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Disability Rights Education & Defense
Fund (DREDF)
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Founded in 1979 by
people with disabilities and parents of children with
disabilities, the Disability Rights Education and
Defense Fund, Inc. (DREDF) is a national law and policy
center dedicated to protecting and advancing the civil
rights of people with disabilities through legislation,
litigation, advocacy, technical assistance, and
education and training of attorneys, advocates, persons
with disabilities, and parents of children with
disabilities
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Covered employers
must grant an
eligible employee up to a total of 12 workweeks of
unpaid leave during any 12-month period for one or more
of the following reasons:
for the birth and care of the newborn child of the
employee; for placement with the employee of a son or
daughter for adoption or foster care; to care for an
immediate family member (spouse, child, or parent) with
a serious health condition; or to take medical
leave when the employee is unable to work because of a
serious health condition.
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To grant family and
temporary medical leave under certain circumstances.
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FMLA Compliance Guide for Employers
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The Family and Medical Leave Act
("FMLA") provides certain employees with up to 12
workweeks of unpaid, job-protected leave a year, and
requires group health benefits to be maintained during
the leave as if employees continued to work instead of
taking leave. This Compliance Guide summarizes
the FMLA provisions and regulations1,
and provides answers to the most frequently asked
questions. More detail on the FMLA may be found in the
regulations (29
CFR Part 825).
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Family and Medical Leave Act Advisor
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The Family and
Medical Leave Act (FMLA) Advisor provides information
about employee eligibility under FMLA; including valid
reasons for leave; employee/employer notification
responsibilities; and employee rights and benefits. This
Advisor was developed by the
Wage and Hour Division of the Employment Standards
Administration.
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Does FMLA Leave Have to be Taken All At
Once, or Can It Be Taken in Parts? -
FMLA leave may be taken ``intermittently or on a reduced
leave schedule'' under certain circumstances.
Intermittent leave is FMLA leave taken in separate
blocks of time due to a single qualifying reason. A
reduced leave schedule is a leave schedule that reduces
an employee's usual number of working hours per
workweek, or hours per workday. A reduced leave schedule
is a change in the employee's schedule for a
period of time, normally from full-time to part-time.
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Free Appropriate Education--The Supreme
Court's First Decision
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The United States
Supreme Court recently decided a case having significant
impact on the education of all children with
handicapping conditions. This case is Hendrick Hudson
School District v. Rowley, No. 80-1002 decided by
the Court on June 28, 1982. The Court agreed to decide
the question of whether a sign language interpreter was
necessary in order to provide Amy Rowley, a deaf
student, with a free appropriate education as required
under the Federal Education for all Handicapped Children
Act of 1975 (P.L 94-142). This is the first case the
Supreme Court has entertained concerning legal issues
arising out of this important law which guarantees a
"free appropriate education" to all children with
disabilities. Two questions were specifically addressed:
First, what is the practical meaning of the statute's
term appropriate education", and second, what is the
role of the state and federal courts in exercising the
judicial review granted under this law.
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Federal Statutes Affecting Special
Education -
Federal statutes which affect special education and how
long they have been in effect. We hope this will show
that your school has owed your child an appropriate
education, without discriminating on the basis of
disability, since long before your child even began
attending school.
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A Guide to Disability Rights Laws
- This
guide provides an overview of Federal civil rights laws
that ensure equal opportunity for people with
disabilities. To find out more about how these laws may
apply to you, contact the agencies and organizations
listed below.
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Public Law print of PL 107-110, the No
Child Left Behind Act of 2001
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Appendix A to the IDEA which implements
the 1997 IDEA Amendments
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When
Congress passed the 1997 IDEA Amendments, many of those
statements in Appendix C were placed into the statute
itself. But some additional issues had arisen from some
of the many judicial interpretations of the IEP
requirements. So in the 1999 IDEA Regulations, the old
Appendix C has been replaced by a new appendix --
Appendix A -- which is 40 questions and answers about
the IEP process.
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How to File A Discrimination Complaint with the Office
for Civil Rights
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Office for Civil Rights Discrimination
Complaint Form
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Office for Civil Rights Case Resolution Manual.
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(2001). This manual contains the procedures used by OCR
to investigate and resolve cases of alleged
discrimination.
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Ensuring Access, Equity, and Quality for Students with
Disabilities in School-to-Work Systems: A Guide to
Federal Law and Policies
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(1999). This pamphlet provides an overview of the legal
responsibilities of the Office for Civil Rights and how
they are carried out by resolving discrimination
complaints, conducting compliance reviews, and providing
technical assistance. There is also information on the
impact of the civil rights laws in improving educational
opportunities for students.
