Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Contents
- Q1: What disability-related Federal laws does OCR enforce?
- Q2: What is the Amendments Act?
- Q3: Does the Amendments Act alter the Individuals with Disabilities Education Act (IDEA)?
- Q4. How does the Amendments Act alter coverage under Section 504 and Title II?
- Q5: Should a school district revise its policies and procedures regarding the determination of coverage and provision of services under Section 504 and Title II?
- Q6. Does the Amendments Act address the "major life activities" referred to in the Section 504 and Title II regulations?
- Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
- Q8: Does the Amendments Act affect a school district's obligation to provide a free appropriate public education as described in the Section 504 regulation?
- Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
- Q10: What should a school district do if it does not believe that a student needs special education or related services as described in the Section 504 regulation?
- Q11: What must a school district do for a student who has a disability but does not need any special education or related services?
- Q12: Should school districts conduct FAPE evaluations as described in the Section 504 regulation for students who, prior to the Amendments Act, had health problems but might not have been considered persons with a disability?
- Q13: Are the provision and implementation of a health plan developed prior to the Amendments Act sufficient to comply with the FAPE requirements as described in the Section 504 regulation?
- Q14: Does the Amendments Act affect the situation in which a parent or guardian believes that his or her child has a disability and is not receiving special education or related services as described in the Section 504 regulation?
- Q15: Does the Amendments Act require the Department to revise or create new Section 504 regulations to implement the Amendments Act?
- Q16: Does OCR's enforcement activity reflect the changes made by the Amendments Act?
- Q17: Where can I find additional information or receive technical assistance concerning Section 504 and Title II in light of the Amendments Act?
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