The White House
Washington D.C.
January 19, 2012
Today, the
Department of Education released a Dear Colleague letter and FAQ that help to
ensure educational opportunities for children with disabilities are provided
free from disability discrimination.
Please read
the blog post below. You can view the press release, letter, and FAQ at http://www.ed.gov/news/press-releases/department-education-issues-ada-amendments-act-dear-colleague-letter-provide-gui
Equal Access to
Education
http://www.whitehouse.gov/blog/2012/01/18/equal-access-education
Posted
by Russlynn Ali on January 18, 2012
Access to a high-quality education is critical for empowering all Americans to
lead rich and productive lives. Every day, the U.S. Department of
Education and my office, the Office for Civil Rights (OCR), work to ensure that
all students, including those with disabilities, have equal access to that
important benefit. OCR does this by enforcing federal nondiscrimination
laws, including two that specifically protect individuals from discrimination
on the basis of disability: the Americans with Disabilities Act (the ADA) and Section 504 of
the Rehabilitation Act (Section 504).
OCR has
issued new tools that educators, parents, students, and others can use to help
ensure that all elementary and secondary students with disabilities are
provided an equal opportunity to participate in, and benefit from, a public
education.
In two
guidance documents, a Dear Colleague Letter and accompanying Questions and
Answers document, OCR discusses the effects of the Americans with Disabilities
Act Amendments Act (Amendments Act) on public elementary and secondary
education programs. The ADA and Section 504 define "disability" as (1) a
physical or mental impairment that substantially limits a major life activity;
(2) a record of such an impairment; or (3) being regarded as having such an
impairment. The Amendments Act, which became effective January 1, 2009,
emphasizes that the definition should be interpreted to allow for broad
coverage. Students who, in the past, may not have been determined to have
a disability under the ADA
and Section 504 may now in fact meet the definition of disability under these
laws. These amendments allow educators to focus on whether a school district's
actions and obligations ensure equal education opportunities, rather than on
the technical issue of whether a student has a disability.
The
documents we released also provide additional guidance on the requirements of
Section 504 and the ADA
in elementary and secondary schools. They reiterate the legal obligation of
school districts to evaluate students for disability, provide a free
appropriate public education to students with disabilities, and provide
procedural safeguards for identification, evaluation, and educational
placement. And they remind school districts that even if it is determined
that a student does not need special education or related services, they must
still consider whether the student is entitled to a reasonable modification of
policies, practices, or procedures.
As Education
Secretary Duncan said in support of President Obama's proclamation of October
as National Disability Employment Awareness Month, "with a high-quality
education, children with disabilities will be self-sufficient and will be able
to work and live independently." We at OCR are passionate about making
sure that students with disabilities receive that high-quality education so that
they may achieve their dreams and make positive and lasting contributions to
our communities.
Russlynn Ali is the Assistant Secretary for
Civil Rights in the Department of Education
Posted
Jan 27 2012, 04:33 PM
by
BusyBee