2. “It is better for all the world, if instead of waiting to execute
degenerate offspring for crime or to let them starve for their
imbecility, society can prevent those who are manifestly unfit from
continuing their kind . . . three generations of imbeciles are
enough." Oliver Wendell Holmes
3. ―No person who was
diseased, maimed, mutilated, or in any way
deformed so as to be unsightly or disgust
object or improper person to be allowed in or
in the public places in in this city shall therein
or thereon expose himself to public
view, under a penalty of not less than one
dollar nor more than an fifty dollars for each
offense.‖ (Chicago Law Repealed in 1974/Tennessee v. Lane, 2003
Brief for the United States, p. 19)
4. In this case, a student had a disability that caused
him to drool, have involuntary facial
contortions, and have speech problems. Although
his disabilities were strictly physical, and his
intellectual ability was not affected he was
expelled from school because ― this condition
nauseated the teachers and other students. This
case went before the Wisconsin supreme court;
court ruled that school officials could indeed
exclude students with disabilities. and the court .
5. Susan Downie testified that she was denied a job at a large state
mental retardation facility because of her mobility impairment.(5)
Denise Karuth testified that the New York State Commission for the
Blind would not sponsor her for a masters degree in rehabilitation
counseling because "the State would not hire blind rehabilitation
counselors."(6)
A professor of veterinary medicine at a state university was fired
because he had AIDS.(7)
In School Board v. Arline, 480 U.S. 273 (1987), the trial court held
that a school district's termination of a teacher with tuberculosis was
unreasonable. Similarly, in Chalk v. United States District
Court, 832 F.2d 1158 (9th Cir. 1987), a teacher was demoted after
being diagnosed with AIDS.
6. Education is a "principal instrument in
awakening the child to cultural values, in
preparing him for later . . . training, and in
helping him to adjust normally to his
environment." Brown v. Board of Educ., 347
U.S. 483, 493 (1954).
Nearly a decade after Brown v. Board of Educ.
Section 504 of the Rehabilitation Act 0f 1973
was enacted.
7. Strong desire of disabled individuals to fully
participate in society giving rise to
8. Pennsylvania Association for Retarded Mills v. Board of Education
Children ( PARC) vs. Commonwealth of
Pennsylvania Suit was brought forth by the parents and
guardians of children who represented a wide
Argued that students with mental range of disabilities in Washington DC. Plaintiffs
retardation in Pennsylvania were argued that their children were excluded form school
Not receiving a publicly supported without due process of law (14th Adm.)
education.
Court ruled that all children with disabilities in the
District f Columbia must be provided a publicly
Court ruled that children in Pennsylvania supported education. Case also responsible for
between the ages of 6 and 21, who had gaining the right to due process safeguard for
mental retardation, must be provided a free children with disabilities.
public education.
Safe Guards include:
It was also determined Right to a hearing
The right to appeal
that these children could benefit from being The right to have access to records
enrolled in a program that was most similar Written notice requirements
to the programs developed for their peers
without disabilities
9. Education for All Handicapped Children Act
of 1974 later changed to IDEA (Individuals with
Disability Education Act)
Rehabilitation Act of 1973
Section: 504 was passed as a civil rights law
American Disability Act 1990
10. Created to make sure children with disabilities received a free
and appropriate education designed to meet their unique needs
Under IDEA students were to be placed in the least restrictive
environment, which evolved into a "mainstreaming"
philosophy.
The reform movement from "mainstreaming" to "inclusion"
that began in the 1980s refocused attention on how students
with disabilities were faring in the regular classroom.
Individual Educational Program (IEP) be provided for each
disabled student residing in a school district’s jurisdiction
11. Civil Rights Law that states:
― No person can be discriminated against or
excluded, or denied benefits from any
institution, program or activity receiving
federal funds.‖
12. The purpose of Section 504 is to protect
individuals with disabilities from
discrimination for reasons related to their
disabilities. ADA broadened the agencies
and businesses that must comply with the non-
discrimination and accessibility provisions of
the law.
