Section 504, the Americans with Disabilities Act, and Public School Employment: A Legal Primer

This article reviews Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as they apply to school district employment. The article includes a practical step-by-step process for analyzing school district actions with regard to applicants and employees with disabilities. It cites specific examples of court and agency rulings concerning hiring, reasonable accommodation, adverse action, nonrenewal, and termination.     

Are School Personnel Liable for Money Damages Under the IDEA or Section 504 and the ADA?

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability laws not only directly but also in connection with the added avenue of liability under Section 1983, and discusses the practical implications of the almost entirely “No” answer to this focal question.     

A change in legal status: an overlooked dimension in the transition to higher education

The transition from high school to college entails a change in legal status for individuals with learning disabilities. As students leave high school and the dominion of P.L. 94-142, they enter a setting structured by Section 504 of the Rehabilitation Act of 1973. How does this change in legal status affect student rights and responsibilities? Do students with learning disabilities need specific skills to facilitate their legal transition into higher education? Is current transition programming addressing To investigate these questions, basic provisions of P.L. 94-142 and Section 504 were reviewed. Implications of the change in legal status were discussed, and existing transition programs were examined. Guidelines are proposed for incorporating legal transition skills in future transition programming.     

Disability Discrimination in Social Work Education

Abstract

An overview of the Americans With Disabilities Act (ADA) is presented. The article emphasizes that Section 504 of the Rehabilitation Act of 1973 is the federal law upon which the ADA is built. A comparison of Section 504 and the ADA is presented in the paper. An analysis is offered of the case law that has emerged under Section 504 that serves as a guide to the rights and responsibilities of social work programs and faculty under the ADA. Recommendations are made for helping social work programs comply with the ADA in the area of student admissions and retention.     

Promoting access, accommodations, and independence for college students with learning disabilities.

This article focuses on the four primary issues that directly affect service delivery to students with learning disabilities in postsecondary settings, including (a) How are high school and post-secondary settings different? (b) How are eligibility and access determined? (c) How are reasonable accommodations determined? and (d) How can the independence level of college students with learning disabilities be fostered? Each of these issues will be discussed within the context of the student's transition from high school, where Public Law 94-142 is in effect, to college, where Section 504 of the Rehabilitation Act of 1973 applies.     

A Look at Counselor Education Programs in Light of Section 504 of the Rehabilitation Act of 1973

The fundamental objective of Section 504 of the Rehabilitation Act of 1973 is to prohibit discrimination against all handicapped individuals attempting to participate in any program or activity that receives federal financial assistance. Therefore, this act has had a major impact on most institutions of higher education. Counselor education programs at these institutions are specifically affected in areas related to admission and treatment of handicapped students. A recent U.S. Supreme Court case is helpful in establishing guidelines for the application of Section 504 to these counselor education programs.     

School Failure in the United Kingdom

This paper comprises five sections. Section 1 is concerned with the aims of education and definitions of pupil success and pupil failure, including criteria for determining success/failure; and section 2 proposes a model of pupil ssuccess/pupil failure which is analysed in terms of (i) ‘within-child’ characteristics and previous learning experiences, (ii) the physical, social and educational environment, and (iii) the extent to which there is a match or mismatch between educational provision and educational needs. The different criteria for measuring success/failure (educational attainment and pupil progress; pupil behaviour; pupils’ self-concepts and expectations of success; attitudes to school; number of pupils assessed as having special educational needs) are identified in section 3, and sources of evidence are analysed. Section 4 traces the legislative basis of educational provision from the 1944 Education Act, through the Education Act of 1988, which introduced the National Curriculum, to the present, while section 5 examines current developments in education.     

Students with learning disabilities in teacher education programs

Education faculty are dedicated to preparing competent teachers. At the same time, they must provide reasonable accommodations in the teaching and evaluation of qualified students with disabilities, in compliance with the mandates of Section 504 of the Rehabilitation Act of 1973. This article describes some of the reasons that students with learning disabilities (LD) choose teaching as a profession, and the difficulties that some students with LD have in teacher preparation programs. It discusses the underlying legal and ethical issues encountered when working with students with LD in teacher education programs, as well as some ways to enhance success. The term learning disabilities is used since not all teacher candidates will have a language-based reading, spelling, and written expression disorder or dyslexia. It is assumed, however, that approximately 80 percent or more will have dyslexia.     

