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Educating, Equipping and Empowering Caregivers to advocate for their own children.
Produced by
@CulturalContrarian in partnership with @Certified_ADA_Advocate
©Cultural Contrarian 2023 All Rights Reserved
A Private Membership Association
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Advocating for your child in public education is a nightmare experience.
Most parents are completely exhausted and keeping ahead of a child's academic and social stability is often relegated to we will trust the system to work and step in when needed.
But if your child is experiencing the academic, social, and ideological friction inside school and struggling, this resource might help.
Public Education acts in Loco Parentis (as the Parent) until you reclaim your child's rights of liberty over the enforcement of policy.
Use this resource and provide feedback so we can help more families.
Cultural Contrarian
Ryan Miller - Founder of the CC Private Membership Association
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A childhood teeter-totter is a fun outdoor activity. Unless you are the gravitationally challenged smaller person, you are permanently left with your feet dangling in the air. To fix that problem one adjusts the pivot point or fulcrum, to equalize the weight, to enjoy the activity.
Managing a child's educational, social, emotional experience inside of public education is quite similar. The school can be that obese influence, having your child hoisted high stranded, unable to get their feet on the ground. Moving the pivot point is an effort. But what is that effort?
The effort begins with being open to exploring the culture of public education from the perspective of the institution. That means, what drives them, their rewards, recognition, responsibility, and obligations. When you have a better understanding of those elements you can begin exploring how to "partner" or work within the system to best take advantage of those resources to help guide your child.
All caregivers arrive at their own decision points navigating the numerous life priorities and the educational future of their children. Allow me to paint two extremes.
On one side will be the Helicopter parent. A parent that is flying above every single step, activity, relationship a child is involved in and landing to insert themselves to advise, guide, influence then take off hovering again.
The other side is the laissez-faire parent that is only involved when something critically important hits them directly. During a specific event they are all hands on deck, to address the problem then shift back away to allow the free range child to experience life.
Life is an individual journey, based upon individual family dynamics and anyone can bounce back and forth between Helicopter and Laissez-Faire or float in some middle area.
Assume that teachers have a similar challenge with their students and imagine which students will get the attention. Are you part of assisting your child to get the beneficial attention or distance where your child maybe behaving to attract negative attention. This eBook is to help parents be open to exploring resources available to their children and how to advocate to obtain those resources and not feel you are isolated and alone.
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Steps to secure a minor child's constitutional rights, from unlawful threats, intimidation, coercion duress in public education. When public educators and administrators enforce policy which conflicts with constitutional rights.
If you believe that your minor child's constitutional rights are being violated by public educators or administrators, there are a few steps you can take to try to address the issue and protect your child's rights.
It's important to note that securing a minor child's constitutional rights can be a complex process, and it may be necessary to seek the help of an attorney or other legal professional. However, by following the steps outlined above, you can take action to protect your child's rights and ensure that they receive a fair and just education.
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Pull your kid out of Public education and manage the joy and stress at home, of building your own child's, social, emotional, relational, and educational foundation.
Take advantage of your 3 minute speech, among other parents. Receive the support, encouragement, recognition, of speaking your voice. Hope for the change which you desire, but expect being ignored and potentially have your child retaliated, and isolated resulting from your actions.
Self-advocay begins with knowing their rules, the system and their process. Then how to use the LAW in their system. We provide an 8 week course, along with tremendous resources to embark on that journey (Certified ADA Advocate education through Cultural Contrarian Private Membership Association)
Don't want to be your own advocate, Hire one.
Some folks would prefer to hire someone to advocate on their behalf. Book a pre-consultation with a Certified ADA Advocate and see if that is the path for you.
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It is completely anticipated that everyone wants the quick fix, email, form, solution for major problem areas:
A paper is only is as powerful as the knowledge to stand up to those who don't want to or don't feel obligated to follow the paper. In most situations, the LAW.
We are about to share with you a piece of paper.
If you choose to use this paper, without understanding the power, then just accept the consequences. While you may not know them, please don't assume they don't exist.
Now, if you want the benefits, which are provided in this paper, it is strongly recommended that you slow down, read this eBook, and definitely do one of the following:
**If you purchase the training for the Certified ADA Advocate through Cultural Contrarian you get a 30% discount, and since we are a PMA it is tax deductible. To take advantage of the 30% discount.
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If you want to DOWNLOAD the Sample Letter to edit for your own child (Click Here) to get from DropBox file.
If you would like us to modify the document specific to your circumstances (CLICK BELOW) and fill out the FORM and we will edit the form for your review.
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The journey of self-advocy is not a quick sprint to the finish line. So much foundational knowledge is required. Everyone has their own educational background, career, and level of understanding regarding public service entities, the Supreme Court, The Constitution, the Legislative bodies, and the Policy Makers.
This is a quagmire of overwhelming complexity and we primarily function with the belief on the way things "should" function. How, we should be able to stand on the law. How public officials took an Oath and should be bound to honor their oath.
Unfortunately, their is a great chasm between the world of "Should" and the world of "Is".
The foundational truth which is very difficult to understand is this:
The massive disconnect is knowing where and how a public is held accountable to their oath. The answer is "They aren't". Because the process is unknown, the work is unknowable, and it costs time and money. End result, that very few people are capable of being successful in such an effort.
Before you jump into the forray of "forcing" public servants to be accountable, it's best to learn from those who have done it, are doing it, but not those who say it can be done.
We just suggest, let your yes be a yes, and your no be a no, avoid jumping into something blindly, without seeking counsel from those who have been down the path.