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Non-Discrimination in Employment Practices in Education.
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(Code No. 12) This pamphlet summarizes the employment
requirements under Title VI of the Civil Rights Act of
1964, Title IX of the Education Amendments of 1972, and
Section 504 of the Rehabilitation Act of 1973.
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Impact of the Civil Rights Laws.
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(1999). This pamphlet describes the impact of the civil
rights laws, and other efforts at the national, state,
and local level, in bringing about improved educational
opportunities for millions of students attending our
elementary and secondary schools and colleges and
universities.
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Notice of Non-Discrimination.
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(1999). This pamphlet describes the requirements for
education agencies to issue notice of their commitment
to operate programs in a manner free from
discrimination, clarifies the information that
recipients should include in non-discrimination notices,
and provides a sample notice statement.
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The Guidance Counselor's Role in Ensuring Equal
Educational Opportunity.
- (Code No. 23)
(1991). This pamphlet summarizes the requirements
pertaining to counseling practices contained in the
regulations implementing Title VI of the Civil Rights
Act of 1964, Title IX of Education Amendments of 1972,
and Section 504 of the Rehabilitation Act of 1973.
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Letter to Zirkel:
A
nationally recognized authority on special education law
in general, and Section 504 in particular, wrote the
federal Office for Civil Rights for an interpretation.
Their letter in response is referred to as Letter to
Zirkel and was signed by the chief officer for civil
rights in the U.S. Department of Education. The basic
question was whether there was a limit on what school
districts had to do, and had to spend, to meet the 504
rights of disabled students.
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1991 U. S. Dept. of Education Memo
Addressing Attention Deficit Disorder
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In
the 1990 Amendments to the IDEA, Congress added "autism"
and "traumatic brain injury" to the categories under the
IDEA. CHADD had lobbied very hard for "attention deficit
disorder/ attention deficit hyperactivity disorder" to
be added as a category under the IDEA. The U.S.
Department of Education convinced Congress that ADD/ADHD
did not have to be added because it was fully covered
under current law. The Congress required the U.S.
Department of Education to explain how.
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Joint Policy Memorandum (ADD); September
16, 1991
- While estimates of
the prevalence of ADD vary widely, we believe that three
to five percent of school-aged children may have
significant educational problems related to this
disorder. Because ADD has broad implications for
education as a whole, the Department believes it should
clarify State and local responsibility under Federal law
for addressing the needs of children with ADD in the
schools. Ensuring that these students are able to reach
their fullest potential is an inherent part of the
National education goals and AMERICA 2000. The National
goals, and the strategy for achieving them, are based on
the assumptions that...
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Free Appropriate Public Education for Students with
Disabilities: Requirements Under Section 504 of the
Rehabilitation Act of 1973. (1999)
- Section 504 of the
Rehabilitation Act of 1973 protects the rights of
individuals with disabilities in programs and activities
that receive federal funds.? Section 504 provides that:
"No otherwise qualified individual with a disability in
the United States . . . shall, solely by reason of her
or his disability, be excluded from the participation
in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving
Federal financial assistance...
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Student Placement in Elementary and
Secondary Schools and Section 504 and Title II of the
Americans with Disabilities Act.
(Code No. 19)
(1998). This publication explains Section 504 of the
Rehabilitation Act of 1973 and Title II of the Americans
With Disabilities Act and how they affect student
placement in elementary and secondary schools. It also
explains evaluation and placement procedures, the
educational setting, reevaluations, the individualized
education program, procedural safeguards, and
nonacademic services and activities.
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The Civil Rights of Students with Hidden Disabilities
Under Section 504 of the Rehabilitation Act of 1973.
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(Code No. 22) (1995). This pamphlet answers questions
about the civil rights of students with hidden
disabilities and the responsibilities of ED recipients.
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Federal Register, October 30, 1992, Part VI, Department
of Education,
Deaf Students
Education Services; Policy Guidance; Notice.
The
Department provides additional guidance about part B of
the Individuals with Disabilities Education Act (IDEA)
and section 504 of the Rehabilitation Act of 1973
(section 504) as they relate to the provision of
appropriate education service to students who are deaf.
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Students with Disabilities Preparing for Postsecondary
Education: Know Your Rights and Responsibilities
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This pamphlet contains information for high school
students with disabilities who plan to continue their
education in postsecondary schools.
