Through an award from the U.S. Department of Education Office of Special Education Programs (OSEP), Bookshare offers free memberships to U.S. schools and qualifying U.S. students.
Bookshare® is an online library of digital books for people with print disabilities. It operates under an exception to U.S. copyright law which allows copyrighted digital books to be made available to people with qualifying disabilities. In addition, many publishers and authors have volunteered to provide Bookshare with access to their works. By requiring individuals to register as Members and provide a Proof of Disability, Bookshare ensures that only qualified individuals use the service.
Bookshare serves:
1. People with Visual Impairments: Members with visual impairments can listen to books with using a text-to-speech synthesized voice, read books in Braille, or access the material in large print. Members with low vision can read books in an enlarged font using either a screen magnifier or by opening the book in a software program that supports increased font size, color, contrast, etc.
2. People with Physical Disabilities: Members can read books on a computer or a variety of portable devices, either visually and with text-to-speech as desired. Bookshare books are as easy or easier to access than books on tape, and the Bookshare program is switch accessible.
3. People with Learning Disabilities: Members with severe dyslexia typically benefit from access to the full text of books in digital format, for multi-modal reading with both visual and audio (through synthetic text to speech). Many great software programs exist that provide a range of reading support specifically designed for individuals with learning disabilities, including highlighting of text as it is read aloud, changing margin, word, paragraph and line spacing, and setting custom background and print colors.
Bookshare books are available in the following accessible digital formats from the Bookshare website:
DAISY (Digital Accessible Information System)-a talking-book file format
DAISY books from Bookshare are DAISY 3 text files that work with screen readers, self-voicing synthetic-voice DAISY players, portable self-voicing DAISY players, and scan-and-read software such as Kurzweil K1000 and K3000, WYNN, and OpenBook.
BRF (Braille Refreshable Format)-digital Braille for use with Braille embossers and refreshable Braille devices.
Bookshare Members download books, textbooks and newspapers in a compressed, encrypted file. They then read the material using assistive technology, typically software that reads the book aloud (text-to-speech), Daisy audio file readers and or devices that display the text of the book on a computer screen, or Braille access devices, such as refreshable Braille displays.
Tuesday, February 28, 2012
Friday, February 24, 2012
Special Education, Section 504 and the Americans with Disabilities Act
Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act of 1990 (ADA)(1) are broad civil rights statutes designed to promote equal access to and participation in programs and services. A school district that fails to provide comparable benefits and services in regard to its classes, services and other school programs violates Section 504 and ADA regulations.(2) These regulations require that students with disabilities receive benefits and services comparable to those given their nondisabled peers, and make it illegal for schools to discriminate on the basis of disability by:
∙ denying a student the opportunity to participate in or benefit from a benefit or service,
∙ providing an opportunity to participate or benefit that is unequal to that provided others,
∙ providing a benefit or service that is not as effective as that provided to others, or
∙ providing lower quality benefits, services or programs than those provided others.(3)
For benefits or services provided to be “equally effective,” they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, and reach the same level of achievement as other students.(4)
Section 504 regulations require public schools to provide a free appropriate public education (FAPE) to children with disabilities in accordance with its requirements. A FAPE under Section 504 means that the education and services provided to students with disabilities must meet those students’ needs as adequately as the needs of nondisabled students are met.(5) It is illegal under the Section 504 and ADA regulations for school districts to use policies, practices and procedures that, intentionally or not, result in discrimination. This ban includes those policies, practices, and procedures that have the effect of discriminating against students with disabilities, or have the effect of defeating or impairing the student's accomplishment of the objectives of the education program.(6)
In meeting their responsibilities to students with disabilities under Section 504 and Title II of the ADA, school districts must make all modifications and accommodations, and provide supplementary aids and services needed to ensure that students with disabilities can participate to the maximum extent possible in the school’s courses and programs.(7) If access is not provided, the student is deemed to be denied comparable benefits and services, in violation of Section 504 and the ADA.
(1) Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 29 U.S.C. 794 and Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA), 42 U.S.C. 12131, protect persons with disabilities from discrimination on the basis of disability. The U.S Department of Education’s Office for Civil Rights (OCR) enforces Section 504 and Title II of the ADA, Under Section 504 and its implementing regulations at 34 CFR Part 104, children with disabilities in public elementary and secondary education programs operated by recipients of Federal financial assistance are entitled to a FAPE in accordance with the Section 504 regulations at 34 CFR 104.33-104.36. With respect to elementary and secondary education programs, OCR generally interprets Title II of the ADA and its prohibition against discrimination on the basis of disability in a manner consistent with Section 504 and its regulations.