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Is requesting an IEP a way to ensure rights are protected for minor children in public education.
An individualized education program (IEP) is a document that outlines the special education and related services that a student with a disability will receive. It is developed by a team of educators, parents, and other professionals, and it is based on the student's specific needs. If your child is eligible for special education services, an IEP can be a way to ensure that their rights are protected and that they receive the support they need to succeed in school.
An IEP can include accommodations, modifications, and other supports that help a student with a disability access their education. For example, an IEP might specify that a student be given extra time to complete tests, or that they receive instruction in a small group setting.
If you are concerned about your child's rights in public education, requesting an IEP evaluation may be one way to ensure that your child's needs are being met and that they are receiving appropriate support. However, it's important to note that an IEP is not a guarantee of protection for your child's rights. If you believe that your child's rights are being violated, you may need to take additional steps to address the issue.
Is not stress, anxiety, fear, induced by those in public education who use threats, intimidation, coercion to enforce policy trigger a necessity for parental support? Or does the ADA stipulate that the unlawful actions by public educators, which preclude parental involvement a disability.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in various areas of public life, including education. The ADA requires schools to provide reasonable accommodations to students with disabilities to ensure that they have an equal opportunity to participate in and benefit from the educational program.
If a student with a disability is experiencing stress, anxiety, or fear as a result of their disability or the actions of school staff, their caregivers may need to provide additional support in order for the student to be able to fully participate in their education. In some cases, this support may be considered a reasonable accommodation under the ADA.
It is important to note that the ADA applies to individuals with disabilities, and not to students in general. Therefore, if a student is experiencing stress, anxiety, or fear as a result of the actions of school staff, such as threats, intimidation, or coercion the parent is encouraged to take a very proactive role. The school may have an obligation to address and remedy any such actions, as they could have negative impacts on the student's education and well-being.
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Is a citizen obligated to disclose a disability or nature of accommodation provided through ADA
The Americans with Disabilities Act (ADA) requires that employers, public accommodations, and other covered entities make reasonable accommodations for individuals with disabilities. An individual with a disability is not obligated to disclose their disability to their employer or to any other covered entity. However, if an individual wants to request a reasonable accommodation, they may need to disclose their disability in order to receive the accommodation. In general, an individual should only disclose their disability if they need an accommodation in order to participate in a particular activity or program..
Can a citizen deny disclosure to non HIPPA covered entities?
Yes, a citizen is not required to disclose their disability to a non-HIPAA covered entity unless they are requesting a reasonable accommodation. HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that protects the privacy of an individual's medical information. It applies to certain entities that handle medical information, such as healthcare providers and health plans. Non-HIPAA covered entities, such as employers, are not bound by HIPAA's privacy requirements and are not entitled to access an individual's medical information without their consent. However, if an individual is requesting a reasonable accommodation from a non-HIPAA covered entity, they may need to disclose their disability in order to receive the accommodation.
How does a citizen preclude public disclosure of private health information, to a non HIPAA Covered entity as a condition to receive an accommodation.
If an individual with a disability is requesting a reasonable accommodation from a non-HIPAA covered entity and wants to prevent the public disclosure of their private health information, they can request that the accommodation be made on a confidential basis. The individual can ask that the fact that they have a disability and the nature of the accommodation be kept private and not shared with others who do not need to know.
The non-HIPAA covered entity should respect the individual's request for confidentiality and make every effort to keep the information private. However, it is important to note that the entity is not required to keep the information completely confidential. For example, if the entity needs to involve other individuals in the accommodation process, such as coworkers or supervisors, it may be necessary to share some information about the individual's disability and the accommodation. In such cases, the entity should only share the minimum amount of information necessary to facilitate the accommodation.
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How does a private citizen, ensure confidentiality of personal information, with a non-HIPAA covered, public entity.
If a private citizen wants to ensure the confidentiality of their personal information with a non-HIPAA covered, public entity, they can take a few steps to protect their privacy.
First, the individual can ask that their information be kept confidential and only shared with those who have a need to know. They can request that the entity not disclose their information to any third parties unless required by law or necessary for the provision of services.
Second, the individual can ask the entity to implement appropriate safeguards to protect the confidentiality of their information. For example, they can request that the information be stored in a secure location, such as a locked cabinet or a password-protected computer, and that it only be accessed by authorized personnel.
It is also a good idea for the individual to carefully review any consent forms or agreements that they are asked to sign before disclosing their personal information. These documents may contain language outlining how the entity will use and protect the information. If the individual has concerns about the confidentiality of their information, they can raise them with the entity and request that the necessary changes be made.
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Is a citizen obligated to disclose a disability or nature of accommodation provided through ADA
How does a citizen preclude public disclosure of private health information, to a non HIPAA Covered entity as a condition to receive an accommodation.
If an individual with a disability is requesting a reasonable accommodation from a non-HIPAA covered entity and wants to prevent the public disclosure of their private health information, they can request that the accommodation be made on a confidential basis. The individual can ask that the fact that they have a disability and the nature of the accommodation be kept private and not shared with others who do not need to know.
The non-HIPAA covered entity should respect the individual's request for confidentiality and make every effort to keep the information private. However, it is important to note that the entity is not required to keep the information completely confidential. For example, if the entity needs to involve other individuals in the accommodation process, such as coworkers or supervisors, it may be necessary to share some information about the individual's disability and the accommodation. In such cases, the entity should only share the minimum amount of information necessary to facilitate the accommodation.
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A Quick ADA Resource
The following is taken directly from the Americans with Disability Act as defined in the Code of Federal Regulations.
