Section 504, the Americans with
Disabilities Act Amendments Act, and
Students with Disabilities:
From Early Childhood to Young Adulthood
1
Training Agenda
 Legal Background
 Section 504 & Public Schools Overview
 504 Evaluation
 504 Plan & Services
 Procedural Safeguards
 After High School
 Child Care and the ADAAA
2
Legal Background
3
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 schools) that
receive federal financial
assistance
4
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.”
5
Related Laws:
IDEA* and Section 504
 Both may provide services and protections to students with
disabilities
 All students found to be eligible under IDEA are also
protected by Section 504, but not all students protected by
Section 504 are eligible under IDEA
 If a parent revokes consent for their child to receive special
education services under IDEA, the student may still be
eligible for a Section 504 plan and protections
*Individuals with Disabilities Education Act
6
IDEA/504 Diagram
All Students
Students with disabilities
504-eligible
students
IDEAeligible
students
7
Side-by-Side Comparison
Section 504
Funding?
No
IDEA
Federal & State
Eligibility
General disability
Determination definition
Disability categories & need
for special education and
related services
Evaluations
FAPE
Initial & “periodic”
Needs met as
adequately as those
without disabilities
Initial & triannual
Individualized educational
program from which child
receives educational benefit
Plan
504 Plan
IEP in writing
Enforcement
Office for Civil Rights State Education Agency
8
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
schools
 Courts and Office for Civil Rights (OCR) indicate that schools
should follow 504 regulations to comply with ADAAA Title II
9
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
10
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
11
504/ADAAA Disability Definition Part 1:
Impairment
 Any physiological condition that affects a
bodily system, or any mental or psychological
disorder
12
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.)
13
504/ADAAA Disability Definition Part 3:
Major Life Activity









Section 504
Caring for oneself
Performing manual tasks
Walking
Seeing
Hearing
Speaking
Breathing
Learning
Working
14









Added by ADAAA
Eating
Sleeping
Standing
Lifting
Bending
Reading
Concentrating
Thinking
Communicating
Additional Major Life Activities
(Bodily Functions)





15
Brain
Circulatory
Endocrine
Reproductive
Neurological






Immune system
Normal cell growth
Digestive
Bowel
Bladder
Respiratory
Test Your Knowledge
1. What is the name of the
law that includes
Section 504?
2. What are the three parts
of the definition of
disability under Section
504?
16
Section 504 and Public Schools
17
Section 504 and Public Schools
 Intent of civil rights laws is to provide equal
opportunity and prevent discrimination based on
disability
 Public schools must provide FAPE (free appropriate
public education) to each qualified student with a
disability
18
504 & FAPE:
What is an appropriate education?
 Meets a student's individual needs as adequately as the
needs of nondisabled students are met
 Places students with their nondisabled peers to the
maximum extent appropriate
 Includes evaluation and placement procedures
 Establishes due process procedures
19
Overview: The 504 Process






