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
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: [email protected]
Website: http://www.hhs.gov/ocr
1(800) 537 - 7687
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