We strongly encourage you review this material and become familiar with some of the language.
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(a)
(1)Disability means, with respect to an individual:
(i)A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(ii)A record of such an impairment; or
(iii)Being regarded as having such an impairment as described in paragraph (f)of this section.
(2)Rules of construction.
(i)The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.
(ii)An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1)of this section, the “actual disability” prong in paragraph (a)(1)(i)of this section, the “record of” prong in paragraph (a)(1)(ii)of this section, or the “regarded as” prong in paragraph (a)(1)(iii)of this section.
(iii)Where an individual is not challenging a public entity's failure to provide reasonable modifications under§ 35.130(b)(7), it is generally unnecessary to proceed under the “actual disability” or “record of” prongs, which require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. In these cases, the evaluation of coverage can be made solely under the “regarded as” prong of the definition of “disability,” which does not require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. An individual may choose, however, to proceed under the “actual disability” or “record of” prong regardless of whether the individual is challenging a public entity's failure to provide reasonable modifications.
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(b)
(1)Physical or mental impairmentmeans:
(i)Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
(ii)Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.
(2)Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder,Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
(3)Physical or mental impairment does not include homosexuality or bisexuality.
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(c)
(1)Major life activities include, but are not limited to:
(i)Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and
(ii)The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system.
(2)Rules of construction.
(i)In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard.
(ii)Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.
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(d)Substantially limits-
(1)Rules of construction.The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity.
(i)The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.
(ii)The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred, not the extent to which an individual's impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment substantially limits a major life activity should not demand extensive analysis.
(iii)An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment.
(iv)An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
(v)An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability within the meaning of this section.
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(d)Substantially limits-(continued)
(vi)The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for substantially limits applied prior to the ADA AmendmentsAct.
(vii)The comparison of an individual's performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence. Nothing in this paragraph (d)(1) is intended, however, to prohibit or limit the presentation of scientific, medical, or statistical evidence in making such a comparison where appropriate.
(viii)The determination of whether an impairmentsubstantially limitsamajor life activityshall be made without regard to the ameliorative effects ofmitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairmentsubstantially limitsamajor life activity. Ordinary eyeglasses or contact lenses are lenses that are intended to fully correct visual acuity or to eliminate refractive error.
(ix)The six-month “transitory” part of the “transitory and minor” exception in paragraph (f)(2)of this section does not apply to the “actual disability” or “record of” prongs of the definition of “disability.” The effects of an impairment lasting or expected to last less than six months can be substantially limiting within the meaning of this section for establishing an actual disability or a record of a disability.
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(2)Predictable assessments.
(i)The principles set forth in the rules of construction in this section are intended to provide for more generous coverage and application of the ADA's prohibition on discrimination through a framework that is predictable, consistent, and workable for all individuals and entities with rights and responsibilities under the ADA.
(ii)Applying these principles, the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage under paragraph (a)(1)(i)of this section (the “actual disability” prong) or paragraph (a)(1)(ii)of this section (the “record of” prong). Given their inherent nature, these types of impairments will, as a factual matter, virtually always be found to impose a substantial limitation on a major life activity. Therefore, with respect to these types of impairments, the necessary individualized assessment should be particularly simple and straightforward.
(iii)For example, applying these principles it should easily be concluded that the types of impairments set forth in paragraphs (d)(2)(iii)(A) through (K) of this section will, at a minimum, substantially limit the major life activities indicated. The types of impairments described in this paragraph may substantially limit additional major life activities(including major bodily functions) not explicitly listed in paragraphs (d)(2)(iii)(A) through (K).
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(A)Deafness substantially limits hearing;
(B)Blindness substantially limits seeing;
(C)Intellectual disability substantially limits brain function;
(D)Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function;
(E)Autism substantially limits brain function;
(F)Cancer substantially limits normal cell growth;
(G)Cerebral palsy substantially limits brain function;
(H)Diabetes substantially limits endocrine function;
(I)Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;
(J)Human Immunodeficiency Virus(HIV) infection substantially limits immune function; and
(K)Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.
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(3)Condition, manner, or duration.
(i)At all times taking into account the principles set forth in the rules of construction, in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.
(ii)Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function. In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual's impairment substantially limits a major life activity.
(iii)In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity is substantially limited, and not on what outcomes an individual can achieve. For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more major life activities, including, but not limited to, reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population.
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(3)Condition, manner, or duration.
(iv)Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration. This is particularly true with respect to impairments such as those described in paragraph (d)(2)(iii)of this section, which by their inherent nature should be easily found to impose a substantial limitation on a major life activity, and for which the individualized assessment should be particularly simple and straightforward.
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4)Mitigating measures include, but are not limited to:
(i)Medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies;
(ii)Use of assistive technology;
(iii)Reasonable modifications or auxiliary aids or services as defined in this regulation;
(iv)Learned behavioral or adaptive neurological modifications; or
(v)Psychotherapy, behavioral therapy, or physical therapy.
(e)Has a record of such an impairment.
(1)An individual has a record of such an impairment if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(2)Broad construction.Whether an individual has a record of an impairment that substantially limited a major life activity shall be construed broadly to the maximum extent permitted by the ADA and should not demand extensive analysis. An individual will be considered to fall within this prong of the definition of “disability” if the individual has a history of an impairment that substantially limited one or more major life activities when compared to most people in the general population, or was misclassified as having had such an impairment. In determining whether an impairment substantially limited a major life activity, the principles articulated in paragraph (d)(1)of this section apply.
