Section 504:

Moving from

Compliance to Access

Louis Cabuhat, BS M.ED.

Learning Objectives: (at the conclusion of this presentation, the reader will

be able to: Discuss at least three Acronyms or Terms related to Student’s

w/Disabilities

State the Purpose of Title II of the ADA

State the Purpose of Title III of the ADA

List at Least One Difference Between Section 504 and the ADA

List at Least One Difference Between Section 504 and the IDEA

Outline at Least Three Services that May Increase Access to Student’s

w/Disabilities

Discuss the Differences Between Section 504 and FAPE

State at Least Two Functions of a Postsecondary School ADA Coordinator

Moving from:

Compliance

Access

Clarifying

Common Acronyms & Terms

IDEA: Individual with Disabilities Education Act

ADA: Americans with Disabilities Act

Section 504: A Civil Rights Law

Title II of the ADA

Title III of the ADA

IEP: Individualized Education Program

OCR: Office of Civil Rights

FAPE: Free Appropriate Public Education (for primary and secondary education

Title II: Covers PUBLIC ENTITIES: state funded schools such as school districts universities, community colleges and vocational schools

(Modeled on Section 504)

Title III: Covers PRIVATE colleges and vocational schools

Section 504: Covers all schools that receive federal dollars regardless of whether it is private or public

Key Differences Between ADA and

Section 504

For Postsecondary Schools:

Not many differences at all

Section 504 refers to a Civil

Rights Law and offers protection

to persons with disabilities from

discrimination

Section 504 applies only to

recipients of Federal financial

assistance, while the ADA applies

to entities that don't necessarily

receive such assistance.

ADA broadens the definition to apply to

business that must comply

ADA

Section 504

Key Differences Between IDEA and

Section 504 and the ADA

For Postsecondary Schools:

Large Difference(s)

Unlike IDEA, Section 504 and ADA do not ensure that a child with a disability will receive an individualized educational program (IEP) that is designed to meet the child's unique needs and provide the child with educational benefit, so the child will be prepared for "for further education, employment and independent living.”

IDEA

Section 504 &

ADA

Definition: Section 504 of the

Rehabilitation Act of 1973 A civil rights law designed to prohibit the discrimination of an

individuals with a disability as defined by the Americans with

Disability Act (ADA) Amendments by any program that receives federal financial assistance

Section 504 of the Rehabilitation Act has been strengthened by the Americans with Disabilities Act (ADA).

Section 504 prohibitions against discrimination apply to

Service availability

Accessibility

Delivery

Employment

Administrative activities

Section 504 is all about ACCESS to

Education

Qualifying for special education services is

outlined in the Individuals with Disabilities

Education Act (IDEA)

This is the overarching deferral legislation for

outlining special education practices in the

United States

Services Under IDEA: Who’s Eligible?

First, a child must be found to have one of the 13 kinds of disabilities that IDEA covers. They are:

Autism

Deaf-blindness

Deafness

Emotional disturbance

Hearing impairment

Intellectual disability

Multiple disabilities

Orthopedic impairment

Other health impairment (including ADHD)

Specific learning disability (including dyslexia, dyscalculia and dysgraphia, among others)

Speech or language impairment

Traumatic brain injury

Visual impairment, including blindness

Services that may Increase Access:

Qualified interpreters

Assistive listening systems

Captioning

TTYs Telecommunication Device

Qualified readers, audio recordings, taped texts,

Braille materials, large print materials

Adapted computer terminals are examples of

auxiliary aids and services that provide effective

communication

A Need for Efficient Self-Advocacy Skills

in Higher Education Scenarios

Students WITH A DISABILITY who wish to participate in higher education must either:

Self-Identify their needs for special accommodations or services

Present documentation in the form of an IAP or medical note

http://www2.ed.gov/about/offices/list/ocr/transition.html

Admission Requirements Under Section 504:

The postsecondary program cannot have eligibility requirements that screen out people with physical or mental disabilities. Application forms cannot ask applicants if they have a history of mental illness or any other disability.

Postsecondary Education and FAPE

Unlike a high school, a postsecondary school is not

required to provide FAPE (Fair Access to Public Education)

Rather, a postsecondary school is required to

provide appropriate academic adjustments as

necessary to ensure that it does not discriminate

on the basis of disability.

In addition, if a postsecondary school provides

housing to nondisabled students, it must provide

comparable, convenient, and accessible housing

to students with disabilities at the same cost.

