| Section 504, the ADA, and Accommodations for Students with Disabilities: Questions and Answers |
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by: Advocacy Center
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| Q. | What is Section 504? |
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| A. | Section 504 is part of the Rehabilitation Act of 1973. It is a federal law that prohibits discrimination in all federally-funded programs. The law says that any organization that receives federal funds may not discriminate against otherwise qualified individuals on the basis of handicap. |
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| Q. | What is the ADA? |
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| A. | The ADA, or the Americans with Disabilities Act, is a federal law that was enacted in 1990. The ADA expands the rule of the Rehabilitation Act and SEction 504 to prohibit discrimination in all government services, including education and privately operated places of public accommodation. |
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| Q. | What do these laws have to do with my child? |
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| A. | According to both Section 504 and the ADA, if your child is disabled (Section 504, the older of the two laws, uses the term "handicapped"), then the school must provide reasonable accommodations for your child in order to ensure that she is not discriminated against on the basis of her disability. |
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| Q. | How do the ADA and Section 504 define "disabled" or "handicapped"? |
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| A. | The definition of handicapped under the law is very broad. Basically, the law states that a person is disabled if she:
1. Has a physical or mental impairment which substantially limits one or more major life activity;
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment. |
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| Q. | What is a "major life activity?" |
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| A. | Major life activities include such things as walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performaing manual tasks. |
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| Q. | What are "reasonable accommodations?" |
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| A. | Accommodations are reasonable if they provide "meaningful equal opportunity" to persons with disabilities. The limitation to accommodations is that it may not impose an undue burden or hardship on the school if they were provided.
Reasonable accommodations may include:
- Modified homework requirements
- Provision of taped textbooks
- Changes in the way tests are given
- Provision of paraprofessional assistance
- Seating in the front row of classroom
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| Q. | If I believe my child may need, and is qualified to receive, accommodations under Section 504/ADA, how do I go about requesting it? |
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| A. | One way to begin is to approach your child's teacher to find out if she has noted the same behaviors that concern you. You could also contact the school principal to find out who at the school is responsible for evaluation of referred students and the coordination of accommodation plans for students under Section 504/ADA. It is best to make your request for an evaluation of your child's need for accommodation in writing to that person, or to the school principal. |
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| Q. | Who decides if my child qualifies for Section 504/ADA assistance? |
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| A. | In Louisiana, the committee that reviews, evaluates and prepares accommodation plans at the school level is called the School Building Level Committee, or SBLC. It is usually made up of teachers. |
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| Q. | What if I request the school's SBLC to evaluate my child and nothing happens? |
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| A. | You may want to contact the Parish Coordinator for Section 504/ADA. At this point you may also wish to contact an advocacy agency like Families Helping Families at 1-800-766-7736 or Advocacy Center at 1-800-960-7705 for assistance. |
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| Q. | Is my child in "special education" if she receives accommodation under Section 504/ADA? |
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| A. | No. Section 504/ADA has a broad definition of what is a disability, and includes many students who are not eligible for special education. Section 504 also guarantees help to students who are perceived (thought of by others) as impaired (for example, students with communicable diseases or temporary disabling conditions). |
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| Q. | Why is the definition of disabled so broad under Section 504/ADA? |
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| A. | The intent of the law is to make sure that all persons receive an education on an equal level. Accommodations are used to equalize opportunity for all students. |
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| Q. | Who should I contact if I feel the school is not following my child's accommodation plan or refuses to accommodate my child under Section 504/ADA? |
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| A. | If you are still not satisfied with the school's efforts after contacting your parish coordinator for 504/ADA, you may want to file a complaint with the Office of Civil Rights, which is responsible for enforcing Section 504/ADA. |
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| Q. | What should I put in my letter of complaint to the Office of Civil Rights? |
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| A. | 1. Your name, address and telephone number;
2. Reason why you believe you or your child has been discriminated against (for example, race, national origin, skin color, sex, handicap, or age);
3. Person(s) affected by the discrimination (you can list 1 person or a group of people);
4. Name and address of the organization (local school, school board, university, pupil appraisal center) you believe is discriminating;
5. Date(s) (put as near as you can remember, even if you can't remember the exact date) of any acts you believe were discriminatory;
6. A short description of the event(s) that you believe were discriminatory. It is important to be as specific as you can in describing what you think should be investigated; and
7. Your original signatur. |
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| Q. | Where should I send the complaint? |
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| A. | Send the complaint to:
Department of Health & Human Services, Office of Civil Rights, 1200 Main Tower Building, Room 2250, Dallas, TX 75202.
You should send your letter of complaint within 180 days of the discriminatory act, but this timeline can be waived (forgiven) by the Office of Civil Rights. For more help in writing a complaint, and preparing for an investigation by the Office of Civil Rights, see Chapter 17 of the publication Education Is For All Children, which is available from Families Helping Families. |
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| Q. | Can you give me some examples of student disabilities and what a school has to do? |
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| A. | What if...
1. A student has a hearing problem that limits her ability to hear in the classroom. If the school moves her to the front row, is that a reasonable accommodation under Section 504?
Maybe, if the student's ability to benefit from the instruction is now equal to her non-disabled peers. However, the school system may not merely give aids, benefits or services which are not as effective as those given to others. If the student needs an interpreter to have an equal opportunity, that may be the accommodation that is required.
2. A student has a hard time finishing his written work or tests in the time given, due to lower reading skills, and is getting poor grades as a result. The teacher has noticed that the student understands what needs to be done, but needs more time to write out his answers. The student has been tested and is not eligible for "special education" services. Can the teacher give the student more time to finish some tasks? What about letting the student give answers orally instead of in writing?
Both of these methods are reasonable accommodations that can be developed by the SBLC, written into an accommodation plan, and be implemented by the teacher on a regular basis.
3. A student with a disability wants to participate in an extra-curricular activity and the school says that she must "try-out" and "make the cut" under the same rules as other students.
The school system may be violating Section 504/ADA. Depending of the type of extra-curricular activity, the school system must accommodate students with disabilities in "try-outs" just as they have to in the classroom. The law says that the school cannot discriminate against an "otherwise qualified" person because of his disability. This may mean giving extra time for finishing a "try-out;" oral, visual or gestural prompts; and so on.
It is not right for a school to refuse a student with a disability access to a program without giving the student reasonable accommodation during the "try-out," and during the activity, if needed. The accommodation can include modification of (changing) the admission or "try-out" requirements. The reason for the modification is that it will "level the playing field," so that students with disabilities will get an equal opportunity for participation in an activity. If and only if, the requirements of an activity are an essential element of the activity, can the school not make modifications. |
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