Transition to Work and School: Legal Rights under IDEA and Section 504

1. Transition to Work and School: Legal Rights under IDEA and Section 504 Annika Pollock, Attorney at Law Dussault Law Groupannikap@dussaultlaw.com (206) 324-4300

2. Overview of Presentation • Introduction to ADA, 504 and IDEA • Comparison of 504 and IDEA • Transition under IDEA • Transition and College under 504 • Comparison of IDEA/504 Services in High School vs. College • Transition Resources

3. 1. Introduction to ADA, 504 and IDEA

4. The Americans with Disabilities Act (ADA) • The ADA passed in 1990 – the first comprehensive civil rights law for people with disabilities • Includes all state and local programs – not just programs that receive federal dollars

5. Section 504 of the Rehabilitation Act of 1973 (as amended) • Protects individuals with disabilities in programs and/or activities receiving federal funding • Includes students with disabilities in public schools and Institutions of Higher Education (IHEs) that are non-religiously controlled colleges and universities • Has a broader definition of “disability” than IDEA

6. The Individuals with Disabilities Education Act (IDEA) • Civil Rights and Education Act • Enacted in 1975 as the Education for All Handicapped Children Act • Most recently amended in 2004 • Disability is defined by specific categories outlined in federal regulations • “Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

7. ADA Amendments and Section 504 • The ADA Amendments Act of 2008 impacts implementation of Section 504 • While definition of disability did not change, the interpretation is now more inclusive • More young adults with learning disabilities will be covered under 504 • Definition: An individual: • With a physical or mental impairment that substantially limits one or more major life activities; • Who has a record of such an impairment; or • Who is regarded as having such impairment

8. Some Changes to Interpretation of ADA’s Definition of Disability • “substantially limits” – impairments that are episodic in nature or in remission must be considered at the time they are active • “major life activity” – expanded (e.g., used to include “learning” - now includes “reading”, “concentrating” and “thinking”)

9. 2. Comparison of IDEA and 504 Core principles of 504 Core principles of IDEA Comparison of IDEA and 504

10. Core Principles of 504 Full Participation Removal of barriers to general education Reasonable accommodations (modifications without the fundamental alteration of the nature of the program) Free Appropriate Public Education (FAPE) means “comparable” education – any opportunities afforded students without disabilities must be provided to students with disabilities

11. Core Principles of IDEA • Individualized Education – Implemented through the Individualized Education Program (IEP) • FAPE- Includes the provision of specially designed instruction and related services • Least Restrictive Environment (LRE) – Inclusion in regular education classroom

12. Comparison of IDEA and Section 504

13. 3. Transition under IDEA • History of transition services in IDEA • IEP meeting attendance • IEP transition planning • Statement of transition services

14. History of Transition in IDEA • 1990 Amendments – First added transition services to the IEP • 1997 – Requirements significantly broadened • IDEA 2004 – Revised again, with emphasis on post-school outcomes, including post-secondary goals.

15. IEP Team Participants IEP TEAM * *Student must be invited to transition planning meeting

16. IEP - Transition Services • IDEA 2004 - increased emphasis on need for transition planning • Transition Plan created and must contain: • measurable postsecondary goals • statement of transition services • Must begin planning at age 16 • Updated annually

17. Statement of Transition Services • Focuses on improving academic and functional achievement • Facilitates movement from school to post-school • postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation • Accounts for student’s individual strengths, preferences, and interests • Includes: • instruction, related services, community experiences, development of employment, post-school living objectives, and acquisition on daily living skills • Functional vocational evaluation

18. 4. Transition under Section 504 • Transition • College

19. Section 504 - Transition • Again, applies to all federally funded programs including school districts • Less instructive on transition than IDEA • Students covered under 504 can access transition services through DVR

20. Section 504 - College • More variation in implementation of law in each IHE • Educational support services accessed through the disability services office of each college campus • IHEs are mandated by 504 and ADA to provide access to their support programs to ALL students • All universities will have different types of services • Student Responsibility – students must disclose disabilities to IHEs if they want accommodations • Students have to provide documentation of disabilities to the disability services office

21. 5. Comparison of IDEA/504 Services in High School vs. College • Education is a right and FAPE must be provided in school • Education is not a right in college - students must meet admission requirements under ADA/504 • Both IDEA and 504 require schools to identify and locate students with disabilities (includes free testing, transportation and related services) • Students must self-identify, provide evaluation and support needs, get to school and obtain needed support services on their own in college

22. Comparison of IDEA/504 Services in High School vs. College, cont’d • Planning Methods in School: IEPs and 504 Plans • Planning at IHEs: Students choose coursework and are provided academic adaptations and other modifications - 504 Plans may be written • Student disability services offices exist to facilitate student support needs in IHEs

23. 6. Transition Resources • Division of Vocational Rehabilitation (DVR) • Client Assistance Program (CAP) • Other resources

24. Washington State Division of Vocational Rehabilitation (DVR) • “DVR believes employment contributes to a person’s ability to live independently and everyone has a right to work. Our mission is to empower people with disabilities to achieve a greater quality of life by obtaining and maintaining employment. “ • “As a division of the Department of Social and Health Services, with offices located throughout Washington, DVR has partnered with communities for over 70 years to help meet the employment needs of people with disabilities and employers.”* *For further information: www.dshs.wa.gov/dvr/

25. What does DVR provide? • Transition Services • Vocational Assessment Services • Counseling with a rehabilitation counselor • Job-match, job placement and follow-up counseling • Instruction on how to prepare for a job interview, create a resume • On-the-job training and vocational education or classroom training • Rehabilitation technology-customized devices and equipment and training • Costs of tuition, transportation, independent living and other disability-related expenses

26. Utilizing DVR for transition planning • Contact DVR office closest to your residence • Ask for assistance in creating a career goal – including attending college • Counselor liaison for every HS in Washington • Liaison should come to the school and meet with the teachers, student and parents (if under the age of 18) • DVR can help create an IPE (Individual Plan for Employment) • DVR can assist in writing a letter of agreement (outlining accommodations) to disability services office of college

27. Client Assistance Program (CAP)* • The Washington State Client Assistance Program (CAP) is a private non-profit organization • CAP is an advocacy program with the following services: • Provides information about the Division of Vocational Rehabilitation (DVR), the Department of Services for the Blind (DSB), Projects with Industry (PWI), and Independent Living Programs (ILP’s) • CAP staff will explain your rights and responsibilities as an applicant or client of these rehabilitation agencies • CAP staff will work to solve problems through mediation and negotiation *Information from www.washingtoncap.org

28. Resources • The National center for Learning Disabilities: www.LD.org/ParentBriefs • Transition Timeline – “To Do” List: www.vacollegequest.org/charting/transitiontimeline.shtml

29. Disclaimer/Notice • This training and written materials are designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the presenters are not engaged in rendering legal, financial or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. • Be advised that all written materials and power point slides are the intellectual property of the Dussault Law Group. These materials may not be distributed without the express written consent of the author.

30. Thank You! Annika Pollock Attorney at Law Dussault Law Group annikap@dussaultlaw.com (206) 324-4300