EDS 513: Legal Issues in Special Education EDS 513: Legal Issues in Special Education Section 504 of the Rehabilitation Act of 1973 ©Kristina Krampe, 2005

Introduction Prior to beginning this presentation, you should have read Chapter 6 of Yell’s (2006) The Law and Special Education, 2nd Edition Prior to beginning this presentation, you should have read Chapter 6 of Yell’s (2006) The Law and Special Education, 2nd Edition Upon completion of this presentation, you should be able to summarize the implications of Section 504 for students with disabilities Upon completion of this presentation, you should be able to summarize the implications of Section 504 for students with disabilities

Purpose of Section 504 Basic purpose is to prohibit discrimination against persons with disabilities in programs that receive federal financial assistance Basic purpose is to prohibit discrimination against persons with disabilities in programs that receive federal financial assistance “No otherwise qualified individuals with disabilities in the United States....shall solely by reason of 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.” “No otherwise qualified individuals with disabilities in the United States....shall solely by reason of 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.”

Protection Under Section 504 Persons covered under Section 504 3Anyone who has a physical or mental impairment which substantially limits one or more major life activities 3Anyone who has a record of such an impairment 3Anyone who is regarded as having such an impairment

Physical and Mental Impairments Physical Impairments 3Psychological disorder or condition 3Cosmetic disfigurement 3Anatomical loss Mental Impairments 3Mental retardation 3Organic brain syndrome 3Emotional or mental illness  Specific learning disabilities

Relevant Cases E.E. Black Ltd. v. Marshall (1980) 3Expanded the definition of impairment 3Any condition which weakens, diminishes, restricts or otherwise damages an individual’s health or physical or mental activity 3Asthma, deafness, blindness, diabetes, cerebral palsy 3Tourette’s syndrome, multiple sclerosis, epilepsy 3Chronic fatigue syndrome 3Chronic fatigue syndrome, AD/HD, kidney disease

Relevant Cases Daley v. Koch (1986) 3If a person has not been diagnosed as having a psychological illness or disorder, he or she does not have a disability under Section 504 3Exclusion of persons affected by the illegal use or possession of drugs or alcohol and persons who have sexual behavior disorders, pyromania, kleptomania, etc.

Major Life Activity A major life activity includes 3Self care 3Performing manual tasks 3Walking 3Seeing 3Hearing 3Breathing 3Learning 3Working

Defining Substantial Limitation Unable to perform a major activity that an average person could perform Unable to perform a major activity that an average person could perform OR OR Significantly restricted in the manner or duration of performance of major life activity when compared to an average person

Determining Substantial Limitation Factors to consider 3What is the nature and severity of the impairment? 3What is the duration or expected duration of the impairment? 3What permanent or long-lasting effect results from the impairment? results from the impairment?

Protection Under Section 504 All students with disabilities are protected from discrimination in elementary, secondary, and postsecondary schools All students with disabilities are protected from discrimination in elementary, secondary, and postsecondary schools 3Equal opportunity to benefits from education as students without disabilities 3Equivalent, not identical, services or programs must be provided 3Reasonable accommodations

Protection from Discrimination School programs must be accessible to students with disabilities School programs must be accessible to students with disabilities 3Not all parts of school must be accessible 3May not result in segregation of students with disabilities in one setting 3Applies to all facilities within a school 3Classrooms, gyms, water fountains, restrooms 3Facilities for students with disabilities must be comparable to general education facilities

Protection from Discrimination Architectural accessibility Architectural accessibility Program accessibility Program accessibility Provision of related services Provision of related services Participation in extracurricular and nonacademic activities Participation in extracurricular and nonacademic activities 3Daycare 3Summer recreation programs 3Afterschool care

Reasonable Accommodations Reasonable accommodations must be provided to facilitate equal opportunity to persons with disabilities Reasonable accommodations must be provided to facilitate equal opportunity to persons with disabilities 3Definition has been vague 3Cannot impose excessive financial or administrative burdens 3Cannot require a fundamental or substantial modification in the program

Reasonable Accommodations Reasonable accommodations in schools may include adaptations and modifications of academic activities Reasonable accommodations in schools may include adaptations and modifications of academic activities 3Preferential seating 3Adjusting the time to complete an assignment 3Allowing tape recording of lecture 3Allowing students to dictate answers 3Allowing more time to take tests 3Providing an interpreter