(3)Reasonable modification.An individual with a record of a substantially limiting impairment may be entitled to a reasonable modificationif needed and related to the pastdisability.
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We all can become our own Certified Advocates, for our children. This is a great resource for learning.
Learn the nuance
504 v ADA part 2
Tik it's about diving deep with knowledge to stand courageously with that knowledge.
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(f) Is regarded as having such an impairment.The following principles apply under the “regarded” as prong of the definition of “disability” (paragraph (a)(1)(iii)of this section):
(1)Except as set forth in paragraph (f)(2)of this section, an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if thepublic entity asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA.
(2)An individual is not “regarded as having such an impairment” if the public entity demonstrates that the impairment is, objectively, both“transitory” and “minor.” A public entity may not defeat “regarded as” coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the public entity must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment), objectively, both“transitory” and “minor.” For purposes of this section, “transitory” is defined as lasting or expected to last six months or less.
(3)Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established under title II of the ADA only when an individual proves that a public entity discriminated on the basis of disability within the meaning of title II of the ADA,42U.S.C.12131-12134.
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(g) Exclusions.The term “disability” does not include -
(1)Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) Compulsive gambling, kleptomania, or pyromania; or
(3) Psychoactive substance use disorders resulting from current illegal use of drugs.
[AG Order 3702-2016,81 FR 53223, Aug. 11, 2016]
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As used in this subchapter:
(1)Public entityThe term “public entity” means—
(A) any State or local government;
(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) of title 49).
(2)Qualified individual with a disability
The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
(Pub. L. 101–336, title II, § 201,July 26, 1990,104 Stat. 337.)
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(a)In general
Not later than 1 year afterJuly 26, 1990, the Attorney General shall promulgate regulations in an accessible format that implement this part. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section12143,12149, or12164 of this title.
(b)Relationship to other regulations
Except for “program accessibility, existing facilities”, and“communications”, regulations under subsection (a) shall be consistent with this chapter and with the coordination regulations underpart 41of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare onJanuary 13, 1978), applicable to recipients of Federal financial assistance under section 794 of title 29. With respect to“program accessibility, existing facilities”, and“communications”, such regulations shall be consistent with regulations and analysis as inpart 39of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under section 794 of title 29.
(c)Standards
Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this part, other than facilities, stations, rail passenger cars, and vehicles covered by part B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204(a) of this title.
(Pub. L. 101–336, title II, § 204,July 26, 1990,104 Stat. 337.)
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This is a full nuts and bolts of Titles 1, 2, 3 of the ADA, writing letters, designing accommodation requests, follow through with complaints, judicial complaints, and more.
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This is a full nuts and bolts of Titles 1, 2, 3 of the ADA, writing letters, designing accommodation requests, follow through with complaints, judicial complaints, and more.
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WEEK 2 (Title 1 of the ADA Employment
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Here are resources that are provided inclusive of the teaching materials.
piechart
Sanitized FFC TITLE I Letter 2
EEOC_Enforcement_Guidance_on_Retaliation_and_Related_Issues_U_S
Week 3 COURT example_2_ SANITIZED
Week 3 Title II COURT Addendum Sanitized
Social Communication Disorder
QRG
MEDICAL SUPPORT LETTER SAMPLES
EEOC Enforcement Guidance on Reasonable Accommodation (1)
School_Bd_of_Nassau_County_v_Arline_480_U_S_273_1987_Justia_US_Supreme
ADA_Advocate_Scope
Court ADA Accommodation Form
ATTORNEY RESPONSE TO REQUEST FOR MODIFICATIONS
Suing A State Court For ADA Violations
Letter to Attorney Horsenozzle
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In responding to requests for technical assistance, the Office for Civil Rights (OCR) has determined that school officials would benefit from additional guidance concerning the effects of the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act) on public elementary and secondary programs. The following questions and answers provide this guidance.1
Q1: What disability-related Federal laws does OCR enforce?
A: OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504), a Federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (Department). Recipients of this Federal financial assistance include public school districts, other state and local educational agencies, and institutions of higher education.
OCR also enforces Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination against individuals with disabilities in state and local government services, programs, and activities (including public schools), regardless of whether they receive Federal financial assistance. Pursuant to a delegation by the Attorney General of the United States, OCR shares in the enforcement of Title II for all programs, services, and regulatory activities relating to the operation of public elementary and secondary educational programs, institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries.
Because Title II essentially extends the antidiscrimination prohibition embodied in Section 504 to all actions of State and local governments, the standards adopted in Title II are generally the same as those required under Section 504.See28 C.F.R. § 35.103(a). Title II and its implementing regulations do not establish a lesser standard of protection than Section 504 does.Id. To the extent that Title II provides greater protection, covered entities must also comply with Title II's substantive requirements.2
This guidance focuses on Section 504 and Title II in the context of public elementary and secondary education programs.
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Q2: What is the Amendments Act?
A: The Amendments Act was signed into law in September 2008 and became effective on January 1, 2009.3Congress passed the Amendments Act in part to supersede Supreme Court decisions that had too narrowly interpreted the ADA's definition of a disability. As members of Congress explained, "The ADA Amendments Act rejects the high burden required [by the Supreme Court] and reiterates that Congress intends that the scope of the Americans with Disabilities Act be broad and inclusive. It is the intent of the legislation to establish a degree of functional limitation required for an impairment to constitute a disability that is consistent with what Congress originally intended . . . ."4
The Amendments Act not only amends the ADA but also includes a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. 29 U.S.C. § 705(20)(B).5All persons covered by Section 504 or Title II are protected from discrimination under the general nondiscrimination regulatory provisions implementing these statutes, which cover program and physical accessibility requirements, as well as protection against retaliation and harassment. 28 C.F.R. pt. 35; 34 C.F.R. §§ 104.4, 104.21-23, 104.61 (incorporating 34 C.F.R. § 100.7(e)). The Amendments Act does not alter the school district's substantive obligations under Section 504 or Title II. Rather, as discussed further in Q4, it amends the ADA and Section 504 to broaden the potential class of persons with disabilities protected by the statutes.
