1. What is the jurisdiction of the Civil Rights Office (OCR), the Office of Special Education and Rehabilitation Services (OSERS), and the public education and education departments with respect to educational services for students with disabilities? OCR receives complaints from parents, students or advocates, conducts regulatory compliance checks, and provides technical support to school districts, parents, or advocates. 40. What are the responsibilities of regular teachers with respect to the implementation of Section 504 plans? What are the consequences if the county does not implement the plans? 5. Does OCR consider individual placement or other educational choices for students with disabilities? Title I complaints must be submitted to the United States within 180 days of the date of discrimination. Equal Employment Opportunity Commission (EEOC), or within 300 days if the complaint is filed with a local agency or state designated for fair employment practices. Individuals can only sue in federal court after receiving a “right of action” letter from the EEOC. Section 504 applies to eligible students with disabilities attending schools that receive federal financial assistance. To be protected under section 504, a student must be identified: (1) have a physical or mental disability that significantly limits one or more important life activities; or (2) have documented such a deficiency; or (3) be considered such a disability. Section 504 requires school districts to provide free appropriate public education (FAPE) to qualified students in their jurisdiction who have a physical or mental impairment that significantly limits one or more important life activities. 20.
Can school districts consider “mitigation measures” used by a student to determine whether he or she has a disability under section 504? Section 504 of the ADA is an anti-discrimination and civil rights law that requires that the needs of students with disabilities be met as adequately as the needs of people without disabilities. A 504 plan is an attempt to remove barriers and create a level playing field so that these students can safely enjoy the same opportunities as other students. The Architectural Barriers Act (ABA) requires buildings and facilities designed, constructed or modified with federal funds, or leased from a federal agency, to meet federal standards for physical accessibility. ABA requirements are limited to architectural standards for new and converted buildings, as well as newly leased facilities. They do not deal with activities carried out in these buildings and facilities. U.S. Postal Service facilities are covered by the ABA. For more information or to file a complaint, please contact: 18. How much information is sufficient to document that a student has a disability? OCR, a component of the U.S.
Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), a civil rights law that prohibits discrimination against persons with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition of discrimination to all state and local government services, programs, and activities (including public schools), whether or not they receive federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), which came into force on January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included an amendment consistent with the Rehabilitation Act of 1973 (“Rehabilitation Act”) that addresses the meaning of disability in Section 504. Standards adopted by the ADA should not limit Section 504 rights or remedies. The provisions of Title II that apply to matters of reasonable and free public education offer no better protection than the applicable provisions of Section 504. These guidelines focus on section 504. Office of Compliance and Disability Rights Division Office of Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development 451 7th Street, S.W., Room 5242 Washington, D.C. 20410 (800) 669-9777 (voice) (800) 927-9275 (TTY) www.hud.gov/program_offices/fair_housing_equal_opp/disability_main Requires an Individual Education Program (IEP). The IEP is a written document that identifies the services the student is receiving. It is developed with the participation of parents and school staff. The Air Carrier Access Act prohibits discrimination against qualified persons with physical or mental disabilities by domestic and foreign air carriers in air transportation.
It applies only to air carriers that regularly offer scheduled public hire services. The requirements cover a wide range of issues, including boarding aids and certain accessibility features in newly manufactured aircraft and new or modified airport facilities. Individuals can assert their rights under the Air Carrier Access Act by filing a complaint with the U.S. Department of Transportation or by filing a lawsuit in federal court. For more information or to file a complaint, please contact: Regular reassessment is required. This may be done in accordance with the IDEA Rules, which require a reassessment every three years (unless the parent and the public body agree that a reassessment is not necessary) or more frequently if circumstances warrant, or if the child`s parents or teachers request a reassessment, but not more than once a year (unless: the parent and the public body agree otherwise). Each act has different documentation and planning requirements. Table 3 shows how the laws differ. Children with disabilities should be educated “to the maximum extent possible” with children without disabilities. The withdrawal from ordinary education should only take place if teaching in general education classes cannot be satisfactorily achieved with the use of additional aids and services. The Education of Persons with Disabilities Act, commonly referred to as “IDEA,” is a federal law that governs how states and public institutions serve children with disabilities from birth to age 21.
Part B of the Education of Persons with Disabilities Act deals with the education of school-age students with disabilities. The main objectives of Part B are to ensure that all children with disabilities have access to adequate public education free of charge, with emphasis on special education and related services tailored to their particular needs and preparing them for further education, employment and independent living, and ensure that the rights of children with disabilities and their parents are protected. States and local educational institutions receive funding through IDEA to help them achieve these goals. Appropriate Modifications: Under legislation implementing Title II of the Anti-Dumping Agreement, public bodies are required to make appropriate changes to policies, practices or procedures where such changes are necessary to avoid discrimination on the basis of disability, unless the public sector body can demonstrate that the change would fundamentally change the nature of the service. Program or Activity The Fair Housing Act, amended in 1988, prohibits discrimination based on race, colour, religion, sex, disability, marital status and national origin. Coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. It is illegal to discriminate in any aspect of the sale or rental of apartments or to refuse an apartment to a buyer or tenant because of the disability of that person, a person associated with the buyer or tenant, or a person who wishes to live in the apartment. Other activities include, for example, financing, zoning practices, planning new construction and advertising. A school district must assess a student before providing services under section 504.