The New ADA Amendments Act of 2008 and its Effects on Section 504
Guidance and Solutions for School Districts
School districts, colleges, and universities should be aware of the effects of the new ADA Amendments Act of 2008, which became effective January 1, 2009. The ADA Amendments Act of 2008 broadens who qualifies for protection under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504).
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits the discrimination of all disabled individuals, on the basis of disability, by any program or activity which receives or benefits from federal financial assistance. Section 504 requires that disabled students be provided with a free appropriate public education (FAPE) and sets forth requirements concerning identification, evaluation, appropriate services, and procedural safeguards. School districts often question how best to implement Section 504 in light of the requirements under the Individuals with Disabilities Education Improvement Act (“IDEA”). With the new ADA Amendments Act, school districts may find their obligations under Section 504 to be even more complex.
To assist school districts, colleges, and universities as they update their policies, procedures, and forms to comply with the new ADA Amendments Act, we provide below an overview of the changes and critical information to consider when revising your Section 504 forms and policies. If we can be of assistance to you as you update your policies, please contact your preferred Franczek Radelet attorney, or Patti Whitten at (312) 786-6165, Darcy Kriha at (312) 786-6569, Dana Fattore Crumley at (312) 786-6583, or Amy Dickerson at (312) 786-6108.
Overview – An e-mail bulletin providing an overview of the ADA Amendments Act of 2008
The new ADA’s effects on Section 504 – An e-mail bulletin highlighting the new guidance from the Department of Education addressing the effects of the ADA Amendments Act on Section 504.
Guidance on Section 504 – New Department of Education guidance on the effects of the ADA Amendments Act on Section 504, as well as the general requirements under Section 504
The Relationship between Section 504 and the ADA – General Department of Education guidance on the relationship between Section 504 and the ADA, and their application to school districts, colleges and universities.
Section 504 Regulations: School districts can access the Section 504 regulations here.
The ADA Amendments Act of 2008: School districts can access the ADA Amendments Act of 2008 here.
The Franczek Radelet Special Education Team will host sessions on "The New Section 504" in September and October of 2009. To learn more about these sessions, click here. To go directly to the registration page for these sessions, click here.