Q3: Does the Amendments Act alter the Individuals with Disabilities Education Act (IDEA)?
A: No. The Amendments Act amends only the ADA and, through a conforming amendment, Section 504. The Amendments Act does not amend the IDEA, and therefore does not affect that law's requirements. The IDEA provides Federal financial assistance to states, and through them to local educational agencies or school districts, to assist in providing special education and related services to eligible children with disabilities.6The IDEA is administered by the Department's Office of Special Education Programs. States must comply with a number of specific legal requirements to receive IDEA funds. In order to be eligible for services under the IDEA, a student must fall into one or more of the disability categories specified in the statute and must also be determined to need special education. 34 C.F.R. § 300.8. Students who meet the eligibility criteria under the IDEA are also covered by Section 504 and Title II if they have a disability as defined under those laws. However, coverage under Section 504 and Title II of the ADA is not limited to students who meet the IDEA eligibility criteria. If, for example, a student has a disability under Section 504 and the ADA but needs only related services to meet his or her educational needs as adequately as the needs of nondisabled individuals are met, the student is entitled to those services even if the student is not eligible for special education and related services under the IDEA.
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Q4. How does the Amendments Act alter coverage under Section 504 and Title II?
A: The Amendments Act emphasizes that the definition of "disability" in Section 504 and the ADA should be interpreted to allow for broad coverage. Students who, in the past, may not have been determined to have a disability under Section 504 and Title II may now in fact be found to have a disability under those laws. A student whom a school district did not believe had a disability, and therefore did not receive, as described in the Section 504 regulation, special education or related services before passage of the Amendments Act, must now be considered under these new legal standards. The school district would have to evaluate the student, as described in the Section 504 regulation, to determine if he or she has a disability and, if so, the district would have to determine whether, because of the disability, the student needs special education or related services. 34 C.F.R. §§104.3(l), 104.33.
Section 504 and the ADA define disability as (1) a physical or mental impairment that substantially limits a major life activity; (2) a record of such an impairment; or (3) being regarded as having such an impairment. 29 U.S.C. § 705(9)(B); 42 U.S.C. § 12102(1). The Amendments Act does not alter these three elements of the definition of disability in the ADA and Section 504. But it significantly changes how the term "disability" is to be interpreted. Specifically, Congress directed that the definition of disability shall be construed broadly and that the determination of whether an individual has a disability should not demand extensive analysis. 42 U.S.C. § 12102 note. Among other changes, the Amendments Act specifies that:
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Q4. How does the Amendments Act alter coverage under Section 504 and Title II? (Cont)
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Q4. How does the Amendments Act alter coverage under Section 504 and Title II? (Cont)
In most cases, application of these rules should quickly shift the inquiry away from the question whether a student has a disability (and thus is protected by the ADA and Section 504), and toward the school district's actions and obligations to ensure equal educational opportunities. While there are no per se disabilities under Section 504 and Title II, the nature of many impairments is such that, in virtually every case, a determination in favor of disability will be made. Thus, for example, a school district should not need or require extensive documentation or analysis to determine that a child with diabetes, epilepsy, bipolar disorder, or autism has a disability under Section 504 and Title II.
Congress also expanded the definition of the term "major life activity." For a discussion of that term, see Question 6.
Q5: Should a school district revise its policies and procedures regarding the determination of coverage and provision of services under Section 504 and Title II?
A: Yes, if those policies and procedures do not implement the Amendments Act's new legal standards. As noted above, the definition of disability is to be interpreted broadly, so determining whether one has a disability should not demand extensive analysis, and the determination shall be made without regard to the ameliorative effects of mitigating measures. If a district determines that a student has a disability under these new legal standards, it must also evaluate whether, because of the disability, the student needs special education or related services as described in the Section 504 regulation. The school district must also determine whether additional requirements are implicated under Section 504 or Title II. If a district failed to implement the changes made by the Amendments Act, that district may be unlawfully denying Section 504 or Title II coverage to students.
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Q6. Does the Amendments Act address the "major life activities" referred to in the Section 504 and Title II regulations?
A: Yes. The Amendments Act contains two nonexhaustive lists of major life activities. The first list expands the examples set forth in the ADA regulation at 28 C.F.R. § 35.104, and the second list provides examples of "major bodily functions" that are now considered major life activities under the law. The list of major life activities in the ADA now includes, but is not limited to:
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The list of major bodily functions that are now considered major life activities includes, but is not limited to: functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.SeeAmendments Act § 4(a) (codified as amended at 42 U.S.C. § 12102).10
The examples of major life activities in the Section 504 regulatory provisions, at 34 C.F.R. § 104.3(j)(2)(ii), predate the Amendments Act, and are not exhaustive. Because the definition of disability in the ADA applies to Section 504, all the examples of major life activities listed in the Amendments Act also constitute major life activities under Section 504.