20
Referral
Evaluation
Eligibility Determination
Development of 504 Plan
Review
Reevaluation
504 Evaluation
21
Evaluation Referral
 Districts: Have “child find” obligation to evaluate
students who they suspect may have a disability
 Parents: May want to consider 504 evaluation if their
child did not qualify for services under IDEA but has
shown a pattern of not succeeding in the general
education classroom or has a diagnosis and needs
accommodations to fully participate in school
activities
22
Purpose of Evaluation
 Does the student
have a disability
under Section 504?
 If so, what are the
student’s individual
education needs?
23
Section 504 Evaluation Requirements
The evaluation must:
 Use valid tests conducted by trained personnel
 Assess all areas of educational need
 Accurately reflect achievement rather than disability
 Be completed in a reasonable amount of time
 Include process for periodic reevaluation
24
Medical Diagnosis and 504
 Medical diagnosis is not needed for Section 504
eligibility
 If 504 placement team determines a diagnosis is
required, the evaluation must be conducted at no
cost to the parents
 If a child does have a medical diagnosis, it does not
automatically qualify the student for 504 services
25
Reevaluation
Required:
 “Periodically” (not defined in 504, may use IDEA
timelines)
 Before changing placement (includes education
setting or significant change in service level)
 Suspension of more than 10 days
26
504 Plan & Services
27
504 Team
People who:
 are knowledgeable about
the student,
 can interpret data, and
 know the placement
options
28
Might Include:
 Principal
 Social Worker
 Counselor
 Psychologist
 Nurse
 Other School Staff
 Parent
Determining 504 Eligibility & Services
The team must consider all factors affecting a
student’s ability to receive FAPE:
 Evaluation data (aptitude and achievement tests)
 Teacher recommendations
 Physical condition
 Child’s social & cultural background
 Adaptive behavior
 Other sources of information (parents, doctors, etc.)
29
504 Plan
 Plan describes all services
and accommodations to
be provided to meet
student’s individual needs
 Written plan is not
required, but is considered
good practice and should
be requested by parents
30
Types of Educational Settings
 Regular classes
 Regular classes with supplemental services
 Special education and related services
Students must be placed in regular classrooms to
the maximum extent appropriate
31
Types of Supplemental Services
Examples include accommodations and modifications
such as:
 Removal of physical barriers
 Extended time for testing
 Adjustment of class schedule
 Rest periods
 Use of aids (calculators, recorders, notetakers,
modified textbooks, etc.)
32
 Individualized homework assignments
Types of Related Services
 Physical therapy
 Counseling, psychological, or social work services
 Assistive technology
 Speech & language services
 Occupational therapy
 Medical Services
 Staff training
33
Non-Academic Services
Section 504 also prohibits discrimination against
students with disabilities in non-academic
settings:
 Before and after-school programs
 Field trips
 Extracurricular activities & athletics
 Career/guidance services
 Transportation
34
Test Your Knowledge

What are the six steps in the 504
process, beginning with “referral”?

Who are potential members of a
Section 504 team?

What is the timeline for completing a
Section 504 evaluation?
35
Procedural Safeguards
36
Procedural Safeguards
 Notice
 Records review by parent or guardian
 Due process -- impartial hearing with
participation by parent and counsel
 A review procedure
37
504 Coordinator and
Grievance Procedures
School Districts must:
 Establish grievance procedures for resolving
complaints
 Designate a 504 Coordinator to ensure compliance
 Inform parents and students about the grievance
process
38
Additional Dispute
Resolution Options
 U.S. Department of
Education Office for Civil
Rights complaint (must be
filed within 180 days)
 Legal action in Federal Court
39
No Retaliation
Districts may not retaliate against individuals
for:
 asserting rights under 504/Title II
 opposing disability discrimination
 participating in a complaint process or hearing
40
Test Your Knowledge

