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I think it odd that I am actually seriously celebrating and thinking about the 20th anniversary of the Americans With Disabilities act. As a man who has spent well over half of his life in a wheelchair with a permanent spinal cord injury I can say that my feelings about this landmark law have generally been negative. For instance, the law famously began as a civil rights act enforced by alleged victims filing lawsuits to force compliance in individual cases. I wonder if racial desegregation in education would have happened at all if Governor George Wallace had confronted a civil complaint instead of the National Guard on the steps of the University of Alabama back in 1963. The ADA was sadly bereft of enforcement teeth when it was passed 20 years ago. There have been phased upgrades that have produced some improvements in certain kinds of workplace accommodations and in particular, the IDEA law has bolstered equality for disabled students since its passage in 2004. In general, though, the ADA’s quiet, seemingly ad hoc effort to achieve a justice and equality that I found absolutely clear and imperative in my life has been frustrating. 

The U.S. Education Department's Office of Civil Rights on Friday is sending school districts a 13-page guidance document that spells out the rights of students with disabilities to participate in school athletics.

A federal investigation into whether East Orange, N.J., schools placed students with disabilities in segregated classrooms is now closed with a pledge from the district to change the way it decides where these students attend school. The U.S. Department of Education's office for civil rights said today that it found that during the 2009-10 and 2010-11 school years, more than 60 percent of students with disabilities in East Orange were in self-contained classrooms. Many of the students had been diagnosed as having learning disabilities. The agency found that the district didn't always consider whether these students could be successful in an integrated classroom with the right supports. The New Jersey Department of Education's goal is that about 44 percent of students with disabilities spend most of their school days with students who don't have disabilities.

Today, the Department's Office for Civil Rights issued guidance clarifying school districts' existing legal obligations to provide equal access to extracurricular athletic activities to students with disabilities. In addition to explaining those legal obligations, the guidance urges school districts to work with community organizations to increase athletic opportunities for students with disabilities, such as opportunities outside of the existing extracurricular athletic program. Students with disabilities have the right, under Section 504 of the Rehabilitation Act, to an equal opportunity to participate in their schools' extracurricular activities. A 2010 report by the U.S. Government Accountability Office found that many students with disabilities are not afforded an equal opportunity to participate in athletics, and therefore may not have equitable access to the health and social benefits of athletic participation.

Click here to registerWhat:Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Students eligible for special education services under the IDEA are typically also eligible for services under Section 504; additionally, students not eligible under IDEA may be covered by Section 504. Therefore, it is critical that advocates for students with disabilities understand protections under Section 504 as well as ways to deal with suspected violations.    This webinar will provide an overview of the structure of the Office for Civil Rights (OCR) at the U.S. Department of Education, which enforces Section 504 with respect to entities that receive federal financial assistance from the Department. The Section 504 complaint process will be examined in depth, including who may file a complaint, when a complaint may be filed, how to file a complaint, what type of information is necessary to file a complaint and how to effectively present that information. Additional ways to address suspected violations will also be explained as well as strategies to effectively navigate procedural safeguards provided by the law. The webinar will also provide an overview of how the Americans with Disabilities Act Amendments Act applies to Section 504. Time will be provided for questions for participants. When: Wednesday, December 7, 2011  12:00 to 1:30 PM MT Cost: $50.00

"Ten Employment Myths" Many employers misunderstand the Americans with Disabilities Act and are reluctant to hire people with disabilities because of unfounded myths. This seventeen-minute video responds to concerns expressed by employers, explaining the ADA in common sense terms and dispelling myths about this often overlooked pool of well-qualified employees.

"My Country" In this one-hour documentary, symphony conductor James DePreist, who contracted polio as a young man, profiles three people with disabilities whose lives have been shaped by the struggle for equal rights. Mr. DePreist is the nephew of African American contralto Marian Anderson, who in 1939 was prevented from singing at Constitution Hall. He draws parallels between racial barriers and the barriers faced by people with disabilities.

Ten Small Business Mistakes This thirteen-minute video identifies common mistakes that small businesses make when trying to comply with the ADA and addresses the importance and value of doing business with 50 million people with disabilities. The video features statements by store owners expressing their doubts or misunderstandings about the ADA followed by responses from the Assistant Attorney for Civil Rights and other Department of Justice employees explaining the law in common sense terms.

Leaders from the disability community joined U.S. Secretary of Education Arne Duncan and other senior officials from the White House and the Education Department Monday for a panel discussion celebrating the 39th anniversary of Section 504 of the Rehabilitation Act of 1973.

Today, ED’s Office for Civil Rights has released guidance that clarifies existing legal obligations of schools to provide students with disabilities an equal opportunity to participate alongside their peers in after-school athletics and clubs. We make clear that schools may not exclude students who have an intellectual, developmental, physical, or any other disability from trying out and playing on a team, if they are otherwise qualified. This guidance builds on a resource document the Department issued in 2011 that provides important information on improving opportunities for children and youth with disabilities to access PE and athletics.

