Chapter 5: Section 504 and the Americans with Disabilities Act

Question 1

Section 504 of The Rehabilitation Act of 1973 states

Answer 1

• No otherwise qualified handicapped individual in the United States…shall, solely by reason of his handicap, be excluded from the participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance
• Passage of ADA further heightened attention to the requirements of 504

1. Section 504 prohibits public schools from excluding students from participating in school programs and activities solely on the basis of a disability.
   
   2. It requires schools to take effective steps to prevent harassment on the basis of disability.
   3. It requires schools to make accommodations to ensure that students with disabilities have opportunities to benefit from its programs and activities that are equal to those provided to students without disabilities.

Question 2

IDEIA vs. 504/ADAA

Answer 2

1. Federal funds are provided under IDEIA to each state that develops plan to offer a free and appropriate education to all children with disabilities vs School districts must comply with 504 if they receive any federal funds for any purpose
2. Compliance with IDEIA is monitored by the Office of Special Education Programs (OSEP) vs The Office for Civil Rights (OCR) monitors compliance with 504
3. To be eligible for special education services under IDEIA students must be found eligible under one of the 13 categories of disability, and they must need special education because of that disability vs Under 504/ADAA, the term disability means a physical or mental impairment that substantially limits one or more of the major life activities of the individual
4. IDEIA requires students with disabilities be provided an education reasonably designed to confer benefit vs
   504/ADAA requires schools to provide students with disabilities educational opportunities equal to those of peers who do not have a disability.
5. 504 does not require reevaluation of student every 3 years

Question 3

Discrimination under 504

Answer 3

• Schools may not deny pupils with disabilities an opportunity to participate in or benefit form any of the services or benefits it affords others.
• Schools may provide different or separate benefits or services to pupils with disabilities but only if such action is necessary to provide them with services that are as effective as those provided to others.
• When separate programs or activities exist a school may not deny a qualified student with a disability the opportunity to participate in programs or activities that are not separate or different.
• 504 also requires schools to make accommodations for student with 504-only disabilities to ensure they are afforded educational opportunity equal to their non-disabled peers

Question 4

504/ADAA Eligibility

Answer 4

• Individual with a disability is a person who has a physical or mental impairment which substantially limits one or more of his or her major life activities
• The determination whether a physical or mental impairment substantially limits a major life activity is made without regard to the “ameliorative effects of mitigating measures” such as medication; medical devices (except for ordinary glasses and corrective lens); assistive technology; accommodations, aids, or services; or learned behavioral or adaptive neurological modifications.
• The term disability also includes persons who can document that they experienced illegal discriminatory actions against them because of the perception of a disability, whether or not they have an actual impairment

Question 5

Recommended 504/ADAA Evaluation Questions

Answer 5

• Is there a physical or mental impairment?
  1. Does that impairment substantially limit a major life activity?
  2. What kind of accommodations would be needed so that the student will be able to enjoy the benefits of the school program?
  3. 504/ADAA does not require a specific categorical diagnosis or a medical diagnosis.

Question 6

504 Evaluation to Determine Eligibility

Answer 6

• An evaluation of a student is required under 504 if it is believed that the pupil may qualify as having a disability under 504/ADAA and may need special school services or accommodations because of that impairment.
• Schools should notify parents of their rights under 504 when permission for evaluation is requested (or if the parent requests an evaluation and the school denies the request).

Question 7

Evaluation Procedures

Answer 7

• Test and evaluation materials must be valid, fair, and administered by trained personnel.
• Decisions must be made by a group of persons knowledgeable of the child, the evaluation data, and the educational options.
• Evaluations must be timely.
• Evaluations must be at no cost to the parent.
• Periodic reevaluation is required and reevaluation is required prior to change of placement.

Question 8

504 Accommodation Plan

Answer 8

A description of the nature of the concern.

• Written accommodation plan not required by law, just recommended
  1. A description of the basis for the determination of the 504/ADAA disability.
  2. A description of how the 504/ADAA disability affects a major life activity.
  3. A description of the accommodations that are necessary.
  4. The date when the plan will be reviewed or reassessed.
  5. The names and titles of the participants at the accommodation plan meeting

Question 9

Free Appropriate Public Education” under 504/ADAA

Answer 9

• “Appropriate education” is defined under 504/ADAA as “the provision of regular or special education and related services… that are designed to meet the individual needs of handicapped persons as adequately as the needs of non-handicapped persons are met…”
• Section 504/ADAA (like IDEIA) requires placement in the least restrictive appropriate environment.