Students with Impairments

1
How Does Section 504 Fit?
Students with Impairments
504 Impairments Substantially Limits

IDEA Severe Impairments
Group 1 Chris Boone Harry Morgan Thomas
Whitley Deran Whitney
2
A Historical Perspective

• The Rehabilitation Act of 1973
• Individuals with Disabilities Education Act
  (IDEA)
• Americans with Disabilities Act
• Mills v. Board of Ed. of District of Columbia
• 348 F. Supp.886
• D.C.DC., (1972)

3
504 of the Rehabilitation Act of 1973

• No otherwise qualified individual with a
  disability in the United States, as defined in
  section 706(8) of this title, shall, solely by
  reason of her or his handicap, be excluded from
  participation in, be denied the benefits of, or
  be subjected to discrimination under any program
  or activity receiving Federal financial
  assistance or under any program or activity
  conducted by any Executive agency or by the
  United States Postal Service - 29 U.S.C. 794
  (a) (1973).

4
The Individuals with Disabilities Education Act
(IDEA) (formerly PL 94-142, a.k.a Education of
the Handicapped Act (EHA)

• Requires that public schools provide free and
  appropriate education and the least restrictive
  environment to persons with disabilities until
  high school graduation and or through the age of
  22.
• Most often used to obtain special education
  services for all students

5
The Americans with Disabilities Act

• Prohibits discrimination of the basis of
  disability by any public or private employer with
  fifteen or more employees.
• Prohibits discrimination against persons with
  disabilities by public accommodations
  including private elementary and secondary
  schools colleges, universities and others.
• Bragdon v. Abbott, 118 S.Ct.2196 (1998)

6
How do the three laws interact?

• Meaningful access to public schools for students
  with disabilities
• Anti-discrimination statue

7
The Concept of FAPE Free and Appropriate
Education

• No cost
• Appropriate Education
• Least Restrictive Environment

8
Eligibility for a (FAPE) under 504
Free and Appropriate Education

• 504 Only students
• qualified
• disabled

9
Disabled persons means any person who

• has a physical or mental impairment which
  substantially limits one or more major life
  activities,
• has a record of such impairment or
• is regarded as having such an impairment.

10
504 / IDEA Cases

• Jaynes v. Newport News School Board, VA, (4th
  Cir. 2001)
• Hessler v. State Board of Education of Maryland
  700 F. 2d 134 (1983)
• Barnett v. Fairfax County School Board 471 (4th
  Cir. 2001)
• Martinez By and Through Martinez v. School Bd. Of
  Hillsborough County, Florida 861 F.2d 1502 (1988)
  

11
The 504 Process

• Child Find
• Referral
• Evaluation
• Placement
• Does the 504 Student Need An IEP
• Reasonable Accommodations

12
Procedural Safeguards

• Notice
• Review of records
• Impartial Hearing
• Review Procedure

13
Anti-discrimination Protection

• Facilities (comparability and accessibility)
• Non-Academic Services
• Honor Roll, Class Rankings, and Notations on
  Report Cards and Transcripts
• Extracurricular Activities
• Retaliation/Intimidation/Coercion
• Parents and Public with Disabilities

14
Office of Civil Rights Findings

• William S. Hart (CA) Union High School District,
  26 IDELR 181 (OCR 1996)
• Todd v. Elkins School District 10 152 (8th
  circuit, 1997)
• Shireon (TX) ISD, 26 IDELR (OCR 1997)

15
Checking for Understanding

• IDEA eligible students who also have 504
  disabilities
• Should IDEA or 504 serve students with AD(H)D?
• Can parents of Sp Ed students demand services
  through 504?
• Should students dismissed from IDEA receive a
  504?

16
References

• Alexander, K and Alexander, M.D. (2001), American
  Public School
• Austin (TX) Independent School District, 25 IDELR
  253 (OCR 1996)
• Law (5th ed.) Wadsworth Thomson Learning
• Barnett v. Fairfax County School Board 471
  (Fourth Circuit)
• Fersyth County (NC) School District,26 IDELR 253
  (OCR 1997)
• Grove City College v. Bell (1984)
• Lyons v. Smith, 20 IDELR 164 (D.C.DC. 1993)
  School Administrative Unit 38, 19 IDELR 186 (OCR
  1992)
• Martinez By and Through Martinez v. School Bd. Of
  Hillsborough County, Florida
• Morrissey, P. (1993). The educators guide to the
  ADA. Alexandria, VA American Vocational
  Association
• Sutton v. United Airlines, 119 S.Ct. 2139 (1999)