1. Laws and Protections II

2. Goals for Today Define the basic goals of Section 504 and their application in school Compare and contrast 504 with ADA Learn about the Amendments to ADA in 2008 Define disproportionality, proposed causes, and proposed solutions Where will you use this? Professional interactions Praxis II Unit Quiz

3. Section 504 of the Rehabilitation Act of 1973 Purpose: to protect from discrimination individuals with disabilities who are in programs receiving federal funds Promote access to activities Reasonable accommodations Covers extracurricular activities as well Calls for an individualized, Free Appropriate Public Education Due process similar to IDEA

4. When should you refer for a 504 plan (Yell, 2006, p. 140)? Child has been referred for special education but not evaluated Child was determined to be ineligible for services under IDEA Serious problem behavior Suspension or expulsion Grade retention Not benefitting from instruction Serious illness/injury An outside source diagnoses a disability Chronic health condition At risk Potential for Dropping Out Drug Abuse Suspected Disability Has already been referred by a parent or another teacher

5. Americans with Disabilities Act (Amended in 2008) Extends Section 504 to the private sector Private schools Parochial schools What are the changes in 2008? Expands the definition of major life activities Cannot consider mitigating measures beyond glasses/contacts Remission is not considered to be an exclusion If only regarded as – not entitled to accommodation

6. Disproportionate Representation – a Controversy Minority groups are more likely to be identified as having a disability Intellectual disabilities LD Emotional Disturbance Proposed causes Test bias Socio-economic factors Lack of access to quality instruction Teacher ethnicity Cultural misunderstandings?

7. Implications/Suggestions for Improving the Situation Whats the fallout? Labeling Achievement gaps Increased risk for dropout Early Intervening/RtI services Increasing family involvement Teacher training Early Intervention and Head Start services BEING AN ENGLISH LANGUAGE LEARNER DOES NOT QUALIFY YOU FOR SPECIAL EDUCATION!!!!!

8. For More Information Gentry, R. (2009). Disproportionate representation of minorities in special education--how bad?Online Submission. Guiberson, M. (2009). Hispanic representation in special education: Patterns and implications. Preventing School Failure, 53(3), 167-176. Yell, M.L. (2006). The law and special education (2 nd Ed.). Upper Saddle River, NJ: Pearson Merrill Prentice-Hall. http://www.eeoc.gov/ada/amendments_notice.html