(2) In addition, the IDEA requires states to develop “performance goals and indicators” for children with disabilities that are consistent, to the maximum extent appropriate, with the standards set by the state for all students. 20 U.S.C. §1412(a)(16).
(3) 34 C.F.R. §104.4(b)(1) (§ 504 regulation); 28 U.S.C. §35.130(b)(1) (ADA regulation).
(4) 34 C.F.R. §104.4(b)(2); 28 C.F.R. §35.130(b)(iii).
(5) 34 C.F.R. §104.33.
(6) 34 C.F.R. §104.4(b)(4); 28 C.F.R. §35.130(b)(3).
(7) See 42 U.S.C. 12131(2); 34 C.F.R. 104.4(b); 28 C.F.R. 35.130(b)(7); Alexander v. Choate, 469 U.S. 287, 300-01 (1985); Thomas v. Davidson Academy, 846 F. Supp. 611 (M.D. Tenn. 1994).
∙ denying a student the opportunity to participate in or benefit from a benefit or service,
∙ providing an opportunity to participate or benefit that is unequal to that provided others,
∙ providing a benefit or service that is not as effective as that provided to others, or
∙ providing lower quality benefits, services or programs than those provided others.(3)
For benefits or services provided to be “equally effective,” they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, and reach the same level of achievement as other students.(4)
Section 504 regulations require public schools to provide a free appropriate public education (FAPE) to children with disabilities in accordance with its requirements. A FAPE under Section 504 means that the education and services provided to students with disabilities must meet those students’ needs as adequately as the needs of nondisabled students are met.(5) It is illegal under the Section 504 and ADA regulations for school districts to use policies, practices and procedures that, intentionally or not, result in discrimination. This ban includes those policies, practices, and procedures that have the effect of discriminating against students with disabilities, or have the effect of defeating or impairing the student's accomplishment of the objectives of the education program.(6)
In meeting their responsibilities to students with disabilities under Section 504 and Title II of the ADA, school districts must make all modifications and accommodations, and provide supplementary aids and services needed to ensure that students with disabilities can participate to the maximum extent possible in the school’s courses and programs.(7) If access is not provided, the student is deemed to be denied comparable benefits and services, in violation of Section 504 and the ADA.
(1) Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 29 U.S.C. 794 and Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA), 42 U.S.C. 12131, protect persons with disabilities from discrimination on the basis of disability. The U.S Department of Education’s Office for Civil Rights (OCR) enforces Section 504 and Title II of the ADA, Under Section 504 and its implementing regulations at 34 CFR Part 104, children with disabilities in public elementary and secondary education programs operated by recipients of Federal financial assistance are entitled to a FAPE in accordance with the Section 504 regulations at 34 CFR 104.33-104.36. With respect to elementary and secondary education programs, OCR generally interprets Title II of the ADA and its prohibition against discrimination on the basis of disability in a manner consistent with Section 504 and its regulations.
(2) In addition, the IDEA requires states to develop “performance goals and indicators” for children with disabilities that are consistent, to the maximum extent appropriate, with the standards set by the state for all students. 20 U.S.C. §1412(a)(16).
(3) 34 C.F.R. §104.4(b)(1) (§ 504 regulation); 28 U.S.C. §35.130(b)(1) (ADA regulation).
(4) 34 C.F.R. §104.4(b)(2); 28 C.F.R. §35.130(b)(iii).
(5) 34 C.F.R. §104.33.
(6) 34 C.F.R. §104.4(b)(4); 28 C.F.R. §35.130(b)(3).
(7) See 42 U.S.C. 12131(2); 34 C.F.R. 104.4(b); 28 C.F.R. 35.130(b)(7); Alexander v. Choate, 469 U.S. 287, 300-01 (1985); Thomas v. Davidson Academy, 846 F. Supp. 611 (M.D. Tenn. 1994).
Monday, February 20, 2012
Special Education Rules of Engagement
Yesterday, on the excellent Wrightslaw website (http://www.wrightslaw.com/blog/) Pat Howey, a paralegal advocate with Wrightslaw wrote that she had recently seen a t-shirt with the following rules of engagement. I agree with her that if you are the parent of a child with a disability, these rules will be helpful in your journey:
1. If the enemy is within range, so are you.
Everything you do has a lasting effect. Do not allow your actions to backfire on your child.
