1. 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.

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

3. 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.

4. OCR across the Country

5. 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

6. 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

7. 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.

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

9. 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

10. 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

11. 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

12. 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)

13. 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

14. 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

15. 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

16. 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.

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

18. 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

19. The Section 504 Process
Identification
Placement
Evaluation

20. 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.

21. 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

22. 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?

23. 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

24. 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

25. 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.

26. 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

27. 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

28. 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

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

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

31. 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?

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

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

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

35. 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

36. 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

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

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

39. 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

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

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

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

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

44. 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

45. Once placement has been decided…
Implement the placement plan!

46. 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

47. 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.

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

49. 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

50. 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”

51. How to Reach OCR Website: www.ed.gov/ocr Amy Kim: amy.kim@ed.gov
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