Determining Appropriate Accommodations for Postsecondary Students with Reading and Written Expression Disorders

One of the most significant barriers facing postsecondary students with reading and written expression disorders who are eligible to receive specific accommodations is the lack of professional knowledge pertaining to issues surrounding accommodations. Though guided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, the process by which accommodation decisions are made varies considerably across institutions of higher education. Given the recent rise in litigation surrounding the practice of how accommodations are determined as well as the increasing number of postsecondary students with reading and writing disabilities who are requesting accommodations, it is imperative that accommodation decisions be defensible and supported by empirical research. The purpose of this article is to provide an overview of current research on the effectiveness of accommodations for postsecondary students with language‐based learning disabilities, discuss important considerations in the accommodation selection process, and offer recommendations for future research.     

Can Section 19 be used Positively?

Section 19 of the Education Reform Act is often seen as a threat to pupils with special educational needs - a means of denying their rights to the National Curriculum. Can it be used instead in a positive way? Mike Randall, who is a senior manager and research officer (primary) working for the Wirral Education Authority, Merseyside, believes the general directions in Section 19 can be used constructively.     

Too Eagerly Awaited Assessment?

Stephen Hayes, educational psychologist in the London Borough of Camden, shares the previous writer's view that Section 19 of 1988 Education Reform Act may be viewed negatively. It is, he says, suspected of working against both the integration aims of the 1981 Education Act and the Warnock model of school-based assessment. However he argues that there is potential compatibility between the curricular integration thrust of the 1981 Act and the introduction of the National Curriculum for all pupils in the 1988 Act. Conflict is more likely to arise within the 1988 Act itself, with the market forces thrust of local management of schools calling into question the continuation of rigorously conducted, school-based assessment.     

Bicentennial Guide to an Interdisciplinary Curriculum

The Americans with Disabilities Act Amendments (ADAA), which went into effect on January 1, 2009, have made major changes in the interpretive standards for student eligibility under Section 504 of the Rehabilitation Act, expanding the pool of eligible students. This new expansionary stage follows an initial phase of awareness raising, which lasted through 1990, and a more constrictive phase over the past two decades. Schools need to adjust their policies and procedures to conform to this new era.     

School Vouchers

ABSTRACT

The study of school choice for special education students brings together several important pieces of legislation which are separately the focus of high interest. This paper reviews the features of the three major special education bills (the Individuals with Disabilities Education Act, section 504 of the Rehabilitation Acts, the Americans with Disabilities Act) in the context of the Establishment and Free Exercise Clauses of the U.S. Constitution and so-called Blaine Amendments in various state constitutions. The principles of special education are discussed, and current voucher programs are examined to determine their compatibility with special education. The litigation that has resulted from this growing voucher movement is discussed and current and future trends are presented from a special education perspective. doi:10.1300/ J467v01n03_06     

Impact of legislation on post‐school transition practice for young people with additional support needs in Scotland

A longitudinal study was conducted to understand post‐school transition practice for young people with additional support needs (ASN) before and after the implementation of key legislation, the Education (Additional Support for Learning) (Scotland) Act 2004, amended in 2009. Primary data were collected from one local authority in Scotland. Twelve professionals involved in post‐school transition planning were interviewed in 2004 and eight in 2010. Minutes of transition meetings from one school for three young people prior to the implementation of the Act and four after the implementation were analysed. Results show some changes since the implementation of the Act.     

Statement of Purpose for THE CONSULTANT CONNECTION

Equal program access for students with disabilities mandated by Section 504 of the Rehabilitation Act of 1973 has occasioned an increase in the number of students with specific learning disabilities (SLD) who attend postsecondary institutions (Scheiber &; Talpers, 1987). These students, however, often need curricular and/or instructional adaptations to benefit more completely from their educational programs.     

