College of the Redwoods and DSPS
What College of the Redwoods DSPS Can Do For You | Steps to DSP&S Services | CR Campus Services | Success Skills | Educational Options

Disability Groups and Means of Verification

Law, Rights and Responsibilities
Post-Secondary Education Obligations | Laws that Protect the Rights of Adults with Disabilities | A Comparison of IDEA and Section 504 | Section 504 and ADA: Preventing Disability Related Discrimination | Differences Between Secondary Education and Higher Education

Reference Information
Community Contact List | Glossary

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POST-SECONDARY EDUCATION OBLIGATIONS

To qualify for support services, including accommodations, a student must have a verified disability and be unable to benefit fully, because of the disability, from the regular programs and services offered by the college.  In other words, a student must need special services to overcome disability-related problems but be otherwise qualified to meet college requirements.

STUDENT OBLIGATIONS

In order to enjoy the protections of Section 504 and the ADA, a student must self-identify and present disability verification from an appropriate, qualified professional to the Disabled Students Programs & Services (DSPS) office.

Participation in the Disabled Students Program is voluntary.  However, to receive academic accommodations, a student must provide to the DSPS office required documentation describing the nature of the disability, the functional limitations resulting from the disability, and information specific to the accommodations and/or auxiliary aids needed to promote full participation in the educational program.

All students must comply with the student code of conduct adopted by the college and all other applicable statutes and regulations related to student conduct.

All students must make measurable progress toward goals established in regular course work.  Measurable also must be made in classes offered through the Disabled Students Program which are designed to meet students’ individual needs.

INSTITUTIONAL OBLIGATIONS

The institution must provide a student who has a verified disability reasonable accommodations and/or auxiliary aids to afford the student equal opportunity and access to participate in the institution’s programs, activities, and services.  An institution may not discriminate against an individual solely on the basis of disability.  DSPS is the vehicle by which the institution provides accommodations to students although official participation is voluntary.

An institution is not required by law to provide aides, services, or devices for personal use of study, nor is it required to design special academic programs for students with disabilities.

Neither ADA nor Section 504 requires an institution to alter admissions or graduation requirements.  Accommodations are determined individually based on the educational limitations provided in the disability verification documentation.

TITLE VI

CIVIL RIGHTS ACT OF 1964:

Prohibits discrimination based on race, color, or national origin in all employment situations involving programs or activities aided by federal financing.

TITLE VII

CIVIL RIGHTS ACT OF 1964:

Prohibits job discrimination based on race, color, religion, sex or national origin in all employment practices:  hiring, firing, promotions, compensation, and in all other terms, conditions and benefits of employment, including vacations, pensions, and seniority.

SECTION 504

REHABILITATION ACT OF 1973:

“No otherwise qualified handicapped individual in the United States shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…”.

AMERICANS WITH DISABILITIES ACT OF 1990:

Extends universal civil rights protections to individuals with disabilities, covering public and private sector employment, public accommodations, transportation, and telephone communications.

·        Parents who want information regarding their student will need to have their sons/daughters sign a release of information form.

·        No information can be released to anyone without signature of the student who is 18 years old and older.

Purpose:

To provide federal financial assistance to state and local education agencies to assist them to educate children with disabilities.

Who is Protected:

All school-aged children who fall within one or more of 13 specific categories of disability and who, because of the disability, need special education and related services (i.e. mentally retarded, hard of hearing, speech or language impaired, deaf, deaf-blind, multiple disabled, specific learning disabled, autistic, or traumatic brain injured.)

SECTION 504

To eliminate discrimination on the basis of disability in all programs and activities receiving federal assistance.

All school-aged children who have a physical or mental impairment which substantially limits a major life activity, have a record of such an impairment, or are regarded as having such an impairment.  Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself and performing manual tasks.

Provide a Free and Appropriate Public Education (FAPE):

Requires FAPE be provided to only those protected students who, because of a disability, need special education or related services.  Defines FAPE as special education and related services.  A student can receive related services under the IDEA if, and only if, the student is provided special education.  Requires a written IEP document with specific participants at the IEP meeting.

Requires that FAPE be provided to only those protected students who, because of a disability, need regular education accommodations, special education or related services.  Defines FAPE as regular or special education and related aids and services.  A student can receive related services under Section 504 even if the student is in regular education full time and is not provided any special education.  Does not require a written IEP document, but does require a plan.  It is recommended the district document that a group of persons knowledgeable about the student convene and specify the agreed upon plan of services.