Understanding the role of the ADA

Coordinator Serves as the principal planning coordinator for

University programs, policies, and procedures relating

to school’s compliance and the promotion of school’s

opportunities for persons with disabilities.

Ensures that appropriate processes are in place to

provide for the prompt and equitable resolution of

complaints and inquiries from school employees and

students, as well as the public regarding compliance

with the ADA and other applicable federal and state

laws regarding discrimination on the basis of disability

http://ada.osu.edu/jobdescription.htm

Colleges Working to Satisfying

Section 504

Modifying policies, practices or procedures

to make programs accessible

Develop a Plan to Remain Compliant

Provide Protections (e.g. disciplinary

protections)

Staff need to be able to think on their feet

Creation of a more ‘Welcoming’ environment

Evaluations Whereas higher education is concerned, this translates into a

physician’s diagnosis, without proof of substantial limitation on the student’s ability to learn

https://www.understood.org/en/school-learning/evaluations/evaluation-basics/understanding-the-full-evaluation-process#item1

An evaluation takes into consideration all student needs, including:

Health

Vision

Social and emotional development

Learning potential

Academic performance

Communication skills

Motor skills

Individual Accommodation Plan (IAP)

With an IAP, it is generally easier to get services

in place

Schools often take the positon that they are not

required to provide services under 504

This is because there is no federal funding for 504 plans but

there is funding for special education services

Writing an IAP (requirements):

evidence to support the plan:

Documentation that the student’s disability meets the criteria as

defined in Section 504 regulations

Documentation that states how the disability limits the specific

major life activity. This documentation should include information

such as grade book data, logs, progress reports, etc.

Documentation of reasonable interventions and accommodations

that are student specific. Remember that the IAP accommodations

must relate to the major life function, which is impacted by the

disability. For example, a student with a broken leg needs access

to an elevator as an accommodation, but it would be unlikely that

they would need dictation to a scribe. Team decisions must be

based on all available data.

Data and recommendations provided by a third party must be

considered.

Special 504 Services Unrelated to

Education Services:

A student with an allergy that needs

classroom accommodations

A student with ADHD needs to be allowed to

doodle or do other work to avoid being

disruptive

A student in a wheelchair that requires

elevator access, bus transportation or a

parking permit

Examples of Modifications to Policies,

Programs, or Procedures Allowed

Rescheduling classes to an accessible location

Early enrollment options for students with disabilities

Substitution of specific courses required for completion of degree requirements

Allowing service animals in the classroom

Providing students with disabilities with a syllabus prior to the beginning of class

Clearly communicating course requirements, assignments, due dates, grading

criteria both orally and in written form

Providing written outlines or summaries of class lectures, or integrating this

information into comments at the beginning and end of class

Allowing students to use notetakers or tape record lectures.

Reducing a course load

Modifications will always vary based on the individual student's needs.

Modifications of policies and practices are not required when it would

fundamentally alter the nature of the service, program, or activity.

Examples of Modifications to Policies,

Programs, or Procedures Not Required

Although your school may be required to provide extended

testing time, it is not required to change the substantive

content of the test. In addition, your postsecondary school

does not have to make adjustments that would

fundamentally alter the nature of a service, program, or

activity, or that would result in an undue financial or

administrative burden.

Modifications will always vary based on the individual

student's needs. Modifications of policies and practices are not

required when it would fundamentally alter the nature of the

service, program, or activity.

Case Study No. 1

Student with a disability claimed that the

college discriminated against him by

shortening the class schedule

RESPONSE: The college agreed to provide

compensatory education in the LRC on a

routine basis

Case Study No. 2

Student undergoing sexual reassignment

surgery claimed that the school failed to

provide her with proper access

to a bathroom

RESPONSE: The college agreed to provide a

private bathroom that was designated as

‘Gender Neutral’

Case Study No. 2

Student with a physical disability known as

dwarfism who was seeking enrollment to the

Massage Therapy Program

RESPONSE: The college agreed to provide a

the student with a massage table shortened

to an appropriate height for the student to

perform tasks.

Filing a Complaint of

Discrimination

For information on how to file a complaint of discrimination, or to obtain

information of a civil rights nature, contact:

Hotlines: 1(800) 368 –1019 (voice)

E Mail: ocrmail@hhs.gov

Website: http://www.hhs.gov/ocr

1(800) 537 - 7687