13. Any person who has a physical or mental
impairment that significantly limits one or
more of his or her life activities
Any person who has a record of such an
impairment
Any person who is regarded as having such an
impairment
14. Arline v. School Board of Nassau County (1987)
Under 504 of Rehabilitation Act- an elementary school
teacher was discharged due to continued recurrence
of tuberculosis. The teacher brought suit under 504,
but US district Court dismissed her claims. On appeal,
the 11th Circuit court of appeals reversed the decision
and held that persons with contagious diseases fall
within 504 coverage. School Board appealed to the US
Supreme Court. Supreme Court found that teacher
was a person with a disability because tuberculosis
affected the respiratory system and ability to work. Case was
remanded to the district court to determine if the teacher
was ―otherwise qualified‖ if reasonable accommodation apply.
Court relied on reasonable medical judgments, teacher reinstated
15. Subpart A—General Provisions
Subpart B—Employment Practices
Subpart C—Physical Accessibility
Subpart D— Preschool, Elementary, and
Secondary Education
Subpart E— Postsecondary Education
Subpart F—Health, Welfare, and Social
Services
Subpart G—Procedures
16. The student has a physical or mental
impairment that substantially limits one or
more of a person’s major life activities.
• Walking • Seeing • Working
• Breathing • Hearing • Caring for one-self
• Learning • Speaking
The impairment must impact the
student’s education.
17. • Policy on Nondiscrimination
School Board of Education • Grievance Procedure
• Hearing Procedure
• 504 Coordinator Designation
Superintendent • Annual Notice to Parents/Students
• Continuing Notice to Parents/Students
• 504 Procedures Coordination
504 Coordinator • Staff Training
• Section 504 Grievance Procedures Management
• Nondiscriminatory Practices in Classrooms
School Principals and
• Referral/Identification/Evaluation
Certified and • Parent Involvement and Encouragement
Classified Staff • Program Modifications and Accommodations
• Curricular Adaptations
18. Extension of the Rehabilitation act of 1973
Signed into law by President George Bush
Comprehensive legislation
Protecting the rights of individuals with disabilities
ADA affects the legal obligations of most public and
private entities. School are included.
19. State employees have discriminated against person with disabilities
States have historically denied persons with disabilities the right to
live in the community
States interfered with the right of person with disabilities to form
families/ Buck v. Bell 274 US 200,2005-07 (1972)
States interfered with the right of persons with disabilities to vote
States have denied persons with disabilities access to court
States have denied persons with disabilities the right to travel
States have discriminated against children
20. The purpose of the ADA is to provide
―a clear and comprehensive national
mandate for the elimination of
discrimination against individuals
with disabilities.‖
21. The basic mandate of the ADA is that: ―no
qualified individual with a disability shall be
excluded from participation in, or denied
access to, programs or activities; denied
benefits or services; or be subjected to
discrimination by any public entity.‖
22. Every school in the Nation receiving
federal financial assistance directly
or indirectly must adhere to the
Rehabilitation Act
23. The ADA defines an individual as disabled if the
person:
1. has a physical or mental impairment that substantially
limits one or more major life activities;
(such as walking, hearing, seeing, speaking and breathing)
2. has a record of such impairment;
(such as recovered cancer patients or those who are
disfigured to such an extent that they having a substantially
limiting impairment)
3. is regarded as having such impairment. 42 USC 121l2 (2)
24. Bragdon v. Abbott, 118 S. Ct. 2196 (1998)
Plaintiff demonstrated that her HIV status, asymptomatic had
substantially limited her in caring out major life function of
reproduction. Supreme Court decided that reproduction is a
major life activity, and that the plaintiff in the case was
protected as substantially limited in that major life activity.
Note: Court did not decide that all individuals HIV positive, but
asymptomatic, are covered nor did it address whether
individuals who are HIV positive are protected under the
―regarded as‖ prong of the definition.
