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OCR has the responsibilty to eliminate discrimination based on a student's disability. Section 504 enforces protection of those civil rights.
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Title II extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance.
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The standards adopted by the ADA were designed not to restrict the rights available under Section 504. Section 504 provides guidance for free and appropriate education (FAPE) and that guidance focuses primarily on Section 504.
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Trauma qualifies as a physical or mental impairment which substantially limits one or more major life activities,
has a record of such an impairment, or
is regarded as having such an impairment. -
Rules should shift inquiries away from the question of whether a student has a disability, and toward the school district's obligations to ensure equal educational opportunities.
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The U.S. Department of Justice issued new regulations significantly expanding who’s covered under the Americans with Disabilities Act. This final rule clarifies Congress’s original mandate and sets forth clear new rules, new examples and detailed guidance to ensure that courts, covered entities and people with disabilities better understand the ADA.
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Revised regulations must provide explicit language that both regular and special education services and related services as well as accommodations and nonacademic and extracurricular activities available to students with disabilities are available under Section 504 and at no cost to families except to the extent that there are fees that are imposed on all students and families including those without disabilities.
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