New Guidance from the U.S. Department of Education and the U.S. Department of Justice on effective communication with students with disabilities

From the Office for Civil Rights - U.S. Department of Education

Dear Colleague:

Today the U.S. Department of Education’s Office for Civil Rights and Office of Special Education and Rehabilitative Services, together with the U.S. Department of Justice’s Civil Rights Division, issued joint guidance about the rights of public elementary and secondary students with hearing, vision, or speech disabilities to effective communication. The guidance, in the form of a letter to educators (available in Spanish) with an attached Frequently Asked Questions document, is intended to help schools understand and comply with federal legal requirements on meeting the communications needs of students with disabilities. We are also releasing a fact sheet on the guidance for parents (available in Spanish).

Please share this information widely with your members, affiliates, and networks.

Thank you,

Office for Civil Rights
U.S. Department of Education

Questions? Contact Us

Section 504 and IDEA Comparison Chart

School can be a stressful environment for the child and a time of vulnerability. Appropriate accommodations and modifications can reduce stress and can assist in achieving and maintaining educational success. 

As a parent, you are your child's greatest advocate, supporter, and cheerleader. By becoming knowledgeable regarding educational laws as well as services and programs available within your community, you can ensure that your child receives a Free and Appropriate Public Education (FAPE). There are two primary laws that cover your child's rights to a public education:

Read more of this article at The National Center for Learning Disabilities website HERE.

Are Children at Private Schools Entitled to Services Under Section 504?

The parents of a student in Baltimore have sued the school district for not providing services under Section 504 of the federal Rehabilitation Act of 1973.

The parents of student D.L., who has ADHD and an anxiety disorder, enrolled their child in a private school several years ago. Then they requested an evaluation from the school district to see if their child was eligible for special education services.

Eventually, their lawsuit says, the city of Baltimore school district evaluated D.L. and found that he was eligible for 504 services, but not while attending a private school. When the parents filed an official complaint, the hearing officer agreed that D.L. couldn't get 504 services even if he or she was enrolled at both the private school and a public school. He had to be enrolled at a public school full time. That led to a lawsuit in 2010.

A U.S. District Court in Maryland upheld the school district's decision.

However, D.L.'s family appealed to the 4th District Court of Appeals last fall. And now the National School Boards Association and other groups are voicing their support for the district court's ruling.

"Congress did not intend through Section 504 for school districts to pay for students enrolled unilaterally in private schools by their parents," said NSBA's General Counsel Francisco M. Negrón Jr., in a statement. "The Fourth Circuit should not expand Section 504 to require public schools to fund the education of students in private schools beyond the parameters of the Individuals with Disabilities Education Act."

The NSBA is joined by the Maryland Association of Boards of Education and the Virginia School Boards Association.

read more of Nirvi Shah's On Special Education article HERE.

Disability Rights Education & Defense Fund Invites You to START SOMETHING BIG

Tuesday May 1, 2012, 5:30–8PM
Ed Roberts Campus, 3075 Adeline Street, Berkeley, CA

THE START OF SOMETHING BIG
In 1977, our three honorees helped start something big when they were part of a landmark disability rights event that began in San Francisco and ended in victory in DC. Working in concert with grassroots and government allies, they forced the issuing of the regulations implementing Section 504 of the Rehabilitation Act of 1973, the first federal civil rights protections for persons with disabilities in the history of the United States. A precursor to the Americans with Disabilities Act, Section 504 united and ignited the disability community, mobilizing it to work with allies in the legislature and administration, and establish legal public interest watchdogs. Our honorees will talk about their respective roles in that process as elected official, citizen advocate, and policy architect, and how they have continued to do disability justice together. Join DREDF in celebrating disability rights pioneers who aren't afraid to start something big.

More details at the DREDF website HERE.

HHS takes action to ensure equal access for the deaf and hard of hearing

From U.S. Department of Health and Human Services

HHS’ Office for Civil Rights (OCR) has entered into a settlement agreement with Advanced Dialysis Centers in Randallstown Maryland (“ADC”), to ensure individuals who are deaf and hard of hearing have equal access to programs and activities as required under Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA).

This settlement follows an OCR investigation into a complaint filed by the sister of a deaf patient at ADC who alleged that the facility repeatedly failed to provide adequate sign language interpreter services essential to her brother’s understanding of important medical decisions and treatment options.

