Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School

1. Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA): After High School

2. Training Agenda Legal Background After High School

3. Legal Background

4. There are No IEPs after High School After a student leaves high school, IDEA no longer applies Section 504 and the ADAAA are important for youth with disabilities and their parents to understand Legal obligations of employers and postsecondary institutions are very different from K-12 public schools

5. What is Section 504? Part of the Rehabilitation Act of 1973, a national civil rights law It prohibits discrimination on the basis of disability by any program or activity (including postsecondary institutions) that receive federal financial assistance

6. What Section 504 Says “No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

7. Related Laws: Section 504 & Americans with Disabilities Act Amendments Act (ADAAA) of 2008 • ADAAA prohibits discrimination of people with disabilities by: • All qualifying private employers (Title I) • All state and local government programs, including the public schools (Title II), and • All places of public accommodation, including non-religiously controlled colleges and universities and test agencies (Title III) • Section 504 preceded enactment of ADAAA and has generally been used as basis for disability discrimination protection in postsecondary institutions • Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II

8. ADA Amendments Act of 2008 (ADAAA) Requires that the definition of disability be interpreted broadly The new definition of disability in the ADAAA must be used when determining Section 504 eligibility

9. Person with a Disability: ADAAA/504 Definition Does the student: have a physical or mental impairment* which substantially limits one or more major life activities? *or has a record of having an impairment or is regarded as having an impairment

10. 504/ADAAA Disability Definition Part 1:Impairment Any physiological condition that affects a bodily system, or any mental or psychological disorder

11. 504/ADAAA Disability Definition Part 2:Substantial Limitation More than material limitation but less than severe limitation (Look to condition, manner, duration) Mitigating measures may not be considered (hearing aids, medication, etc.) Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.)

12. 504/ADAAA Disability Definition Part 3:Major Life Activity Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating Section 504 • Caring for oneself • Performing manual tasks • Walking • Seeing • Hearing • Speaking • Breathing • Learning • Working

13. Additional Major Life Activities (Bodily Functions) Brain Circulatory Endocrine Reproductive Neurological Immune system Normal cell growth Digestive Bowel Bladder Respiratory

14. Test Your Knowledge What is the name of the law that includes Section 504? What are the three parts of the definition of disability under Section 504?

15. Section 504 After High School

16. Self-Advocacy is Critical Services are not received by entitlement Students must request services and demonstrate eligibility

17. Side-by-Side Comparison

18. Postsecondary Institutions & 504 • Cannot deny admission to qualified students on basis of disability • Must make necessary changes to policies and procedures (academic adjustments such as substitution of courses, classroom accommodations, or waiving full-time financial aid requirements for students who must take fewer courses at a time)

19. Postsecondary Institutions & 504, cont. • Must ensure student is not discriminated against because of absence of needed auxiliary aids (i.e. notetakers, interpreters, audio text) • Not required to provide personal accommodations (attendants, devices for personal use, etc.)

20. Eligibility for 504 in College IDEA or 504 services in high school do not guarantee eligibility for accommodations in postsecondary education Student must self-identify and provide documentation of disability Student must be qualified and meet the academic and technical standards for admission

21. Disability Documentation Student Responsibility: • Provide assessment that identifies disability and functional limitations and need for academic adjustment or auxiliary aids or services College Responsibility: • Set reasonable standards for documentation and specify how much documentation is needed • Use an “interactive process” to determine appropriate academic adjustments and auxiliary aids and services that meet the student’s individual needs

22. Grievance Procedures &Dispute Resolution Discrimination allegations can be addressed by: Contacting the 504 Coordinator and handling the issue informally Using the school’s 504 grievance process Contacting the Office for Civil Rights (OCR) and filing a complaint Filing a law suit in federal court

23. Tips for a Smooth Transition Contact the college’s disability or student services office and ask what their procedures are for requesting accommodations or auxiliary aides Provide a copy of documentation of disability and need for academic adjustment or auxiliary aid or service

24. Tips for a Smooth Transition, cont. Utilize summary of performance required under IDEA Put any requests in writing as soon as possible! Remember that it is the student’s responsibility to follow the procedures Communicate and work cooperatively

25. Section 504, the ADAAA, & Employment Employers: Can’t refuse to hire or promote because of a disability – as long as job qualifications are met. Can ask about applicants’ ability to perform a job, but prior to job offer cannot inquire about disability status. Must provide reasonable accommodations to people with disabilities. Do not need to provide accommodations that impose an undue hardship on business operations.

26. Resources

27. References ADA Amendments Act of 2008 The 411 on Disability Disclosure Workbook (National Collaborative on Workforce and Disability) Section 504 of the Rehabilitation Act of 1973 Regulations IDEA/504 & ADAA Workshop (SPAN) Transition of Students with Disabilities to Postsecondary Education: A Guide for High School Educators (OCR)

28. References, cont. Frequently Asked Questions About Section 504 and the Education of Children with Disabilities(OCR) Academic Adjustments & Auxiliary Aids & Documentation (OCR) Students with Disabilities: High School to College (OCR) Americans with Disabilities Act Questions and Answers (EEOC) Section 504 and Students with Disabilities (WI FACETS)

29. Office for Civil Rights http://www2.ed.gov/about/offices/list/ocr/index.html National OCR Headquarters: 800-421-3481 Find your regional OCR office (also listed on next slide): http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm Complaint Information: http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html

30. OCR – Regional Officeshttp://www2.ed.gov/about/offices/list/ocr/addresses.html

31. ADAAA Information Department of Justice ADA Information Line: 1-800-514-0301 www.ada.gov ADA National Network of Technical Assistance Centers 1-800-949-4232 www.adata.org