights laws prohibiting discrimination in education programs on the basis of: race, color, national origin, sex, disability, and age Headquartered in Washington, DC and includes 12 regional offices across the U.S.

OCR across the Country

Legal Jurisdiction Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Title II of the Americans with Disabilities Act of 1990 The Age Discrimination Act of 1975 Boy Scouts of America Equal Access Act

OCR’s Jurisdiction OCR has jurisdiction over programs and activities that receive financial assistance from the Department of Education. These may include: state education agencies elementary and secondary school systems colleges and universities state vocational rehabilitation agencies

OCR’s Jurisdiction OCR also has jurisdiction over certain public entities under Title II, which prohibits disability discrimination by public entities whether or not they receive federal financial assistance.

How does OCR enforce the law? resolves complaints conducts compliance reviews provides technical assistance OCR

Complaint Resolution Early Complaint Resolution Investigation Voluntary resolution before the conclusion of an investigation Resolution Agreement (to settle the matter) Letter of Findings and Enforcement

Technical Assistance OCR provides TA to help schools, parents, and students understand their rights and responsibilities. Types of technical assistance: Presentations Responses to telephone and written inquiries Workshops Consultations

Section 504 & Title II Protections Examples of prohibited discrimination under both Section 504 and Title II may include: Failure to provide FAPE to an elementary or secondary student with a disability Failure to provide appropriate academic adjustments to a qualified college student with a disability Denying the benefits of a program or activity because a school’s facilities are inaccessible

Section 504 - Nondiscrimination General Provision: Prohibition against discrimination on basis of disability (Subpart A) Elementary and Secondary Programs: Provision of FAPE (Subpart D) Accessibility (Subpart C)

Free Appropriate Public Education (FAPE) to each qualified student with a disability in the school district’s jurisdiction regardless of the nature or severity of the disability

Qualified Individual with a Disability In the elementary and secondary context, the person with a disability is: of an age when students without disabilities are provided with the services of an age which it is mandatory under state law to provide services to student with disabilities; or a state is required to provide FAPE under IDEA

What does Free Education mean? Free means free: Educational and related services at no cost to student or parent may charge fees paid by all students

What does Appropriate mean? Appropriate means: regular or special education and related aids and services designed to meet a student's individual needs as adequately as the needs of non-disabled persons are met; and based on requirements regarding academic setting, evaluation, placement, and procedural safeguards.

IDEA is Different Many students are served under another federal law, the Individuals with Disabilities Education Act (commonly referred to as IDEA).

IDEA vs. Section 504/Title II IDEA defines disability differently. To be protected under IDEA, a child must: have a particular disability listed in IDEA, and need special education Under Section 504, a qualified student with a disability is protected regardless of whether the student needs special education

The Section 504 Process Identification Placement Evaluation

Identify and Evaluate Districts must individually evaluate any child who, because of a disability, needs or is believed to need special education or related services.

Evaluation Before initial placement Conduct an evaluation of any person who needs or is believed to need special education or related services: Before initial placement Before any subsequent significant change in placement

Purpose of Evaluation The evaluation is intended to answer two questions: Does the child have a disability under Section 504/Title II? If so, what are the child’s individual education needs?

ADA Amendments Act of 2008 Effective Jan. 1, 2009 Amends ADA and conforms definition of disability in Section 504 with Amendments Act Retains the elements of the term “disability,” but changes the meaning of “substantially limits a major life activity” and being “regarded as” having an impairment. Requires “disability” to be construed broadly Did not alter IDEA

Definition of Disability A physical or mental impairment which substantially limits one or more major life activities, or A record of such impairment, or Being regarded as having such impairment

What changed with the Amendments Act? Interpretation of “disability” The Amendments Act maintains the same three elements for the term disability. The meaning of “disability” changed.

What changed with the Amendments Act? Meaning of “substantially limiting” No mitigating measures (except ordinary eyeglasses and contact lenses) Episodic impairment is a disability if it would substantially limit a MLA when active

What changed with the Amendments Act? “Regarded as” a Person with a Disability Functional limitation is irrelevant Not transitory and minor Not entitled to reasonable modifications

Major Life Activities include (but are not limited to): Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating

Major Life Activities (cont.) Brain Circulatory Endocrine Reproductive Neurological Respiratory Functions of the immune system Normal cell growth Digestive Bowel Functions Bladder

Section 504/ADA Policies and Procedures School district must revise its policies and procedures to reflect the Amendments Act’s new legal standards.

Section 504 Question #1: Does the child have a disability? Or, does the student have a physical or mental impairment which substantially limits one or more major life activities?

What is an impairment? Any physiological condition that affects a bodily system, or any mental or psychological disorder.

Substantial Limitation Does the student’s impairment substantially limit one or more major life activities?

Substantial Limitation Does not mean severe restriction or inability in performing major life activity Look to condition, manner, and duration

Major Life Activities include (but are not limited to): Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating

Major Life Activities Major life activities also include operation of “major bodily functions” such as: Brain Circulatory Endocrine Reproductive Neurological Respiratory Functions of the immune system Normal cell growth Digestive Bowel Functions Bladder

Next…. The student has been evaluated Eligibility has been established Her/His needs have been identified Next, decide on . . .

Placement Appropriate educational services designed to meet the student’s individual needs.

Section 504 Question #2: What are the child’s individual education needs? Needs are identified by looking to a variety of evaluation sources, including: aptitude and achievement tests teacher recommendations physical condition social or cultural background adaptive behavior

Who Decides? The “team” or a group that includes persons knowledgeable about: the student the meaning of the evaluation data the placement options

Placement Procedures The Team carefully considers: evaluation information from a variety of sources all significant factors affecting the students ability to receive a FAPE

Placement Procedures The Team: documents all the information considered does not rely on assumptions regarding persons with disabilities or classes of such persons

Types of Academic Settings Regular classes Regular classes with supplementary services, and/or Special education and related services However, all students must. . .

Academic Settings Be educated with non-disabled students to the maximum extent appropriate to the needs of the student with a disability Placement should be in regular classroom unless an appropriate education cannot be achieved satisfactorily with supplementary aids and services

Once placement has been decided… Implement the placement plan!

Non-Academic and Extracurricular Services and Activities Students with disabilities must be provided an equal opportunity to participate in transportation, lunch, recess, physical education, clubs, athletics, etc. May be part of the Plan

Reevaluation Periodic reevaluations is required. Recipient must develop procedures for periodic reevaluations. Using the IDEA procedures is one means of meeting the procedure requirement under Section 504.

Procedural Safeguards School districts must provide a system of procedural safeguards regarding identification, evaluation, and educational placement.

Procedural safeguards include: Notice Records review by parent or guardian Due Process (i.e., impartial hearing with participation by parent and counsel) A review procedure

Resources Visit OCR’s Reading Room, available at: www.ed.gov/ocr Refer to OCR’s “Q&A on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools” Refer to OCR’s “FAQs about Section 504 and the Education of Children with Disabilities”

How to Reach OCR Website: www.ed.gov/ocr Amy Kim: amy.kim@ed.gov (206) 607-1621