What are the four
types of
procedural
safeguards under
Section 504?
41
Section 504 & Public Schools Review:
Interactive Activities
 Section 504
& IDEA
Scenarios
 Sample 504
Plans
42
Section 504 & IDEA Scenarios
43
Sample 504
Accommodations & Services
44
Child with ADHD
 Extra time to complete work
 Strategies for staying on task
 Reduced assignment length
 Two sets of books
 Supervision on outings
 Quiet room for tests
 Supervision of medication administration
45
Child with Diabetes
 Private space and time to monitor glucose levels
 Ability to eat snacks when needed
 Opportunity to make up work missed due to illness
 Health plan that includes training staff to
administer insulin shots at school or on field trips
46
Child with Severe Food Allergies
 Development of emergency health plan
 Lunch table free from allergen (e.g. “peanut free
zone”)
 Ability to store safe snacks at school for special
occasions
 Supervision of administration of medication
47
Child with Learning Disabilities
 Notetaker for class lectures
 Shortened homework assignments
 Assistive technology such as audio textbooks
 Extended time for tests
48
Child with Anxiety Disorder
 Extended time for tests
 Supervision of administration of medication
 Time for appointments with counselors/others
 Modified schedule
 Ability to take breaks in quiet setting
49
Child with Arthritis
 Modified schedule
 Movement plan to avoid stiffness
 Assistance with carrying (books, lunch tray, band
instruments, etc.)
 Assistive technology or notetaker
 Medication assistance
50
Section 504 After High School
51
General Overview:
Section 504 and Title II of the ADAAA
Who must comply?
 Section 504: recipients of federal funds
 ADAAA:
 Private employers (Title I)
 All state and local government programs (Title II)
 Public accommodations, including non-religiously controlled
colleges and universities and test agencies (Title III)
52
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
53
Self-Advocacy is Critical
 Services are not received by
entitlement
 Students must request
services and demonstrate
eligibility
54
Side-by-Side Comparison
High School
College
Eligibility
Evaluation conducted or
Determination paid by school district
Legal
Provide FAPE
Responsibility
Documentation
supplied by student
Ensure nondiscrimination
Procedural
Safeguards
Internal grievance or
OCR complaint
55
Due process or
OCR complaint
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)
56
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.)
57
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
58
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
59
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
60
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
61
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
62
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.
63
Child Care
& the Americans with Disabilities Act
Amendments Act (ADAAA)
64
Child Care Programs
Covered by the ADAAA
 Privately run centers (including home-based centers)
 All child care services provided by government
agencies (like Head Start, summer school or extended
day programs)
 Private centers operating on the premises of a
religious organization
 Programs run by religious organizations are not
covered unless required through contract with state
or county
65
ADAAA & Child Care Overview
Child Care Centers:
 May not discriminate against
children or persons with
disabilities
 Must provide equal
opportunity to participate
 Cannot exclude children with
disabilities unless their
presence would pose a direct
threat or require a
fundamental alteration of
their program
66
ADAAA Child Care Requirements
Facilities must:
 Make reasonable modifications to their policies and
practices
 Provide auxiliary aids and services needed for
effective communication with children or adults with
disabilities
 Make no additional charges to the parents as a result
of serving their child with a disability
67
Child Care Facility Accessibility
Facilities must:
 Remove readily achievable barriers (even if
program does not currently serve any children or
adults with disabilities)
 Ensure newly built and altered facilities are fully
accessible
Facilities may:
 Access resources such as tax credits or deductions
68
Decision-Making Process:
Accepting a Child with a Disability
 Providers must make individualized assessments
about whether they can meet the particular needs of
each child and not make decisions based on
generalization or stereotype
 Providers should talk with the parents or guardians
and other professionals who work with the child
69
What questions can be asked?
 Does the child have any diseases that are
communicable through the types of contact that
typically occur in the child care setting?
 Does the child have a specific condition that poses a
direct threat?
 Providers may not inquire about conditions such as
AIDS or HIV infection that have not been
demonstrated to pose a direct threat.
70
Unacceptable Reasons to
Exclude a Child
 Higher insurance rates
 Need for individualized attention
 Service animal
 Medication
 Severe allergies
 Delayed speech or developmental
delays
 Mobility impairments
 Need for toileting
71
Parent Responsibilities
 Provide all appropriate testing equipment, training,
and special food for the child
 Pay the child care center for services beyond those
required by ADAAA, such as hiring licensed medical
personnel to conduct complicated medical
procedures
72
Resources
73
References
 ADA Amendments Act of 2008
 Section 504, Title II, and Students with Disabilities in Public
Schools (OCR)
 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)
 Free Appropriate Public Education for Students with Disabilities:
Requirements under Section 504 of the Rehabilitation Act of
1973 (OCR)
74
References, cont.
 OCR Complaint Processing Procedures
 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)
 Commonly Asked Questions About Child Care Centers and the
Americans with Disabilities Act (DOJ)
 Americans with Disabilities Act Questions and Answers (EEOC)
 Section 504 and Students with Disabilities (WI FACETS)
75
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
76
OCR – Regional Offices
http://www2.ed.gov/about/offices/list/ocr/addresses.html
Boston Office (CT, ME, MA, NH, RI, VT)
(617) 289-0111
Chicago Office (IL, IN, IA, MN, ND, WI)
(312) 730-1560
New York Office (NJ, NY, PR, VI)
(646) 428-3800
Cleveland Office (MI, OH)
Telephone: (216) 522-4970
Philadelphia Office (DE, MD, KY, PA, WV)
(215) 656-8541
Kansas City Office (KS, MO, NE, OK, SD)
(816) 268-0550
Atlanta Office (AL, FL, GA, TN)
(404) 974-9406
Denver Office (AZ, CO, NM, UT, WY)
(303) 844-5695
Dallas Office (AR, LA, MS, TX)
(214) 661-9600
San Francisco Office (CA)
(415) 486-5555
District of Columbia Office (NC, SC, VA, DC)
(202) 453-6020
Seattle Office (AK, AS, GU, HI, ID, MT, NV,
OR, WA, MP)
(206) 607-1600
77