February 2007 A1-1 Appendix 1A. Section 504 of the Rehabilitation Act of 1973.............................................A1-3 Appendix 1B. The Americans with Disabilities Act of 1990..............................................A1-7 Appendix 1C. Comparison of the IDEA, Section 504, and the ADA...............................A1-11 Appendix 1D. Summary of the McKinney- Vento Homeless Assistance Act……………A1-17 : Appendices in the Idaho ous laws. The appendices should be viewed as Idaho . The district is to adopt as policy or procedure any of the appendices in this manual to receive February 2007 A1-2 Section 504 of the Rehabilitation Act of 1973 February 2007 A1-3 Appendix 1A Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination against persons with disabilities by any organization or institution that receives federal financial assistance. Because the district receives federal funds, it must comply with the provisions outlined in Section 504. Grant recipients must provide access and opportunities to qualified individuals with disabilities who wish to participate in their services, activities, or programs. Discrimination occurs when an institution fails or refuses to provide an opportunity or a service, benefit, or privilege to a qualified individual with a disability. Section 504, like the Americans with Disabilities Act of 1990 (ADA), is a broad civil rights statute, and the two laws have many similar or 1. the provision of services to students; 2. physical accessibility; 3. preparation of self-evaluations and transition plans; 4. employment; and 5. compliance procedures. Section 504 states that “an individual with a disability is one who has a physical or mental impairment that substantially limits one or more ‘major life activities,’ one who has a record of such an impairment, or is regarded as having such an impairment.” 1. “Major life activities” include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 2. A “physical or mental impairment” has been defined as: a. any physiological disorder or condition, co February 2007 A1-4 Appendix 1A Section 504 of the Rehabilitation Act of 1973 b. any mental or psychological disorder, su “Has a record of such an impairment” means anyone who “has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.” 4. “Is regarded as having an impairment” means anyone who: a. “has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation”; b. “has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment”; or c. “has none of the impairments defined but is treated by a recipient as having such an impairment.” It is important to note that certain conditions are excluded from these definitions of disability. For example, Section 504 specifically excludes persons who currently use illegal drugs. In unless they are also “qualified” to participate in an activity. disability, with regard to elementary and 1. a person with a disability who is of an age during which persons without disabilities are 2. a person with a disability who is of any age during which it is mandatory under state law to provide elementary or secondary educational services to persons with disabilities or to whom a state is required to provide a free appropriate public education under the Depending on the case, individuals may be “qualified” simply by their status as a student or a Section 504 of the Rehabilitation Act of 1973 February 2007 A1-5 Administrative requirements under Section 504 are broad. The law requires that the district: 2. Designate an individual to oversee compliance. 3. Develop a transition plan if structural changes are needed to achieve program 4. Develop a grievance procedure to handle complaints of discrimination based on The U.S. Department of Education regulations opriate services, and procedural safeguards in in the IDEA 2004. However, not all individuals 1. Evaluate the student. 2. Develop an accommodation plan for any needed service. a. Although there is no requirement that the to develop a written plan to document all accommodations that would be provided b. The plan may also include related services even though the student may not need, 3. Implement the plan for the delivery of that service. Section 504 of the Rehabilitation Act of 1973 February 2007 A1-6 comply with Section 504. Enforcement agencies encourage informal mediation and voluntary compliance. Complaints related to providing an appropriate public education for students under U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, WA 98174-1099 E-mail: ocr_seattle@ed.gov Within Idaho, inquiries can be made to: Idaho State Department of Education Division of Student Achievement and School Accountability The Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 (ADA) is a comprehensive civil rights law barring discrimination against individuals with disabilities. The ADA reinforces or expands rights 1. the Individuals with Disabilities Education Act Amendments of 1997 (IDEA); 2. Section 504 of the Rehabilitation Act of 1973 (Section 504); and 3. the Carl D. Perkins Vocational and Applied Technology Education Act of 1990 A. Key Principles been viewed historically as civil rights for individuals with disabilities: 1. a focus on the individual; 3. equal opportunity; 4. physical accessibility; and 5. the provision of reasonable accommodation and auxiliary aids and services. B. Effect on Schools Because the ADA is a civil rights law, it preempts all local, state, and federal laws that grant mandates. Nevertheless, a wide range of public and private institutions, including educational institutions, must comply with the ADA. ore, educators must apply ADA principles to The Americans with Disabilities Act of 1990 Services: The ADA affects accessibility audits, removal of barriers both Employment: A. Individual with a Disability As stated in the ADA, “an individual with a disability is one who has a physical or mental impairment that substantially limits one or more major life activities, one who has a record of such an impairment, or is regarded as having such an impairment.” This definition of an B. “Qualified” Individuals also are “qualified” to participate in an activity. Depending on the case, people may be “qualified” simply by their status as a student or a parent. Under the ADA, schools must assist individuals with disabilities who are qualified to participate in school programs from which they might otherwise be excluded. Educators must realize the ADA’s mandate has several implications: 1. Before turning away a student with a disability as unqualified to participate in a school 2. Educators must ensure that qualifications are relevant. 3. Qualifications must be applied consistently to all individuals. The Americans with Disabilities Act of 1990 The ADA contains five broad administrative requirements for public institutions. These requirements include the following: 2. An individual in the district must be designated to oversee compliance. 