2. The cavalry doesn’t always come to the rescue.
In a pinch you may not be able to find or afford a good parent attorney. Use persuasion instead of threats of a due process hearing.
3. Bring the biggest gun you can handle, lots of ammo, and plenty of reinforcements.
Be prepared for IEP meetings. Give the school members of your child’s team all relevant information before IEP meetings. Bring extra copies of evaluations. Do your homework. Learn all you can about research-based instruction. Take a friend to the meeting. Bring refreshments.
4. Incoming fire always has the right of way.
The school is responsible for scheduling and holding IEP meetings. Thus, school staff has the right of way. Your greatest weapon is paper and a pen. Document everything, even if it seems unimportant at the time. Who fires the first shot is less important than who has the most strategic position after all the shots are fired.
5. Never forget that your weapon was made by the lowest bidder.
Be careful about using the law as a weapon. The IDEA is an important tool but your information about the law may be outdated. Quoting the law causes positions to become polarized. When positions are polarized, a peaceful solution is less likely.
6. Never draw fire; it irritates everyone around you.
It’s difficult to fire at a person who is kind and considerate. Focus on influencing people so they understand your position. Be polite. Treat others with respect — as you would like to be treated. When others are rude, take the high road. When you walk a straighter path, you’ll earn the respect of others.
7. If at first you don’t succeed, bomb disposal is not for you.
Know your strengths and your weaknesses. Not everyone can defuse difficult situations. If you have not learned this skill, you need to work with an experienced parent advocate who specializes in dispute resolution.
8. Any ship can be a minesweeper . . . once.
It’s easy to burn bridges. A good parent advocate also protects the child’s relationships with school personnel. Your child is likely to be in school for a long time.
9. If you see a bomb technician running, make sure to keep up with him.
Will the head special education bomb technician — the special education director or school attorney –be at your child’s IEP meeting? Pay attention. Either you should be worried or you have other members of the IEP team worried. Either way, you need to be prepared.
10. If at first you don’t succeed, call in an airstrike.
When your efforts to negotiate fail, don’t threaten to request a due process hearing. Contact a good parent attorney for advice.
1. If the enemy is within range, so are you.
Everything you do has a lasting effect. Do not allow your actions to backfire on your child.
2. The cavalry doesn’t always come to the rescue.
In a pinch you may not be able to find or afford a good parent attorney. Use persuasion instead of threats of a due process hearing.
3. Bring the biggest gun you can handle, lots of ammo, and plenty of reinforcements.
Be prepared for IEP meetings. Give the school members of your child’s team all relevant information before IEP meetings. Bring extra copies of evaluations. Do your homework. Learn all you can about research-based instruction. Take a friend to the meeting. Bring refreshments.
4. Incoming fire always has the right of way.
The school is responsible for scheduling and holding IEP meetings. Thus, school staff has the right of way. Your greatest weapon is paper and a pen. Document everything, even if it seems unimportant at the time. Who fires the first shot is less important than who has the most strategic position after all the shots are fired.
5. Never forget that your weapon was made by the lowest bidder.
Be careful about using the law as a weapon. The IDEA is an important tool but your information about the law may be outdated. Quoting the law causes positions to become polarized. When positions are polarized, a peaceful solution is less likely.
6. Never draw fire; it irritates everyone around you.
It’s difficult to fire at a person who is kind and considerate. Focus on influencing people so they understand your position. Be polite. Treat others with respect — as you would like to be treated. When others are rude, take the high road. When you walk a straighter path, you’ll earn the respect of others.
7. If at first you don’t succeed, bomb disposal is not for you.
Know your strengths and your weaknesses. Not everyone can defuse difficult situations. If you have not learned this skill, you need to work with an experienced parent advocate who specializes in dispute resolution.
8. Any ship can be a minesweeper . . . once.
It’s easy to burn bridges. A good parent advocate also protects the child’s relationships with school personnel. Your child is likely to be in school for a long time.
9. If you see a bomb technician running, make sure to keep up with him.
Will the head special education bomb technician — the special education director or school attorney –be at your child’s IEP meeting? Pay attention. Either you should be worried or you have other members of the IEP team worried. Either way, you need to be prepared.
10. If at first you don’t succeed, call in an airstrike.
When your efforts to negotiate fail, don’t threaten to request a due process hearing. Contact a good parent attorney for advice.