(Requires
Adobe Acrobat Reader
)
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Auxiliary Aids and Services for Postsecondary Students
with Disabilities: Higher Education's Obligations Under
Section 504 and Title II of the ADA.
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(1998). This pamphlet reviews the obligations of higher
education institutions to serve students with
disabilities. This pamphlet also includes answers to
questions commonly asked by students and representatives
of postsecondary institutions.
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Federal Register, March 21, 1979,
Guidelines for Vocational Education Programs.
These guidelines explain the civil rights
responsibilities of recipients of Federal funds offering
or administering vocational education programs.
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Federal Register, Vol.
59, No. 47, March 10, 1994. U.S. Department of
Education/Office for Civil Rights.
Racial Harassment / OCR Investigative Guidance:
Racial Incidents and Harassment Against Students at
Educational Institutions; Investigative Guidance.
Investigative guidance on the procedures and analysis
that OCR staff will follow when investigating issues of
racial incidents and harassment against students at
educational institutions.
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Federal Register, March 13, 1997, Department of
Education, Office for Civil Rights:
Sexual Harassment Guidance: Harassment of Students by
School Employees, Other Students, or Third Parties.
The
Summary and Guidance provides educational institutions
with information regarding the standards that are used
by the OCR, and that institutions should use, to
investigate and resolve allegations of sexual harassment
of students engaged in by school employees, other
students (peers), or third parties.
(Requires
Adobe Acrobat Reader
)
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Statewide Assessments and Students with Disabilities:
Dear Colleague Letter
- The Individuals
with Disabilities Education Act (IDEA) Amendments of
1997 (Public Law No.105-17) gives the Individualized
Education Program (IEP) team the authority to select
individual accommodations and modifications in
administration needed for a child with a disability to
participate in State and district-wide assessments of
student achievement. If the IEP team determines that the
child will not participate in a particular State or
district-wide assessment of student achievement (or part
of an assessment), the IEP team states how the child
will be assessed. (Requires
Adobe Acrobat Reader
)
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Protecting Students from Harassment and Hate Crime: A
Guide for Schools.
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(1999). Published by the OCR in conjunction with the
National Association of Attorneys General, this document
provides step-by-step, practical guidance to help
schools respond to and prevent harassment and violence
against students because of their race, color, national
origin, sex, and disability. The Guide may also be of
assistance in protecting students from harassment and
violence based on sexual orientation, religion, or other
grounds that may be covered by state or local laws or
that schools recognize as particularly damaging to their
students.
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Protecting Students with Disabilities: Frequently Asked
Questions about Section 504 and the Education of
Children with Disabilities.
This set of FAQs was prepared by OCR in partnership with
the Wisconsin Department of Public Instruction and the
Wisconsin Council of Administrators of Special Services.
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Americans with Disabilities Education Act
(ADA)
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The Americans with Disabilities Act.-
(1991). Pamphlet, published by the Department of Justice
(DOJ), contains a brief overview of the Americans with
Disabilities Act and lists contact information.
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Commonly Asked Questions
About Child Care Centers and the Americans with
Disabilities Act
- A
13-page publication explaining how the requirements of
the ADA apply to Child Care Centers. The document also
describes some of the Department of Justice's ongoing
enforcement efforts in the child care area and it
provides a resource list on sources of information on
the ADA.
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Freedom of Information Act
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Serving Private School Students With
Federal Education Programs--A handbook for public and
private school educators--Office of Non-Public Education
U.S. Department of Education October 1996
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Board of Education v. Rowley - This case arose in connection
with the education of Amy Rowley, a deaf student at the
Furnace Woods School in the Hendrick Hudson Central
School District, Peekskill, N. Y. Amy has minimal
residual hearing and is an excellent lipreader. During
the year before she began attending Furnace Woods, a
meeting between her parents and school administrators
resulted in a decision to place her in a regular
kindergarten class in order to determine what
supplemental services would be necessary to her
education. Several members of the school
administration prepared for Amy's arrival by attending a
course in sign-language interpretation, and a teletype
machine was installed in the principal's office to
facilitate communication with her parents who are
also deaf. At the end of the trial period it was
determined that Amy should remain in the kindergarten
class, but that she should be provided with an FM
hearing aid which would amplify words spoken into a
wireless receiver by the teacher or fellow students
during certain classroom activities. Amy
successfully completed her kindergarten year. (Requires
Adobe Acrobat Reader
)
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Special Education Court Cases
(Reed Martin's
Site)
