Disability Discrimination Act For Schools In Santa Clara
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FAQ
In order to qualify for a 504 plan, your child must have a disability and that disability must impact his or her ability to receive an education. Under Section 504, a disability is defined as a condition that impacts one or more basic life activities and can include physical, emotional, or cognitive disabilities.
Section 504 may include conditions such as (but not limited to) dyslexia, cerebral palsy, Attention Deficit/Hyperactivity Disorder, epilepsy, multiple sclerosis, hearing impairments, asthma, neurological impairments, asthma, neurological impairments, emotional illness, visual impairments, learning disabilities, ...
Title III of the ADA covers privately-funded schools. All public or private schools that receive federal funding are required under Section 504 of the Rehabilitation Act to make their programs accessible to students with disabilities.
Below are some examples of direct discrimination: A parent rings a school asking about admission for a child with cerebral palsy. The secretary says, “We don't take disabled children.” A deaf young person is not allowed to take part in a workshop run by a visiting orchestra, as “Deaf children won't benefit from music.”
First, a parent, teacher or other school staff member, health care provider, or therapist asks the school to evaluate the student for a 504 plan. Every school handles 504 plans a little differently, but most have a 504 team that may include the principal, teachers, school nurse, guidance counselor, and psychologist.
Decisions about who qualifies for Section 504 cannot be based solely on a single source of data (i.e. a doctor's diagnosis or grades). A medical diagnosis is NOT required under Section 504. Once a child has been deemed eligible for accommodations, a Section 504 Plan is then developed by a Section 504 committee.
Yes. A student with an anxiety disorder has a disability if their anxiety disorder substantially limits one or more of their major life activities. An anxiety disorder can, for example, substantially limit concentrating, which is a major life activity under Section 504.
If you think you were discriminated against on the basis of a disability, your best initial course of action may be to file a complaint with the Office of Civil Rights. They'll investigate the situation on your behalf and try to reach a resolution with the school.
For example, it's discrimination when a teacher knows that your child has an IEP, has signed the IEP, and still requests that your child complete the work of his/her neurotypical peers — commenting about the lack of ability to get the work done.
Disability discrimination at work your employer not providing reasonable adjustments that would help you to do your job. an employer withdrawing a job offer when they learn of your condition. your employer firing you due to disability-related absences. workplace bullying because you are disabled.