25. 504 ADA
Definition- “handicap” Definition “disability”
Limited to recipients of Covers all public entities
federal grants ( funding) Specifically abrogates the
Do not all states to be sued 11th Amendment Immunity
Does not limit use of pre- of states
employment medical Limits pre-employment
screening or questions medical screening or
Does prohibit questions
discrimination on the basis Prohibits discrimination on
of association with a the basis of association
disabled person with a disabled person
26. Title I: Employment- prohibits discrimination in
employment against individuals with disabilities
An employee may claim discrimination on basis of disability if
he or she can prove: 1) that he or she is disabled
2) is otherwise qualified for the position
3) if an accommodation is required, it is
reasonable
4) that she suffered from an adverse
employment decision based on the
disability ( Bennett-Alexander &
Hartman, 2001)
27. Title II: Public Services- prohibits
discrimination in services, programs and
activities provided by state and local
governments and any of their instrumentalities
regardless of whether the public entity
receives federal financial assistance . All
public school are covered by Title II. Applies
to public transportation but not school
transportation 42 USC 121411
28. Title III- Public Accommodations- prohibits
discrimination against individuals with
disabilities in the full and equal enjoyment of
goods
, services, facilities, privileges, advantages, or
accommodations by an persons who owns, leases
( leases to operate) a place of public
accommodations.
ADA prohibits elementary and secondary schools
from discrimination against individuals with
disabilities to participate in school functions
29. Modifications made by classroom teacher(s)
and other school staff to enable the students to
benefit from their education program. A plan
should be developed outlining services
and/or accommodations.
30. Washington Post October, 1999 ―Judge Tells
School to Fix Bathrooms, 9-year old
Wheelchair User Had to Drag Himself to
Toilet”
–story of a boy at DC elementary school who,
because of structural inaccessibility, was forced
to crawl to the bathroom for almost two years.
(Strauss, V. & Wilgoren, D., 1999)
31. Title IV-Telecommunications- applies
specifically to telecommunications provided
by common carriers, including
wire, radio, television and telephone.
Included installation and use of TDD devices
for wire, radio, telephone and closed-
captioning services for television.
32. Title V- miscellaneous provisions
Amends the Rehabilitation Act to exclude from
the definition of ―handicapped individual‖
someone who is a current user of illegal drugs.
Recovering addict would be entitled to protection
under ether Rehabilitation Act or ADA
Homosexuality, transvestitism &othersexcluded
33. Students with HIV Positive Negative treatment of
who do not have other students who test positive for
disabilities which require drugs may violate 504 &
special education service, are ADA which prohibits
not usually covered by the discrimination against
IDEA unless they become too otherwise qualified
ill to attend school and individuals with disabilities &
require homebound require reasonable
Instruction. They would be accommodation
covered under 504 & ADA as ( L. Rothstein, J. Rothstine,
they may be regarded as 2006).
having an impairment .
35. Tommie, a three year-old child born with a
prominent facial disfigurement, has been
refused admittance to a Early childhood center
at CCCISD daycare program on the grounds
that his presence in the program might upset
the other children. Bobbie is a student with a
physical impairment that substantially limits
his major life activities only as the result of
the attitudes of others toward his impairment.
36. Every person eligible for Section 504 will not
necessarily be eligible for special education.
Every person eligible for special education is
also protected under Section 504.
38. It is important to document evaluation
results, eligibility determination, services, and
placement issues regarding each student.
DOCUMENT-DOCUMENT-DOCUMENT!
39. Referrals are accepted from
parents, professional staff, students, and/or
other
staff members. The problem(s) and previous
remedies are considered and reviewed.
40. The school must evaluate all students with
disabilities before making an initial placement
or any significant change in placement.
41. The school notifies the parents or guardians, in
writing, of the schools’ reason and intent to
conduct an evaluation. The notice should
include a description of the evaluation and
procedural safeguards. Parental consent would
be considered best practice for all Section
504/ADA evaluations.
42. A best practice is to use the Student Assistance Team as the
Section 504/ADA Committee. Typical members would
include the following:
• Parents • Counselor
• Student (when appropriate) • Principal
• Teacher(s) • Other (as needed)
The committee will study and analyze the evaluation data to
determine if the student has a mental or physical disability that
substantially limits a major life activity and influences the
student’s educational program.
43. If the student is eligible under Section
504/ADA, the team determines
accommodations and/or services that will
enable the student to benefit from his/her
education. This can be documented on an
individual Section 504 plan.
44. The following factors are considered by a team knowledgeable
about the student and the disability:
Evaluation results
Section 504/ADA eligibility
The student’s unmet needs
Services and/or accommodations based on
eligibility
Possible staff professional development
Least Restrictive Environment (LRE)
45. The school staff makes the necessary
accommodations to allow for the student’s
disability. Parents should be consulted and
given opportunities for input. The
accommodations and/or services are
then implemented.