3. A transition plan must be developed if stru ctural changes are needed to achieve program 4. A grievance procedure must be developed to handle complaints of discrimination based 5. The district must inform the public about the ADA. Schools are expected to comply with the ADA and Section 504 even though federal agencies will not conduct general compliance monitoring. Instead, the appropriate agencies will investigate specific complaints. The ADA’s enforcement procedures build on those under Section 505 of the Rehabilitation Act For more information, or answers to questions regarding the ADA, contact: The Americans with Disabilities Act of 1990 Information in this appendix was taken in part from published by the American Vocational Association. Comparison of the IDEA, Section 504, and the ADA Disabilities Education Act agrees to participate it must administered by the Department of Health and Welfare in Idaho. development, and other is a comprehensive federal law services, commissions for the assistance program. prohibits discrimination on the basis of disability. Individuals excluded from or denied the benefits of any program or Section 504 is mandatory. No Failure to comply could result in potential loss of all federal The Americans with discrimination in employment if an organization employs 15 or more individuals. Title II Title III protects the rights of Participation is mandatory. Failure to comply could result in the award of compensatory and punitive damages. Comparison of the IDEA, Section 504, and the ADA are eligible for Part B if they The law lists specific including autism, deaf- blindness, developmental delay, emotional disturbance, hearing impairment, A team of qualified (the evaluation team) development delays are 504 automatically protects children who are eligible for a physical or mental impairment that substantially limits a major life activity are performing manual tasks. The life activity that is affected protected, an individual must the program or activity. Same as 504. A public entity may not impose eligibility criteria for participation in its programs Comparison of the IDEA, Section 504, and the ADA to a free appropriate public means at public means in conformance with an IEP benefit must be more than The district must provide student to benefit from reasonable accommodations. This is true in employment and public schools (elementary and Eligible preschool, elementary, implemented for eligible accommodation plan to document the accommodations services may be required even combination with Section prohibits discrimination and basis of disability. It also provides for equality of or benefit from programs and reasonable accommodations for students with disabilities. Comparison of the IDEA, Section 504, and the ADA Written notice and consent requirements but reasonable accommodations must be provided for entrance exams. Districts must ensure that a continuum of alternative placements exists for students cannot be removed from the general education classroom or curriculum unless the education classroom with supplementary aids and Placement decisions must be made annually by the IEP team. 504 has the same require- ments for a continuum of alternative placements as the IDEA and presumes that general education classroom 504 does not mention the general education curriculum. Placement decisions are made annually by a group of draw on information from a must be integrated to the maximum extent appropriate. Separate programs are permitted where necessary to exclusion from the regular program is prohibited. Reasonable accommodations may be required in the regular program even when a special program for a special program may affect accommodations that must program. Comparison of the IDEA, Section 504, and the ADA must receive notice when the placement, or the provision must be written, includes specific components. It is placement. Written consent is required for all assessments and initial placement in special Elaborate and complex A parent must receive notice refuses to initiate or change placement, or the provision of changes in placement. It is a for all changes in placement. Expulsion and long-term or in placement and invoke manifestation of his or her manifestation of his or her disability may cease. Comparison of the IDEA, Section 504, and the ADA compliance coordinator or a or the district may request mediation. It is voluntary and Department of Education Any individual may file a formal complaint with the or the district may request a has a 45-day time line for Decisions may be appealed to civil court. Administrative remedies must be exhausted before filing a suit in civil If a district employs more than 15 people it must designate a 504 compliance coordinator mediation. Formal complaints may be filed with the Office for Civil Districts must have a hearing same as the IDEA procedure administrative remedies. entities that employ more No provisions for mediation. Complaints can be filed with the OCR or the Department investigates complaints No administrative hearing file a suit in federal district Summary of the McKinney-Vento Homeless Assistance Act The McKinney-Vento program is designed to a ddress the problems that homeless children and youth have faced in enrolling, attending, and succeeding in school. Under this program, State educational agencies (SEAs) must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youth. Homeless children and youth should have access to the educational and The program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act The McKinney-Vento Act defines “homeless children and youth” as individuals who lack a fixed, regular, and adequate nighttime residence. The term includes: Children and youth who are: sharing the housing of other persons due to loss of housing, economic hardship, or living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; living in emergency or transitional shelters; abandoned in hospitals; or awaiting foster care placement. Summary of the McKinney-Vento Homeless Assistance Act Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; Children and youth who are living in cars, parks, public spaces, abandoned buildings, Migratory children who qualify as homeless because they are living in circumstances Some of the key provisions of the McKinney-Vento Homeless Assistance Act are as follows: Districts are prohibited from segregating a homeless child or youth in a separate school, or in a separate program within a school, based on the child or youth’s status as homeless. Districts must adopt policies and practices to the request of the parent or guardian (or in the case of the unaccompanied youth, the liaison) to and from the school of origin. If a dispute arises over school selection or placement, the district must admit a homeless child or youth to the school in which enrollment is sought by the parent or guardian, Summary of the McKinney-Vento Homeless Assistance Act School districts, as recipients of Federal financial assistance and as public entities, must ensure that their educational programs for homeless children are administered in a nondiscriminatory manner. Although the Department’s Office for Ci prohibit discrimination, under the Homeless Assistance Act, each district is to establish an informal process for resolving disputes that may arise. The State Department of Education provides guidance on the process and the time limit for the dispute process if the matter is http://www.sde.idaho.gov/sasa/docs/new/Homeless.doc http://www.sde.idaho.gov/sasa/documents/MVHomelessNon-RegulatoryGuidance_000.doc
Appendix 1 Appendix Contents