Wednesday, February 8, 2012
Autism Spectrum Disorder, Inclusion, and Special Education Issues
On the basis of the relatively high proportion of mediations and due process hearings brought under the Individuals with Disabilities Education Act (IDEA) filed by parents of children with Autism Spectrum Disorder (ASD), it's reasonable to conclude that school districts are having only a limited amount of success in addressing the needs of students with this complex disability.
The U.S. Centers for Disease Control (CDC) states that ASD is the second most common serious developmental disability after mental retardation. ASD is currently described in the Diagnostic and Statistical Manual, fourth edition (DSM-4 TR) as a group of developmental disabilities that cause significant social, communication and behavioral challenges, and encompass five subtypes: including autism, Asperger syndrome, Rett syndrome, childhood disintegrative disorder, and pervasive developmental disorder. According to the CDC approximately 1 in 110 children in the United States have ASD. Data compiled by the U.S. Department of Education indicate that in 2007 around 250,000 children with ASD, ages 6 through 21, were served under the IDEA.
Under the IDEA students with disabilities should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate ("least restrictive environment"). They should have access to the general education curriculum, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Among reasons for educating students with ASD in inclusive educational settings is to provide them with opportunities to interact with nondisabled peers so they may learn and practice social and communication skills. However, many of these children manifest disability-related behaviors that cause them to be rejected by the same nondisabled peers with whom they need to interact.
Inclusion is unlikely to be successful for many children with ASD unless their school districts provide them with a sufficient amount of appropriate and individualized specially designed instruction so they can learn and practice appropriate behavioral responses to the situations that challenge them. Even when this is provided, inclusion still may not be successful unless and their school districts also provide education for their nondisabled peers that encourages them to interact with their classmates who have ASD and discourages them from engaging in behavior that constitutes bullying and harassment. When schools fail to adequately meet the needs of students with ASD, and fail to engage nondisabled peers in supporting them, research demonstrates that they can expect the aberrant and undesirable behaviors on the part of both groups to increase.
Before nondisabled peers can be trained to understand and interact with their classmates who have ASD, the school personnel working with both groups must have the knowledge and skills needed to understand and appropriately explain the altered manner in which students with ASD experience school environments and interactions, the ASD-related differences in communication and social skills, and the kinds of matters that contribute to discrepant behaviors. Unfortunately for all students, a number of educators and school administrators don’t know enough about ASD and how to write IEPs setting out methods and techniques that are likely to assist individual students with ASD -- and/or they may not be very good at implementing them.
Parents filing actions under the IDEA appear to be telling school district administrators and teachers that rather than blaming their children for being "poorly behaved," educators need to do a much better job of providing effective evidence-based interventions and programs that meet individual needs. Given the apparent gap between educator preparation and the level of preparation needed to provide children with ASD with a free and appropriate education (FAPE), this further indicates that public education agencies need to step up the amount and quality of education programs for educators and school professionals in order to provide them with sufficient information and training in the use of the specific methodologies and techniques that are most effective in providing appropriate services and modifying curriculum based upon the unique needs of individual children with ASD.
The U.S. Centers for Disease Control (CDC) states that ASD is the second most common serious developmental disability after mental retardation. ASD is currently described in the Diagnostic and Statistical Manual, fourth edition (DSM-4 TR) as a group of developmental disabilities that cause significant social, communication and behavioral challenges, and encompass five subtypes: including autism, Asperger syndrome, Rett syndrome, childhood disintegrative disorder, and pervasive developmental disorder. According to the CDC approximately 1 in 110 children in the United States have ASD. Data compiled by the U.S. Department of Education indicate that in 2007 around 250,000 children with ASD, ages 6 through 21, were served under the IDEA.
Under the IDEA students with disabilities should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate ("least restrictive environment"). They should have access to the general education curriculum, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Among reasons for educating students with ASD in inclusive educational settings is to provide them with opportunities to interact with nondisabled peers so they may learn and practice social and communication skills. However, many of these children manifest disability-related behaviors that cause them to be rejected by the same nondisabled peers with whom they need to interact.