The repeal of Section 28: it ain't over 'til it's over

Section 28 (part of the Local Government Act of 1988) was a notorious piece of legislation that sought to prevent local education authorities in the UK from ‘promoting homosexuality’. The effect of Section 28 was to create uncertainty and fear among teachers as to what was (and what was not) permitted in schools. Over time practitioners and policy‐makers have become increasingly concerned about the failure to address the range of sexualities [i.e. lesbian, gay, bisexual and transgendered (LGBT)] that children bring to the classroom. While the Section was repealed in Scotland in 2000 and in England and Wales in 2003, we suggest that the negative effects of Section 28 may yet remain. We present questionnaire data from 39 secondary school teachers in Wales. The results indicate that nearly half of the sample remained unaware of the repeal of Section 28. A smaller, but still substantial, proportion agreed that Section 28 still affected their practice in schools. Importantly, this included teachers who were also aware of the repeal of the Act. We suggest that the continuing effects of Section 28 need to be understood in the wider context in which it was enacted, and the more general uncertainties and discomforts around doing LGBT issues in schools.     

The diagnosis of LD in English learners: is it nondiscriminatory?

This study examined the operationalization of one of the key reforms initiated by the Education for All Handicapped Children Act of 1975 (U.S. Congress, 1975) and continued through the 2004 reauthorization of the Individuals with Disabilities Education Act (U.S. Congress, 2004)--namely, nondiscriminatory assessment. The original and current specifications in federal law require that tests be selected and administered so as not to be racially, culturally, or sexually discriminatory. The specific dimensions studied here pertain to the nondiscriminatory diagnosis of learning disabilities (LD) in English learners. A checklist of legal and professional guidelines for making assessments of English learners was used to evaluate 19 psychological reports made on English learners as part of the assessment process for special education eligibility in a small, urban elementary school district in California. The results of this study present a fairly compelling profile of how the writers of psychological reports--school psychologists--do not use extant legal or professional guidelines for making nondiscriminatory assessments of bilingual children.     

Farewell to the tick box inspector? Ofsted and the changing regime of school inspection in England

Since its inception in 1992 Ofsted (The Office for Standards in Education, Children’s Services and Skills) has inspected schools under Section 9 of the Education (Schools) Act 1992; Section 10 of the School Inspections Act 1996; and Section 5 of the Education Act 2005. Pressure on England to improve its system of education has not only emerged from the national need for all schools to serve their pupils well, but has also been prompted by an increasing emphasis on international league tables such as that produced by the OECD (Organisation for Economic Cooperation and Development). In tables such as the Programme for International Student Assessment (PISA), England is viewed as underperforming against comparable countries. As a result, Ofsted has introduced what the agency terms to be one of the most stringent and demanding inspection frameworks since its inception. This framework reduces the previous 29 inspection judgements to just four, purportedly placing a far greater emphasis on the professional judgement of the inspector and representing a major departure from the ‘tick box’ approach which characterised previous frameworks. This paper examines the paradoxical fate of inspector professional judgement and concludes that whilst this may appear to signal a rapprochement between inspectors and teaching profession, there are considerable tensions when professional judgement is considered alongside quality control within a highly complex system. The study concludes that in order that inspection attains credibility as a method by which to govern education, this shift requires a more considered approach to ways in which this professional judgement can be effective within the challenging environment of the English education system.     

>OFSTED: inspecting schools and improvement through inspection

Approximately one‐third of all maintained secondary schools in England, and a smaller tranche of nursery, primary and special schools, were inspected under the arrangements set out in Section 9 of the 1992 Education (Schools) Act by the end of 1994. This article reviews some aspects of quality assurance in the national inspection system in England. It looks in particular at the improvement of inspection and at improvement through inspection. Continuous improvement of the inspection system reflects feedback from key stakeholders, as well as work by OFSTED to incorporate new developments. Improvement through inspection, broadly defined, has to cover both what occurs at the individual school level and in the system at large as a result of inspection. We argue that an effective inspection system can provide a powerful incentive for, as well as directly contributing to, school improvement and development     

论心理健康教育的《意见》与《纲要》在山区农村中学的贯彻与落实

教育部印发《关于加强中小学心理健康教育的若干意见》和《中小学心理健康教育指导纲要》是指导山区农村中学心理健康教育工作的纲领性文件。本文从创新教育理念 ,优化环境氛围、培训师资队伍、开发课程教材、开展理论与实践研究等方面阐述对山区农村中学贯彻落实《意见》与《纲要》精神的看法。