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Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
A: No. A student has a disability under Section 504 and Title II if a major life activity is substantially limited by his or her impairment. Nothing in the ADA or Section 504 limits coverage or protection to those whose impairments concern learning. Learning is just one of a number of major life activities that should be considered in determining whether a student has a disability within the meaning of those laws. 28 C.F.R. § 35.104; 34 C.F.R. § 104.3(j)(2)(ii). Some examples include: (1) a student with a visual impairment who cannot read regular print with glasses is substantially limited in the major life activity of seeing; (2) a student with an orthopedic impairment who cannot walk is substantially limited in the major life activity of walking; and (3) a student with ulcerative colitis is substantially limited in the operation of a major bodily function, the digestive system. These students would have to be evaluated, as described in the Section 504 regulation, to determine whether they need special education or related services. See Q9, below.
Therefore, rather than considering only how an impairment affects a student's ability to learn, a recipient or public entity must consider how an impairment affects any major life activity of the student and, if necessary, must assess what is needed to ensure that student's equal opportunity to participate in the recipient's or public entity's program.
Q8: Does the Amendments Act affect a school district's obligation to provide a free appropriate public education as described in the Section 504 regulation?
A: No. The Amendments Act does not alter the school district's obligation to provide a free, appropriate public education (FAPE), as described in the Section 504 regulation; rather, it amends Section 504 to broaden the potential class of persons with disabilities protected by the statute. As specifically set out in the Section 504 regulation, local educational agencies that operate elementary or secondary education programs are required to provide FAPE to qualified individuals with disabilities who are in their jurisdiction. 34 C.F.R. §§ 104.3(l); 104.33.11FAPE is defined in the Section 504 regulation as the provision of regular or special education and related services that are designed to meet the individual educational needs of persons with disabilities as adequately as the needs of nondisabled persons are met, and that are provided without cost (except for fees imposed on nondisabled students and their parents). 34 C.F.R. §§ 104.33(b)-(c).12
A school district's obligation to provide FAPE extends to students with disabilities who do not need special education but require a related service. For example, if a student with a disability is unable to self-administer a needed medication, a school district may be required to administer the medication if that service is necessary to meet the student's educational needs as adequately as the needs of nondisabled students are met. In order to satisfy the FAPE requirements described in the Section 504 regulation, the educational institution must comply with several evaluation and placement requirements, afford procedural safeguards, and inform students' parents or guardians of those safeguards. 34 C.F.R. §§ 104.35(a), 104.36.13
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Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
A: Although school districts may no longer consider the ameliorative effects of mitigating measures when making a disability determination, mitigating measures remain relevant in evaluating the need of a student with a disability for special education or related services. A school district must conduct an evaluation of any individual who because of a disability "needs or is believed to need" special education or related services. 34 C.F.R. § 104.35(a). An individual evaluation must be conducted before any action is taken with respect to the student's initial placement, or before any significant change in placement is made. 34 C.F.R. § 104.35. As explained in Q5, in determining if a student has a disability, the school district should ensure that it follows the expanded Amendments Act interpretation of disability, including the requirement that the ameliorative effects of mitigating measures not be considered. Once a school district determines that a student has a disability, however, that student's use of mitigating measures could still be relevant in determining his or her need for special education or related services.
The Section 504 regulation does not set out specific circumstances that trigger the obligation to conduct an evaluation; the decision to conduct an evaluation is governed by the individual circumstances in each case.
For example, consider a student who has Attention-Deficit/Hyperactivity Disorder (ADHD) but is not receiving special education or related services, and is achieving good grades in academically rigorous classes. School districts should not assume that this student's academic success necessarily means that the student is not substantially limited in a major life activity and therefore is not a person with a disability. In passing the Amendments Act, the managers of the Senate bill rejected the assumption that an individual with a specific learning disability who performs well academically cannot be substantially limited in activities such as learning, reading, writing, thinking, or speaking.14Thus, grades alone are an insufficient basis upon which to determine whether a student has a disability. Moreover, they may not be the determinative factor in deciding whether a student with a disability needs special education or related aids or services. Grades are just one consideration and do not provide information on how much effort or how many outside resources are required for the student to achieve those grades. Additionally, the Committee on Education and Labor in the House of Representatives cautioned that "an individual with an impairment that substantially limits a major life activity should not be penalized when seeking protection under the ADA simply because he or she managed their own adaptive strategies or received informal or undocumented accommodations that have the effect of lessening the deleterious impacts of their disability."SeeH.R. Rep. No. 110-730, pt. 1, at 15 (2008).
Some other examples of situations in which school personnel may reasonably conclude that a child needs or is believed to need special education or related aids and services include:
Furthermore, the Section 504 regulation states that tests and other evaluation materials must be validated for the specific purpose for which they are used. 34 C.F.R. §104.35(b)(1). As discussed in Q7, a student may have a disability even if his or her impairment does not substantially limit learning, as long as the impairment substantially limits another major life activity. (That was true even before the Amendments Act was passed). For instance, in the ADHD example above, the school district must consider other major life activities that may be substantially limited by the student's ADHD. The Amendments Act provides illustrative lists of major life activities, such as concentrating, thinking, communicating, and neurological or brain functioning.
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Q10: What should a school district do if it does not believe that a student needs special education or related services as described in the Section 504 regulation?
A: The Amendments Act does not alter the procedural safeguard requirements described in the Section 504 regulation. A school district should inform the student's parent or guardian of its decision and of the parent's or guardian's rights as set forth in 34 C.F.R. § 104.36. This provision requires a school district to establish a system of procedural safeguards for the identification, evaluation, and educational placement of persons who, because of disability, need or are believed to need special education or related services. Parents and guardians must be told about this system, notified of any evaluation or placement actions, allowed to examine their child's records, afforded an impartial hearing with opportunity for representation by counsel, and provided a review procedure. Compliance with the procedural safeguards of the IDEA is one means of meeting this requirement. 34 C.F.R. §104.36.