Inclusion is unlikely to be successful for many children with ASD unless their school districts provide them with a sufficient amount of appropriate and individualized specially designed instruction so they can learn and practice appropriate behavioral responses to the situations that challenge them. Even when this is provided, inclusion still may not be successful unless and their school districts also provide education for their nondisabled peers that encourages them to interact with their classmates who have ASD and discourages them from engaging in behavior that constitutes bullying and harassment. When schools fail to adequately meet the needs of students with ASD, and fail to engage nondisabled peers in supporting them, research demonstrates that they can expect the aberrant and undesirable behaviors on the part of both groups to increase.
Before nondisabled peers can be trained to understand and interact with their classmates who have ASD, the school personnel working with both groups must have the knowledge and skills needed to understand and appropriately explain the altered manner in which students with ASD experience school environments and interactions, the ASD-related differences in communication and social skills, and the kinds of matters that contribute to discrepant behaviors. Unfortunately for all students, a number of educators and school administrators don’t know enough about ASD and how to write IEPs setting out methods and techniques that are likely to assist individual students with ASD -- and/or they may not be very good at implementing them.
Parents filing actions under the IDEA appear to be telling school district administrators and teachers that rather than blaming their children for being "poorly behaved," educators need to do a much better job of providing effective evidence-based interventions and programs that meet individual needs. Given the apparent gap between educator preparation and the level of preparation needed to provide children with ASD with a free and appropriate education (FAPE), this further indicates that public education agencies need to step up the amount and quality of education programs for educators and school professionals in order to provide them with sufficient information and training in the use of the specific methodologies and techniques that are most effective in providing appropriate services and modifying curriculum based upon the unique needs of individual children with ASD.
Saturday, February 4, 2012
Document, Document, Document: Maintaining Your Child’s Special Education File
Parents may not expect to get into disagreement with their child’s school district about whether their child with a disability is receiving special education and related services in compliance with the Individuals with Disabilities Education Act (IDEA) that are sufficient to satisfy the child’s right to a “free and appropriate education” (FAPE).
Whether or not a parent asks an attorney to become involved in dealing with such a disagreement, it’s important for parents to retain ALL of the documents, communications, and records related to their child’s disability-related needs, including the following:
• Emails, memos, and letters to and from the parent and the school district and area education agency (AEA) concerning any matter related to the child’s disability and/or special education services.
• Records of all requests by the parent in regard to evaluations, reevaluations, changes in services, and educational placement.
• Prior Written Notices to the parent provided by the school district and/or AEA in regard to actions proposed or refused by the school district and/or AEA.
• Individualized Education Program (IEP) documents
• IEP Team meeting notices and a list of people who actually attended each IEP meeting.
• Copies of parental consents and releases of information.
• Reports and letters from private medical, psychological, and therapeutic evaluations, consultations and services related to the child’s disability, and social, emotional, and academic progress.
• Reports and letters from all educational, psychological, and functional assessments and evaluations performed by the school district and AEA related to the child’s disability, and social, emotional, and academic progress.
• Records of all disciplinary and attendance matters.
• All grade report cards and IEP report cards/progress reports;
• All reports from school-wide standardized testing (e.g., the Iowa Tests, DIBELS, MAP, NWEAE);
• Records of the names of all medications taken by the child in connection with a disability or that have a bearing on his or her functioning;
• Parent notes and audio recordings from all IEP meetings.
If at all possible, scan hard-copy documents to pdf format, save them on a hard drive and back them up to an external hard drive, and title them by the date and type of document (e.g., 1-20-2012 7th Grade Autism Clinic Evaluation, 2-20-2012 7th Grade Iowa Tests Report, 4-1-2012 7th OT Evaluation).
Other tips that parents have found helpful include:
• Emails: Retain ALL emails sent by you or sent to you from anyone from the school district or area education agency. Before you change email services, forward those emails to your new account.
• IEPs and other documents: Upon receiving an document, immediately write the date you received it in the upper right hand corner and write any notes about its significance on an attached sticky note. File in order by date.
Whether or not a parent asks an attorney to become involved in dealing with such a disagreement, it’s important for parents to retain ALL of the documents, communications, and records related to their child’s disability-related needs, including the following:
• Emails, memos, and letters to and from the parent and the school district and area education agency (AEA) concerning any matter related to the child’s disability and/or special education services.
• Records of all requests by the parent in regard to evaluations, reevaluations, changes in services, and educational placement.
• Prior Written Notices to the parent provided by the school district and/or AEA in regard to actions proposed or refused by the school district and/or AEA.
• Individualized Education Program (IEP) documents
• IEP Team meeting notices and a list of people who actually attended each IEP meeting.
• Copies of parental consents and releases of information.
