We train personnel to identify and resolve disability-related issues, primarily in the education context. Regulations implementing Titles I, II, and III of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Sec. 504) drive the focus. We also train your personnel to conduct investigations that are prompt, impartial, thorough, equitable, and reliable. Training addresses:
- Definitions and basics Disability discrimination generally (different treatment)
- Disability discrimination generally (different treatment)
- Identification, Evaluation, and Placement of students*
- Providing a FAPE (free appropriate public education)*
- Implementing and following a Sec. 504 Plan*
- Non-discrimination in extracurricular activities
- Disability harassment
- Distinctions between Sec. 504 and the IDEA*
- Severe allergies, episodic disabilities, and “temporary” disabilities
- Prompt and equitable grievance procedures
- When you provide “significant assistance” to outside entities
- Common compliance concerns & Retaliation
- Role of the ADA/Sec. 504 Coordinator
*Indicates issues unique to K-12 schools, districts, and charter schools.
ADA and Section 504 training for disability services personnel, faculty, staff, and students at post-secondary institutions is offered in several formats: Single (typically two-hour) general presentations, particularly focused on faculty understanding of the ADA and Section 504; Half-day, full-day, and extensive two-day seminars emphasize group interaction and scenario based exercises. Training experiences can include topics such as:
- Fundamentals of ADA/Sec. 504 Compliance
- Legal update—recent OCR letters and court decisions
- Hot button issues:
- Service and “Emotional Support” Animals
- Clinicals, internships, and courses abroad
- Compliant Grievance Procedures
- Serving veterans with disabilities
- Dealing with misconduct
- Documenting the disability
- Compliance conundrums:
- Principles of “reasonable” accommodation
- Undue burden
- “Academic” deference
- Fundamental alteration
- Direct threat and mental health issues
- “Effective communication” and EIT issues
- Integrated accessibility planning
- Physical accessibility
- The intersection of ADA/Sec. 504 and Title IX
EMFIG is committed to supporting schools and related entities as they strive to serve students with disabilities. Equitable treatment for all is the goal. Additionally, we offer mediation services for students, parents, schools, faculty members, and staff to resolve disputes arising from this complex area of law.
Our Guide:
- Treat everyone involved with dignity and respect.
- Assist each party in telling his or her side of the story
- Stay vigilant against conscious and unconscious bias
- Coordinate closely with the ADA/Sec. 504 Coordinator
- Ensure effective communication with all parties
- Recognize what we do not know – engage outside experts when necessary.