Even though a school district does not believe that a student needs special education or related services, it must still consider whether the student is entitled to a reasonable modification of policies, practices, or procedures. The extent of a school district's obligation to make reasonable modifications is fact-dependent and requires a case-by-case analysis. Examples of possible modifications include:
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Q11: What must a school district do for a student who has a disability but does not need any special education or related services?
A: As described in the Section 504 regulation, a school district must conduct an evaluation of any individual who, because of a disability, needs or is believed to need special education or related services, and must do so before taking any action with respect to the initial placement of the person in regular or special education or any significant change in placement. 34 C.F.R. §104.35(a). If, as a result of a properly conducted evaluation, the school district determines that the student does not need special education or related services, the district is not required to provide aids or services. Neither the Amendments Act nor Section 504 obligates a school district to provide aids or services that the student does not need. But the school district must still conduct an evaluation before making a determination. Further, the student is still a person with a disability, and so is protected by Section 504's general nondiscrimination prohibitions and Title II's statutory and regulatory requirements.See28 C.F.R. §35.130(b); 34 C.F.R. §§ 104.4(b), 104.21-23, 104.37, 104.61 (incorporating 34 C.F.R. § 100.7(e)).
For example, suppose a student is diagnosed with severe asthma that is a disability because it substantially limits the major life activity of breathing and the function of the respiratory system. However, based on the evaluation, the student does not need any special education or related service as a result of the disability. This student fully participates in her school's regular physical education program and in extracurricular sports; she does not need help administering her medicine; and she does not require any modifications to the school's policies, practices, or procedures. The school district is not obligated to provide the student with any additional services. The student is still a person with a disability, however, and therefore remains protected by the general nondiscrimination provisions of Section 504 and Title II.
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Q12: Should school districts conduct FAPE evaluations as described in the Section 504 regulation for students who, prior to the Amendments Act, had health problems but might not have been considered persons with a disability?
A: The answer depends upon whether, because of the health problem, that student has a disability and, because of that disability, needs, or is believed to need, special education or related services. A medical diagnosis alone does not necessarily trigger a school district's obligation to conduct an evaluation to determine the need for special education or related services or the proper educational placement of a student who does have such need. As explained in Q11, a student with a disability may not need any special education or related service as a result of the disability.
Q13: Are the provision and implementation of a health plan developed prior to the Amendments Act sufficient to comply with the FAPE requirements as described in the Section 504 regulation?
A: Not necessarily. Continuing with a health plan may not be sufficient if the student needs or is believed to need special education or related services because of his or her disability. The critical question is whether the school district's actions meet the evaluation, placement, and procedural safeguard requirements of the FAPE provisions described in the Section 504 regulation. For example, before the Amendments Act, a student with a peanut allergy may not have been considered a person with a disability because of the student's use of mitigating measures (e.g.,frequent hand washing and bringing a homemade lunch) to minimize the risk of exposure. The student's school may have created and implemented what is often called an "individual health plan" or "individualized health care plan" to address such issues as hand and desk washing procedures and epipen use without necessarily providing an evaluation, placement, or due process procedures. Now, after the Amendments Act, the effect of the epipen or other mitigating measures cannot be considered when the school district assesses whether the student has a disability. Therefore, when determining whether a student with a peanut allergy has a disability, the school district must evaluate whether the peanut allergy would be substantially limiting without considering amelioration by medication or other measures. For many children with peanut allergies, the allergy is likely to substantially limit the major life activities of breathing and respiratory function, and therefore, the child would be considered to have a disability. If, because of the peanut allergy the student has a disability and needs or is believed to need special education or related services, she has a right to an evaluation, placement, and procedural safeguards. In this situation, the individual health plan described above would be insufficient if it did not incorporate these requirements as described in the Section 504 regulation.
The nature of the regular or special education and related services provided under Section 504 must be based on the student's individual needs. As noted in Q2 above, the student would also be protected from discrimination under Title II's statutory and regulatory requirements, as well as Section 504's general nondiscrimination provisions.
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Q14: Does the Amendments Act affect the situation in which a parent or guardian believes that his or her child has a disability and is not receiving special education or related services as described in the Section 504 regulation?
A: As stated in Q4 above, students who were in the past determined not to have a disability may now, in fact, be found to have a disability. If a parent or guardian of a child with an impairment believes that the child may be a student with a disability and therefore requires services that he or she is not currently receiving in school, the parent or guardian can ask the school district to evaluate or reevaluate the child pursuant to the requirements of the Section 504 regulation. The evaluation would determine whether the child has a disability, and, if so, whether the child needs special education or related services. As noted in Q9 above, school districts must evaluate a child if that child needs or is believed to need special education or related services because of a disability.
If, as described in the Section 504 regulation, a child is receiving special education or related services that the parent or guardian believes are inadequate, the parent or guardian can request changes to the educational placement. If agreement cannot be reached, the parent or guardian may invoke the procedural safeguards set forth in 34 C.F.R. § 104.3615to address the child's needs and current educational placement.
Q15: Does the Amendments Act require the Department to revise or create new Section 504 regulations to implement the Amendments Act?
