CESD Section 504 Compliance System
Forms and Procedures
***An important note about the ADA Amendments Act of 2008 (ADAAA). In January of 2009, the provisions of the ADAAA went into effect. This legislation significantly changed Section 504 eligibility.
To date, the U.S. Department of Education (USDE) has not issued guidance, although the Office for Civil Rights (OCR) has updated a Q&A document to address, in a preliminary way, these changes. This document, Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities, a revised March27, 2009 FAQ from OCR-Chicago, is available on the OCR website. The Revised Q&A was not intended as the final USDE guidance on these issues, as noted in its opening paragraph. “OCR is currently evaluating the impact of the Amendments Act on OCR’s enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate.” Until USDE issues guidance (or perhaps new regulations), any discussion of the ADAAA’s impact on the K-12 Section 504 free appropriate public education, and changes to Section 504 forms, requires speculation. These forms reflect our best efforts to address the changes consistently with historical OCR guidance. If you choose to use these forms or make changes to your school’s §504 process based on these forms, involve your school attorney in the discussion.
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