Today, the U.S. Department of Education (ED) released a new video where Department staff share personal stories and identify tools that support students experiencing bullying. In response to students suffering bullying in schools, ED has redoubled efforts to give parents, educators, and students the tools they need to stop harassment, including through the website Stopbullying.gov and civil rights enforcement.

The U.S. Department of Education announced today that its Office for Civil Rights has reached a resolution agreement with the Memphis, Tenn., City Schools on aids and services to students with disabilities. The agreement resolves a compliance review initiated by the department to address whether the district is appropriately evaluating students with food allergies, asthma, diabetes, and other health impairments who have Individual Health Care Plans (IHCPs) to determine if the students are qualified students with a disability as defined by Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II). OCR also investigated whether there was a difference in the provision of services to health impaired students on the basis of race.

Directing one’s life is essential for experiencing self determination. People providing support have many questions about capacity and consent for people with intellectual and developmental disability and few resources to rely on. This presentation will outline the issues, and share resources developed by an with special focus on how to support people of all different abilities to find decision making solutions that support maximum autonomy, preserve civil rights and while providing people with support for decision making.

Suspension rates have more than doubled over the last three decades across all grade levels. At the same time, racial gaps have widened: Black students are three and a half times as likely to be suspended or expelled as their white peers, according to Department of Education data released earlier this spring. The Office for Civil Rights gathered the data from 72,000 schools in 7,000 districts, which educate approximately 85 percent of the country’s students.

Travis Moses is a blind student who can’t always do his homework because an online program the University of Montana uses is inaccessible to him.Moses, a senior in the social work program, is one of some 1,121 students registered with UM’s Disability Student Services. He estimates from 75 percent to 90 percent of his classes have an online component – and some UM courses are only online.“I’ve been told every year, ‘Oh, we’re working on it,’ ” Moses said Monday. “Well, you know, I’ve gotten to the point that I doubt it. I’m angry that something was put in place that was not verified.”Last May, the Alliance for Disability and Students at the University of Montana – ADSUM – filed a complaint with the U.S. Department of Education alleging students such as Moses who have disabilities face discrimination at UM. On Monday, the department’s Office for Civil Rights confirmed in an email the complaint about educational technologies is under investigation.

What:The hearing will focus on the importance of accessible technology and how this issue is impacting K-12 and higher education. Witnesses include:Panel I with Eve Hill,  Senior Counselor to the Assistant Attorney General, Civil Rights Division, Department of Justice. Panel II with Mark Riccobono, Executive Director, Jernigan Institute, National Federation of the Blind, Dr. John B. Quick, Superintendent, Bartholomew Consolidated School Corporation in Columbus, IndianaMark Turner, Director, Center for Accessible Media, Accessible Technology Initiative, California State University We hope to see you there. If you are unable to attend, the hearing will be broadcasted live online at www.help.senate.gov.Real time captioning and sign language interpreters will be provided at the hearing.When:February 7, 201212:30 p.m. - 2:00 p.m. Mountain Time Where:Dirksen Senate Building Room G-50Washington, D.C.Contact:Committee on Health, Education, Labor and Pensions428 Senate Dirksen Office BuildingWashington, DC 20510Phone: 202-224-5375

Minority students across America face harsher discipline, have less access to rigorous high school curricula, and are more often taught by lower-paid and less experienced teachers, according to the U.S. Department of Education's Office for Civil Rights (OCR).

Parents are critical assets in education. Parents can be a voice for high expectations for children and for supporting educators in creating schools where all children receive what they need to succeed. An excellent education is every child’s civil right; and while our nation has made great strides—with a record high school graduation rate and college enrollment at all-time highs—we have much further to go to ensure that every child has equal opportunity to learn.

On November 29, 1975, then-President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142). In adopting this landmark civil rights measure, Congress opened public school doors for millions of children with disabilities and laid the foundation of the country’s commitment to ensuring that children with disabilities have opportunities to develop their talents, share their gifts, and contribute to their communities.

The Office of Public Instruction has posted links to current Section 504 guidance on our Website.  This guidance is from the Center for Technical Assistance for Excellence in Special Education (TAESE)  and the Office of Civil Rights. The links are available on the Special Education Webpage (http://opi.mt.gov/Programs/SpecialEd/Index.html) under "RELATED LINKS" and include: Guidelines for Educators and Administrators for Implementing Section 504 of the Rehabilitation Act of 1973-Subpart D A Parent and Educator Guide To Section 504 Accommodations for Identified Children With Disabilities Section 504 Procedural Requirements for School Districts; and Section 504 A Possible Service Option for Students with Disabilities Section 504 requirements are separate from special education.  This guidance is provided as a courtesy.