What is the Americans with Disabilities Act?
Federal laws help us to create Our Happy Place in school
There are so many confusing terms out there! Two pieces of legislation are often mentioned when considering the needs of a student who attends a school that receives federal funding and needs supports/accommodations in school.
If your child is diagnosed with an anxiety disorder, it is likely a major life function such as communicating, concentrating, and learning are impacted.
Section 504 is not special education. Special Education is governed by the Individuals with Disabilities in Education Act (IDEA). Children with disabilities may also be covered by Section 504, but students with Section 504 impairments are not covered by the IDEA.
Section 504 of the 1973 Rehabilitation Act was the first disability civil rights law passed by Congress. It prohibits discrimination against people with disabilities in programs that receive federal funding. This includes private schools if they accept federal funding from the public school district in their town.
Who are we talking about?
Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment or (3) is regarded as having such an impairment. Major life activities include walking, seeing, communicating, concentrating, eating, hearing, speaking, breathing, learning, working, sleeping, caring for oneself, and performing manual tasks. (This is a non-exhaustive list. Please see Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (FAQ 12) (last modified Oct. 16, 2015) at www.ed.gov/ocr/504faq.html.)
The Americans with Disabilities Act (ADA) was passed by Congress in 1990. It is far reaching as it applies to schools and businesses that receive funds from federal, state, or privately-owned establishments. This civil rights law prohibits discrimination solely on the basis of disability in employment, public services, and accommodations.