ETHICS AND LAW FOR SCHOOL PSYCHOLOGISTS Chapter 5

One builds to the other ADA SS 504 IDEA

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