Read complete article HERE.

DREDF Workshop: Understanding the Special Education Process: IEP Basics & Beyond

FREE: An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (except August and December)
Next Offered: February 13, 2012
Time: 6:00 – 8:30 pm (Pizza and soft drinks included!)
Where: Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 at Ashby BART
Classroom: Bernard Osher Education Center
More details HERE.

Districts Must Expand Definition, Services to Students With Disabilities

By Nirvi Shah from Education Week

A new letter from the Office for Civil Rights at the federal education department details how school districts should act on some changes to federal law regarding people with disabilities. The way I'm reading it, the letter expands the range of students to whom school districts' may have to provide special education services and accommodations, including some who in the past may have been found not to need those services.

The letter is intended to clarify school districts' obligations following amendments made to the Americans with Disabilities Act that took effect in 2009. Those amendments say school districts should define disability very broadly, writes Russlynn Ali, the assistant secretary for civil rights, in a set of questions and answers that accompany the letter.

Read complete article HERE.

The Power of 504 (open caption, english)

By DREDF uploaded on vimeo HERE.

UPCOMING DREDF WORKSHOPS. REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process: IEP Basics & Beyond

Cost:FREE

An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (not July or August)
Next Offered: June 13, 2011
Time: 6:00 – 8:30 pm (Pizza and soft drinks included!)
Where: DREDF, Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 at Ashby BART
Classroom: The Bernard Osher Foundation Education Center, First Floor
To Register: Contact Katie at (510) 644-2555 X5227 or kkeil@dredf.org

The Difference Between Section 504 and Individuals with Disabilities Education Act (IDEA)

FAPE: Free and Appropriate Public Education:
IDEA: "Appropriate Education" means a program designed to provide educational benefit from specially designed instruction and services.
Section 504: "Appropriate Education" means related aids and services to meet the educational needs as adequately as the needs of a non-504 student.

Areas Covered:
IDEA: Covers education
Section 504: Covers employment, public access to buildings, transportation, and education

Eligibility:
IDEA: If determined that the student qualifies under on or more specific qualifying conditions and requires specially designed instruction to benefit from education.
Section 504: Physical or mental impairment that substantially limits one or more major life activity. Major life activities include:walking, hearing, seeing, speaking, breathing, learning, caring for oneself, and performing manual tasks.
IDEA students are also covered under Section 504, but not all Section 504 students are eligible for services under IDEA.
IDEA: Covers infant to 22.
Section 504: Covers all people no matter what age.

Procedural Safeguards:
IDEA and Section 504: Requires notice to the parent/guardian with respect to identification, and/or placement and procedural protections.
IDEA: Requires written notice.
Section 504: Written notice is advised.

Evaluations:
IDEA: A full comprehensive evaluation is required, assessing all areas related to the suspected or known disability. The student is evaluated by a multidisciplinary team.
Section 504: Evaluation draws from information for a variety of sources in the area of concern.
IDEA: Requires informed consent before an initial evaluation is conducted
Section 504: Does not require consent, only notice.
IDEA: Reevaluations to be conducted at least every 3 years
Section 504: Periodic reevaluations.
IDEA: Reevaluation is not required before a significant change in placement.
Section 504: Reevaluation is required before a significant change in placement occurs.

Placement Procedures:
IDEA and Section 504: When interpreting evaluation data and making placement decisions, requires the district to:
a. Draw upon information from a variety of sources.
b. All information is documented and considered.
c. Eligibility decision made by a group of persons, including those knowledgeable about the student, the meaning of the evaluation data, placement options.
d. The student is educated with "typically developing" peers to the maximum extent appropriate

Due Process:
IDEA and Section 504: Require districts to provide impartial hearings for parent/guardian who disagree with the identification, evaluation, or placement of the student.

Enforcement:
IDEA: U.S. Office of Special Education Programs. Compliance monitored by the State Department of Education and the Office of Special Education Programs.
Section 504: U.S. Office of Civil Rights.

Information gathered from: MDUSD Section 504 of the Rehabilitation Act of 1973 Procedural Handbook for Educators. LD Online Council for Exceptional Children www.ldonline.org. Wrightslaw - Section 504 and IDEA. www.wrightslaw.com