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OCR Statutes

OCR Statutes. Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Title II of the Americans with Disabilities Act of 1990 The Age Discrimination Act of 1975. The Institutions We Cover. State Education Agencies

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OCR Statutes

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  1. OCR Statutes • Title VI of the Civil Rights Act of 1964 • Title IX of the Education Amendments of 1972 • Section 504 of the Rehabilitation Act of 1973 • Title II of the Americans with Disabilities Act of 1990 • The Age Discrimination Act of 1975

  2. The Institutions We Cover • State Education Agencies • Elementary and Secondary School Systems • Colleges and Universities • Adult Education and GED Programs • Vocational and Proprietary schools • State Vocational Rehabilitation Agencies • Libraries

  3. OCR’s Approach to Civil Rights Enforcement • Technical Assistance • Presentations • Partnership Activities • Response to Inquiries • Complaint Processing • Resolution Between the Parties • Agreement to Resolve • Letter of Finding • Administrative/Judicial proceedings

  4. Section 504 of the Rehabilitation Act of 1973 • Prohibits discrimination against people with disabilities by recipients of federal financial assistance (Includes virtually all public and private colleges and universities, all public schools) • Regulations are generally more specific than Title II, and include requirements specific to colleges and universities – 34 CFR Part 104

  5. Title II of the Americans with Disabilities Act of 1990 • Prohibits discrimination against people with disabilities by public entities. • Definitions same as 504 but contains some definitions not found in Section 504, such as “communication.” • Requirements similar to Section 504.

  6. Basic civil rights objectives of Section 504 and the ADA • End isolation of persons with disabilities • Secure equal opportunity • Not necessarily identical treatment • Equivalent treatment (comparative) • Remove unnecessary barriers through academic adjustments and auxiliary aids • Foster independence • Prevent a hostile environment

  7. Some Technology-Based Programs and Activities • Web sites • Distance learning • Computer labs & class workstations • E-mail systems • Online services e.g., course registration • Library services e.g., catalog systems • “Business services” e.g., ticketing

  8. Summary of Principles • Students must be provided equally effective access to the program • Every “program” and “activity” is covered • On-site programs • Off-site programs • Programs receiving “significant assistance” • Non-academic programs

  9. 504, Title II & 508 all require access to information technology • 504 and Title II prohibit covered entities from discriminating against any person because of disability, whereas … • 508 contains specific standards for providing accessible technology – 36 CFR Part 1194. The standards are useful guidelines to consider for entities generally.

  10. Summary of Principles (cont’d) • Goal is “equally effective … communication”— a comparative standard for access to information • Law contemplates increased independence for people with disabilities through accessible technology • The preferences of consumers with disabilities need to be seriously considered • Failure to plan for technology access and ad hoc approach may result in access denial

  11. Summary of Principles (cont’d) • Institutions’ responsibilities aren’t without limits • Modifications and auxiliary aids and services not required if they would fundamentally alter the program or conflict with essential program requirements

  12. OCR Contact Information OCR Web site: http://www.ed.gov/ocr/ E-mail: ocr@ed.gov Phone: (800) 421-3481 Tim Spofford tim.spofford@ed.gov (206) 220-7932

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