Special Education vs. Regular Education:

A student is protected by IDEA if, and only if, because of a disability, the student needs special education.

Funding:

Provides additional funding for protected students.

A student is protected by Section 504 regardless of whether the student needs special education.

Does not provide additional funds.  IDEA funds may not be used to serve students protected only under Section 504.

Procedural Safeguards:

Both laws require prior notice to parents or guardians with respect to the identification, evaluation and/or placement of protected students.  IDEA procedures will suffice for Section 504 implementation.

Requires written notice and specific content to be included in the notice.  Requires written notice prior to any change in placement.

Does not require written notice.  Requires notice prior to any “significant change” in placement.

Evaluation:

Both laws require that tests and other evaluation materials be validated for the specific purpose for which they are used; be administered by trained personnel in conformance with the instructions provided by their producer; include those tailored to assess specific areas of educational needs; and be selected and administered to assure that the test results whatever factors the tests purport to measure.

Requires informed consent before an initial evaluation is conducted.  Requires re-evaluation at least every 3 years.  A re-evaluation is not required before a change in placement.   However, a review of current evaluation data, including progress monitoring, is strongly recommended.  Provides for independent educational evaluation at district expense if parent disagrees with evaluation obtained by school and hearing officer concurs.

Same as IDEA.  Requires periodic re-evaluations.  IDEA schedule for re-evaluation suffices.  Requires re-evaluation before a significant change in placement.  No provision for independent evaluations at district expense.

Placement Procedures:

When interpreting evaluation data and making placement decisions, both laws require districts to draw upon information from a variety of sources; assure that all information is documented and considered; ensure that the eligibility decision is made by a group of persons including those who are knowledgeable about the child, the meaning for the evaluation data and placement options; and ensure that the student is educated with his /her non-disabled peers to the maximum extent possible.

An IEP meeting is required before any change in placement.

A re-evaluation meeting is required before any “significant change” in placement.

Grievance Procedure:

Does not require a grievance procedure, nor a compliance officer.

Requires districts with more than 15 employees to designate an employee to be responsible for assuring district compliance with Section 504, and provide a grievance procedure for parents, students and employees.

Due Process:

Both statutes require districts to provide impartial hearings for parents or guardians who disagree with the identification, evaluation or placement of a student.

Contains detailed hearing rights and requirements.

Requires notice, the right to inspect records, to participate in a hearing and be represented by counsel, and a review procedure.

Enforcement:

Enforced by the U.S. Office of Special Education Programs.  Compliance is monitored by the California Department of Education (CDE).  CDE resolves complaints.

Enforced by the U.S. Office of Civil Rights.

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Taken from the Meeting the Needs of All Students, developed by the Washington State Department of Education, September 1993.

SECTION 504 AND ADA:  PREVENTING DISABILITY RELATED DISCRIMINATION

Students with disabilities have their civil rights protected by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.  The major difference between the two laws is that 504 applies only to entities that receive federal financial assistance, while ADA expands and clarifies the protections to include private entities.

DEFINITION OF AN INDIVIDUAL WITH A DISABILITY

Under these laws, a person with a disability is described as having a (1) physical or mental impairment that substantially limits one or more of a person’s major life activities, (2) having a record of such an impairment, or (3) being regarded as having such an impairment.

·       Physical impairment is defined as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems:  neurological, musculoskeletal, sensory organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

·       Mental impairment is defined as any mental or psychological disorder, such as mental retardation, organic brain syndrome, mental illness, or specific learning disability.

·       Substantially limits is defined as being unable to perform or being significantly limited in ability to perform a major life activity when compared to the average person in the general population.

·       Major life activities are defined as functions such as caring for one’s self, seeing, hearing, speaking, breathing, learning, working, and participating in community activities.

·       Examples of disabling conditions include previous disabilities identified in K-12 special education programs (e.g., learning disabilities, mental retardation, serious emotional disturbance), AIDS, cancer, alcohol or drug addiction (so long as the student is not a current user), environmental illness, attention deficit disorder, diabetes, asthma, physical disabilities, psychological disorders, etc.  The condition must substantially limit a major life activity.

Differences Bewtween Secondary Education and Higher Education