Special Education

Changes to Disabilities Act Seen as Offering Students Protections

By Christina A. Samuels — September 19, 2008 3 min read
  • Save to favorites
  • Print

A bill expanding the Americans with Disabilities Act that is headed to the White House could have implications for some students with disabilities.

Congressional lawmakers said the bill was necessary because of court decisions that had narrowed the protections for people with disabilities under the 18-year-old law. If signed into law by President Bush, the measure would also mean changes for Section 504 of the Rehabilitation Act of 1973, which predates the better-known Individuals with Disabilities Education Act.

The IDEA, first passed in 1975, requires schools to give students with disabilities individualized education programs designed to meet their education needs.

Section 504 prohibits discrimination by organizations, such as schools, that receive federal funding.

There is a small group of students who might be covered by Section 504 protections, but not by the IDEA. Examples of pupils who might need a “504 plan” are students with diabetes who need accommodations to maintain proper blood-sugar levels, or students with attention deficit hyperactivity disorder who may need more time to complete tests.

Source of Confusion

But Section 504 has been a source of confusion for some school administrators. (See “Study Finds ‘Section 504’ Rules Source of Confusion for Schools,” March 19, 2008.)

Just the fact that a child has a disability is not enough for eligibility under current legal requirements. If a student can be brought up to the standards of an average peer through the use of “mitigating measures,” such as medication, that child is not eligible for Section 504 services. The concept of mitigating measures came from a 1999 U.S. Supreme Court ruling.

The Americans with Disabilities Amendment Act, however, would do away with mitigating measures as a way of denying someone protection under the ADA and Section 504.

The bill also requires that courts interpret the bill broadly, which means giving people with disabilities the benefit of the doubt that they are eligible for protection.

The bill was approved by voice vote in the House on Sept. 17. The House had passed its own version of the bill in June by a vote of 402-17, but ended up voting to suspend the rules and adopt the Senate version.

“This bill better defines who Congress intends to meet the definition of disabled,” Sen. Tom Harkin, D-Iowa, a sponsor of the bill, said during a press conference Sept. 17. “It clarifies that mitigating measures, such as medication, may not be taken into account. It provides guidance as to what is a major life activity. And, most critically, it lowers the threshold for how limiting a condition must be, and insists that courts interpret the ada broadly.”

The White House has released a statement saying President George Bush “looks forward to signing the [bill] into law.”

Under the new changes, more children potentially could be eligible for Section 504 protections in school. How many more, though, is unclear.

Big Changes Unlikely

Rachel A. Holler, the principal of Stewart Middle School in Norristown, Pa., conducted research into Section 504 as her doctoral thesis at Lehigh University in Bethlehem, Pa. From her research, she determined that many schools may have been giving Section 504-related accommodations to students even though they were not legally obligated to do so.

For those schools, little may change, Ms. Holler said.

Jessica Butler, with the Council of Parent Attorneys and Advocates, or COPAA, in Towson, Md., said a small number of schools were denying students Section 504 protections. One example she gave was of a school that said a child did not need accommodations for diabetes because the disease was controlled by insulin.

Another school, according to Ms. Butler, suggested that a child with a severe allergy to nuts did not need accommodations because the allergy appeared only when the child was exposed to nuts.

“Most schools do what they should do” and give students accommodations when necessary, said Ms. Butler, who is the co-chairwoman of the government-affairs committee of COPAA.

But there were some school districts that were beginning to use a stricter interpretation, she said.

“It’s in that context where these reforms could have a potential impact,” she said. “It says to everyone, ‘We’re not going to close doors to civil rights protections for adults, or children.’ ”

A version of this article appeared in the September 24, 2008 edition of Education Week as Changes to Disabilities Act Seen As Offering Students Protections

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
Student Success Strategies: Flexibility, Recovery & More
Join us for Student Success Strategies to explore flexibility, credit recovery & more. Learn how districts keep students on track.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Shaping the Future of AI in Education: A Panel for K-12 Leaders
Join K-12 leaders to explore AI’s impact on education today, future opportunities, and how to responsibly implement it in your school.
Content provided by Otus
Student Achievement K-12 Essentials Forum Learning Interventions That Work
Join this free virtual event to explore best practices in academic interventions and how to know whether they are making a difference.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education How Schools Make Up for the Feds' Unfulfilled Special Ed. Funding Commitment
Congress has never met a 50-year-old funding commitment it made for special education services.
6 min read
Vector of a teacher hand holding puzzle piece bridging the gap in primary education for children
iStock/Getty Images
Special Education What Educators Need to Know About Dyslexia—and Why It's Not Something to 'Fix'
Curing dyslexia isn't an option, say experts. But with today's resources, there's a lot of reason for optimism.
6 min read
Illustration of a young woman looking up at a very large wave of letters, numbers, pencils, and paint brushes looming over her head.
iStock/Getty
Special Education Biden Administration Scraps Medicaid Change for Special Ed. Services
The proposal aimed to streamline how schools bill Medicaid for the mental health and medical services they provide to students.
4 min read
Scarlett Rasmussen, 8, watches a video on her tablet as mother, Chelsea, administers medication while they get ready for school, Wednesday, May 17, 2023, at their home in Grants Pass, Ore. Chelsea, has fought for more than a year for her daughter, Scarlett, to attend full days at school after starting with a three-day school week. She says school employees told her the district lacked the staff to tend to Scarlett’s medical and educational needs, which the district denies. Scarlett is nonverbal and uses an electronic device and online videos to communicate, but reads at her grade level. She was born with a genetic condition that causes her to have seizures and makes it hard for her to eat and digest food, requiring her to need a resident nurse at school.
Scarlett Rasmussen, 8, watches a video on her tablet as mother, Chelsea, administers medication while they get ready for school, May 17, 2023, at their home in Grants Pass, Ore. The Education Department has scrapped a proposal that would have changed the process for how schools bill Medicaid for services they provide to students.
Lindsey Wasson/AP
Special Education Schools Lag in IDing Kids Who Need Special Education. Are They Catching Up?
Schools in one state are making progress addressing a pandemic-fueled backlog of special education identifications.
5 min read
Illustration of a young girl with hands on her head, having difficulty reading with scrambled letters on the pages of an open book.
iStock/Getty