47. Section 504/ADA
Requires FAPE be provided to only those
protected students who, because of a
disability, need general education
accommodations, or special education and
related services.
Defines FAPE as general or special education
and related aids and services, to meet the
needs of the individual student.
48. Section 504/ADA—General education
accommodations and/or special education
and/or related services.
Special Education—Must be eligible and need
special education; then related services can be
added if they are necessary for the student to
benefit from special education.
49. 1. Provide a structured learning environment.
2. Repeat/simplify instructions regarding class assignments and
homework.
3. Supplement verbal instructions with visual ones.
4. Use behavior management techniques.
5. Adjust class schedules.
6. Modify test delivery.
7. Use tape recorders, CAI, and other audiovisual equipment.
8. Select modified textbooks or workbooks.
9. Tailor homework assignments.
10. Tutor one-on-one.
50. 11. Use classroom aides and note takers.
12. Modify nonacademic times (lunchroom, recess) and physical
education.
13. Change student seating.
14. Change instructional pace.
15. Change instructional methods.
16. Change instructional materials.
17. Provide peer tutoring.
18. Implement behavioral/academic contracts.
19. Use positive reinforcements (rewards).
20. Use negative consequences (punishments).
21. Use supplementary materials.
51. Physical Barriers Fundamental Alteration
Policies & Practices Decisions
Communication Accessibility to public
Policies Meetings
Emergency Evacuation Employment Practices
Procedures Building &
Written Audio-Visual Construction Policies
Materials Provide ADA Training
Historic Preservation to Employees
Program/Accessibility Ensure Former Drug
Abusers Rights
52. If an individual believes he or she has been
discriminated against by your school district:
1) Follow the internal grievance procedure at
the district level
2) If the internal grievance procedure is
unresponsive you can file a complaint with
EEOC for title Employment Discrimination
Department of Justice for Civil Rights
Discrimination.
53. Blanck, P., Hill, E., Siegal, C., Waterstone, M., (2004). Disability civil rights
law and policy. West, St. Paul, MN.
Kemerer, F., Walsh, J. , ( 2000) The educator’s guide to Texas school law
5thed., University of Texas Press, Austin ,TX.
Rothstein, L., Rothstien, J., (2006). Disabilities and the law 2nd ed. West Group,
Danvers, MA
Americans With Disabilities Act 42 USC 12101 et seq. (1990)
Individuals With Disabilities in Education Act 20 USCA 1400-146129 (1973)
Rehabilitation Act 504 (1973)
Strauss, V. , Wilgoren , E. (1999) October 20). Judge tells school to fix bathrooms, 9-year old
wheelchair user had to drag himself to toilet. The Washington Post.
54. Arline v. School Board of Nassau County (1987) US Court of Appeals Eleventh Circuit
F. (1989)
Beattie v. Board of Education 172 N. W. 153 (1919)
Bragdon v. Abbott 163 3d 87 ( 1st Cir. 1998)
Brown v. Board of Education Topeka 347 US 458 (1954)
Buck v. Bell 274 US 200 (1927)
Chalk v. United States District Court 832 F. 2d 1158 (9th Cir. 1987)
Mills v Board of Education of District of Columbia 348 F. Supp 866 (1972)
Pennsylvania Association of Retarded Children v. Commonwealth Of
Pennsylvania., 343 F. supp 279 (1972)
School Board v. Arline 480 U. S. 273 (1987)
55. The Americans with Disabilities Act has
mandated that public schools become public.
The Ivory Tower of Academia has been
toppled and replaced with open and
accessible institutions of learning
opportunities for all children and adults
including the disabled individual.
Editor's Notes
This concept proposed that children with disabilities be educated in segregated placements until they could "swim" in the mainstream of public education. Few children, once placed, exited completely from special education programs into the mainstream. If they did, they usually failed because of inadequate preparation for regular education demands. The major stumbling blocks were twofold: students segregated under special education services generated extra federal dollars for school districts, and general educators were neither trained nor expect-ed to modify their teaching practices to accommodate these students.