Avoiding Discrimination Disabling conditions can be considered if it is a relevant factor Disabling conditions can be considered if it is a relevant factor Schools must take actions to avoid discrimination Schools must take actions to avoid discrimination 3Structural alterations 3Equipment redesign 3Class reassignment 3General classroom interventions

Discrimination in Postsecondary Education Applies to postsecondary education 3Students cannot be discriminated against in admissions to postsecondary institutions 3Nonacademic programs and services cannot discriminate against students with disabilities 3Student housing 3Athletics 3Vocational and placement services 3Financial assistance

Free Appropriate Public Education All qualified school-aged children are entitled to a free appropriate public education (FAPE) All qualified school-aged children are entitled to a free appropriate public education (FAPE) Issues remain over whether FAPE under Section 504 requires a higher standard to meet educational needs than reasonable accommodations

Free Appropriate Public Education Provided at no cost to parents or guardians Provided at no cost to parents or guardians Must be individualized Must be individualized Includes specially designed instruction and related services as required Includes specially designed instruction and related services as required Developed by a group of knowledgeable persons Developed by a group of knowledgeable persons Provided in least restrictive environment Provided in least restrictive environment

Evaluation and Placement Procedures Evaluation must occur before placement to prevent misclassification or misplacement Evaluation must occur before placement to prevent misclassification or misplacement 3Instruments with documented validity 3Administered by trained personnel 3Assess specific educational areas 3Results accurately show student’s aptitude or achievement level 3Information from a variety of sources collected

Procedural Safeguards Parents must be notified of rights in native language or primary mode of communication Parents must be notified of rights in native language or primary mode of communication Parents may receive an impartial hearing with counsel to settle disagreements with school Parents may receive an impartial hearing with counsel to settle disagreements with school Parents must be notified when eligibility or placement actions are taken Parents must be notified when eligibility or placement actions are taken Parents may examine educational records Parents may examine educational records

School District Responsibilities Appointment of a Section 504 Coordinator 3Ensures that the district is in compliance 3Keeps the public and school personnel informed so that the district does not discriminate 3Develops the procedural safeguards and grievance procedures 3Conducts self-evaluation in the district to ensure compliance

School District Responsibilities Locate and identify students who may qualify for special services Locate and identify students who may qualify for special services 3Annual child find 3Students that transfer from other districts, students in private schools, children who are homeless 3Referral for evaluation 3Teachers, parents, administrators, others 3Evaluation of students not eligible under IDEA 3Evaluations completed in timely manner

School District Responsibilities School district must develop a 504 plan for students with disabilities School district must develop a 504 plan for students with disabilities 3Developed by a multidisciplinary team 3Includes accommodations and modifications to student’s educational program 3Provided in general education or special education classrooms 3Reevaluation before significant changes or periodically

Section 504 Plan Describes the nature of the disability and how it impacts a major life activity Provides the basis for determining the disability Documents the educational impact Describes necessary accommodations Documents the placement

Avoiding Complaints and Hearings To avoid complaints and hearings 3Make good faith efforts to provide appropriate programs 3Involve parents to the greatest extent possible 3Conduct thorough and individualized evaluations 3Document all school and parent contacts 3Use mediation to resolve disputes

Filing a Grievance School district must establish grievance procedures School district must establish grievance procedures 3Grievances filed if discrimination based on disability is thought to occur 3Can be filed by parent, student, community member, or staff member 3No set requirements for grievance procedures

Filing a Complaint Grievances can be filed with the Office of Civil Rights (OCR) Grievances can be filed with the Office of Civil Rights (OCR) 3Must be filed within 180 days of the alleged discrimination 3Can be filed even if the local district grievance procedures have not been exhausted 3Prior to investigation, the school can attempt to make a settlement with the complainant

Filing a Complaint OCR Investigation Process 3Pre-determination settlement (PDS) 3Matter settled without admitting to violation 3School agrees to actions to resolve issues 3On-site investigation 3OCR interviews staff and reviews documentation 3Verbal finding issued by OCR

Filing a Complaint On-Site Investigation 3No violation found = End of the investigation 3Violation found & OCR corrective action requirements issued 3District complies = Letter-of-finding (LOF) violation corrected issued 3District does not comply = LOF violation uncorrected issued & negotiations begin 3If negotiations are unsuccessful, termination of federal funds to the district can occur