A: No. The Amendments Act does not require the Department to revise its existing Section 504 regulation or to create new regulatory provisions. Although the legislative history of the Amendments Act suggests that some members of Congress believed that a new or revised Section 504 regulation may be appropriate, nothing in the Section 504 statute or current regulation contradicts the Amendments Act.16As noted in Q2 above, the Amendments Act includes a conforming amendment to ensure that the definitions of disability under Section 504 and the ADA are interpreted identically. The Department of Justice (DOJ) has stated that it will be working with federal agencies, including the Department, to revise their Section 504 regulations to expressly reflect the changes made by the Amendments Act and to provide guidance on their application. OCR continues to assess whether additional guidance or further publications are needed.
Q16: Does OCR's enforcement activity reflect the changes made by the Amendments Act?
A: Yes. OCR is enforcing Section 504 and Title II consistent with the changes to the legal standard made by the Amendments Act. Accordingly, OCR's enforcement reflects, for example, the broader interpretation of the definition of disability, the two nonexhaustive lists of major life activities, and the other Amendments Act requirements. The Amendments Act did not, however, alter OCR's case processing or the procedures that we use to investigate complaints, conduct compliance reviews, issue findings, and secure resolution agreements that remedy discriminatory policies or practices that we identify. For example, OCR will continue to follow the same procedures when addressing complaint allegations that a complainant files against the same school district with another Federal, state, or local civil rights enforcement agency or through a school district's internal grievance procedures. Additional information about OCR's case processing can be found in the OCR Case Processing Manual, available on our website athttp://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html. Title II complaints against public entities, including school districts, may also be filed with DOJ. Addition information about filing a Title II complaint with DOJ may be found atwww.ada.gov.
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Q17: Where can I find additional information or receive technical assistance concerning Section 504 and Title II in light of the Amendments Act?
A: For further information about the Amendments Act and Section 504, please see "Protecting Students With Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities," which can be found athttp://www.ed.gov/about/offices/list/ocr/504faq.html. Also, OCR offers technical assistance to recipients in complying with Section 504, Title II, and the other civil rights laws that we enforce. If you need additional information or assistance on these or other matters, please visithttp://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfmfor the contact information for the OCR enforcement office that serves your state or outlying area. Additional technical assistance and guidance can also be found on the DOJ's website atwww.ada.gov.
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1The U.S. Department of Education has determined that this document is a "significant guidance document" under the Office of Management and Budget's Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007),available at:http://www.whitehouse.gov/sites/default/files/omb/assets/regulatory_
matters_pdf/012507_good_guidance.pdf. OCR issues this and other policy guidance to provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights under the civil rights laws and implementing regulations that we enforce. OCR's legal authority is based on those laws and regulations. This letter does not add requirements to applicable law, but provides information and examples to inform recipients about how OCR evaluates whether covered entities are complying with their legal obligations. If you are interested in commenting on this guidance, please send an e-mail with your comments toOCR@ed.gov, or write to us at the following address: Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.
2As a general rule, because Title II provides no less protection than Section 504, violations of Section 504 also constitute violations of Title II.
3ADA Amendments Act of 2008, Pub. L. No. 110-325, 122 Stat. 3553 (2008).
4154 Cong. Rec. S8342, S8345 (daily ed. Sept. 11, 2008) (statement of the Managers).
5SeeAmendments Act,supranote 3, at § 7 (codified as amended at 42 U.S.C. § 12102).
6For the purposes of this document, when discussing Section 504, "related services" includes both related aids and related services.
7Congress believed that the functional limitation imposed by an impairment is irrelevant to the "regarded as" prong of the definition of disability. 154 Cong. Rec. S8342, 8346 (daily ed. Sept. 11, 2008) (statement of Managers).
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8When harassing conduct based on disability is sufficiently serious that it creates a hostile environment, thereby denying or limiting a student's ability to participate in or benefit from a school's education program, it violates a student's rights under Section 504 and Title II. A school is responsible for addressing student-on-student harassment about which it knows or reasonably should have known. Schools should have well-publicized policies prohibiting harassment and procedures for reporting and resolving complaints that will alert the school to incidents of harassment. See Assistant Secretary for Civil Rights Russlynn Ali's "Dear Colleague" letter to recipients of Federal financial assistance concerning obligations to protect students from student-on-student harassment,available athttp://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html.
9The EEOC's regulations implementing the Amendments Act, as it applies to employment, add reaching, sitting, and interacting with others as other examples of major life activities.SeeRegulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,as amended, 76 Fed. Reg. 16,978, 17,000 (Mar. 25, 2011) (to be codified at 29 C.F.R. pt. 1630) (EEOC Regulations).
10SeeEEOC Regulations, at 17,000 (adding special sense organs and skin, as well as functions of the cardiovascular, genitourinary, hemic, lymphatic, and musculoskeletal systems as examples of major bodily functions, and stating that these functions include the operation of an organ within a bodily system).
11The appendix to the Section 504 regulation clarifies that if a school district places a student with a disability in a program other than its own, the school district remains financially responsible for the student with a disability, whether or not the other program is operated by a different school district or educational agency. 34 C.F.R. pt. 104, App. A § 104.33 at 407 (2010).
12For a discussion of obligations to provide FAPE under the IDEA, please visithttp://idea.ed.gov/.
13Please see Q10 for further discussion of Section 504 procedural requirements in the FAPE context.
14See154 Cong. Rec. S8342, 8346 (daily ed. Sept. 11, 2008) (statement of the Managers to Accompany S. 3406, The Americans with Disabilities Act Amendments Act of 2008).
15Please see Q10 above for further discussion of Section 504's procedural safeguards.
16For example, OCR interprets the Section 504 regulatory language defining "is regarded as having an impairment" in a manner that is consistent with the analysis described in the Amendments Act.
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