The U.S. Department of Education Office for Civil Rights This - - PowerPoint PPT Presentation
The U.S. Department of Education Office for Civil Rights This document provides general information for the purposes of training and technical assistance. This document is not an OCR policy document. Objectives Overview of OCR Explain
This document provides general information for the purposes of training and technical assistance. This document is not an OCR policy document.
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l Part of the U.S. Department of Education l Enforces federal civil rights laws prohibiting
l Headquartered in Washington, DC and
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l Title VI of the Civil Rights Act of 1964 l Title IX of the Education Amendments of
l Section 504 of the Rehabilitation Act of
l Title II of the Americans with
l The Age Discrimination Act of 1975 l Boy Scouts of America Equal Access Act
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l state education agencies l elementary and secondary school systems l colleges and universities l state vocational rehabilitation agencies
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l resolves complaints l conducts compliance reviews l provides technical
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l Early Complaint Resolution l Investigation l Voluntary resolution before the
l Resolution Agreement (to settle the
l Letter of Findings and Enforcement
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l Presentations l Responses to telephone and written
l Workshops l Consultations
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l Failure to provide FAPE to an elementary or
l Failure to provide appropriate academic
l Denying the benefits of a program or activity
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l General Provision: Prohibition
l Elementary and Secondary
l Accessibility (Subpart C)
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l of an age when students without
l of an age which it is mandatory under
l a state is required to provide FAPE under
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l Educational and related services at
l may charge fees paid by all students
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l regular or special education and related aids
l based on requirements regarding academic
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l To be protected under IDEA, a child must: l have a particular disability listed in IDEA,
l need special education l Under Section 504, a qualified student with
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Identification Placement Evaluation
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l Before initial placement l Before any subsequent significant
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(1) Does the child have a disability
(2) If so, what are the child’s
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l Effective Jan. 1, 2009 l Amends ADA and conforms definition of
l Retains the elements of the term “disability,”
l “substantially limits a major life activity” and l being “regarded as” having an impairment. l Requires “disability” to be construed broadly l Did not alter IDEA
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l A physical or mental impairment
l A record of such impairment, or l Being regarded as having such
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l The Amendments Act maintains the
l The meaning of “disability” changed.
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l Meaning of “substantially limiting” l No mitigating measures (except
l Episodic impairment is a disability if it
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l Functional limitation is irrelevant l Not transitory and minor l Not entitled to reasonable
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l Caring for oneself l Performing manual
l Walking l Seeing l Hearing l Speaking l Breathing l Learning l Working
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l Eating l Sleeping l Standing l Lifting l Bending l Reading l Concentrating l Thinking l Communicating
l Functions of the
l Normal cell growth l Digestive l Bowel Functions l Bladder
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l Brain l Circulatory l Endocrine l Reproductive l Neurological l Respiratory
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l Does not mean severe restriction or
l Look to condition, manner, and duration
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l Caring for oneself l Performing manual
l Walking l Seeing l Hearing l Speaking l Breathing l Learning l Working l Eating l Sleeping l Standing l Lifting l Bending l Reading l Concentrating l Thinking l Communicating
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l Functions of the
l Normal cell growth l Digestive l Bowel Functions l Bladder
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l Brain l Circulatory l Endocrine l Reproductive l Neurological l Respiratory
l The student has been evaluated l Eligibility has been established l Her/His needs have been identified l Next, decide on . . .
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l aptitude and achievement tests l teacher recommendations l physical condition l social or cultural background l adaptive behavior
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l the student l the meaning of the evaluation data l the placement options
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l evaluation information from a variety
l all significant factors affecting the
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l documents all the information
l does not rely on assumptions
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l Regular classes l Regular classes with supplementary
l Special education and related
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l Be educated with non-disabled
l Placement should be in regular
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l Students with disabilities must be
l May be part of the Plan
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l Periodic reevaluations is required.
l Recipient must develop procedures
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l Notice l Records review by parent or guardian l Due Process (i.e., impartial hearing
l A review procedure
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l Visit OCR’s Reading Room, available at:
l Refer to OCR’s “Q&A on the ADA
l Refer to OCR’s “FAQs about Section
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l Website: www.ed.gov/ocr l Amy Kim: amy.kim@ed.gov
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