• Reports and letters from private medical, psychological, and therapeutic evaluations, consultations and services related to the child’s disability, and social, emotional, and academic progress.
• Reports and letters from all educational, psychological, and functional assessments and evaluations performed by the school district and AEA related to the child’s disability, and social, emotional, and academic progress.
• Records of all disciplinary and attendance matters.
• All grade report cards and IEP report cards/progress reports;
• All reports from school-wide standardized testing (e.g., the Iowa Tests, DIBELS, MAP, NWEAE);
• Records of the names of all medications taken by the child in connection with a disability or that have a bearing on his or her functioning;
• Parent notes and audio recordings from all IEP meetings.
If at all possible, scan hard-copy documents to pdf format, save them on a hard drive and back them up to an external hard drive, and title them by the date and type of document (e.g., 1-20-2012 7th Grade Autism Clinic Evaluation, 2-20-2012 7th Grade Iowa Tests Report, 4-1-2012 7th OT Evaluation).
Other tips that parents have found helpful include:
• Emails: Retain ALL emails sent by you or sent to you from anyone from the school district or area education agency. Before you change email services, forward those emails to your new account.
• IEPs and other documents: Upon receiving an document, immediately write the date you received it in the upper right hand corner and write any notes about its significance on an attached sticky note. File in order by date.
Thursday, February 2, 2012
Office of Civil Rights Focuses Public Schools’ Attention on Students’ Rights Under the Americans With Disabilities Act and Section 504
On January 19, 2012, in a letter to public schools, the U.S. Department of Education (USDOE) announced that it is stepping up its efforts to ensure that public schools are complying with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
On behalf of the USDOE, Russlynn Ali, Assistant Secretary for Civil Rights (OCR) wrote that although the 2008 amendments to the ADA took effect three years ago, the OCR has become aware that public schools need guidance in regard to their related responsibilities. She stated that the OCR will be working to eliminate disability discrimination in public elementary and secondary schools by investigating complaints, conducting compliance reviews, issuing policy guidance, providing technical assistance, and working closely with the Department of Justice. For additional information, she referred schools to the USDOE’s publication titled “Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.” That publication addresses the broadened definition of disability and the changes made by the 2008 amendments, explains how the amendments affect Section 504, and explains the obligations of school districts under Section 504 and the AEA.
The 2008 amendments broadened the definition of disability that schools must honor and asked districts to simplify the special education evaluation process. Specifically, they guaranteed that students may qualify for disability services even if they have a condition that affects them intermittently. In addition, they make it clear that a student may be eligible for special education services even if they are already performing well in school so long as they have an impairment that “substantially limits a major life activity,” according to documentation included in the Education Department correspondence. In effect, the amendments broaden the scope of students who school districts are required to evaluate for special education services. Additionally, the amendments state that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) may not be considered in determining whether an individual has a disability; expands the scope of “major life activities” by providing nonexhaustive lists of general activities and major bodily functions, clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and clarifies how the ADA applies to individuals who are “regarded as” having a disability.
On behalf of the USDOE, Russlynn Ali, Assistant Secretary for Civil Rights (OCR) wrote that although the 2008 amendments to the ADA took effect three years ago, the OCR has become aware that public schools need guidance in regard to their related responsibilities. She stated that the OCR will be working to eliminate disability discrimination in public elementary and secondary schools by investigating complaints, conducting compliance reviews, issuing policy guidance, providing technical assistance, and working closely with the Department of Justice. For additional information, she referred schools to the USDOE’s publication titled “Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.” That publication addresses the broadened definition of disability and the changes made by the 2008 amendments, explains how the amendments affect Section 504, and explains the obligations of school districts under Section 504 and the AEA.
The 2008 amendments broadened the definition of disability that schools must honor and asked districts to simplify the special education evaluation process. Specifically, they guaranteed that students may qualify for disability services even if they have a condition that affects them intermittently. In addition, they make it clear that a student may be eligible for special education services even if they are already performing well in school so long as they have an impairment that “substantially limits a major life activity,” according to documentation included in the Education Department correspondence. In effect, the amendments broaden the scope of students who school districts are required to evaluate for special education services. Additionally, the amendments state that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) may not be considered in determining whether an individual has a disability; expands the scope of “major life activities” by providing nonexhaustive lists of general activities and major bodily functions, clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and clarifies how the ADA applies to individuals who are “regarded as” having a disability.
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