Civic Welfare Training Program Activities Template' title='Civic Welfare Training Program Activities Template' />Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online.Easily share your publications and get.Section 5. 04 of the Rehabilitation Act.Section 5. 04 of the Rehabilitation Act of 1.Pub. L. No. 9. 3 1.Stat. 3. 94 Sept.U. S. C. 7. 01 et seq., is Americanlegislation that guarantees certain rights to people with disabilities.It was one of the first U.S. federal civil rights laws offering protection for people with disabilities.It set precedents for subsequent legislation for people with disabilities, including the Virginians with Disabilities Act in 1.Americans with Disabilities Act in 1.Summary of the SectioneditSection 5.No otherwise qualified individual with a disability in the United States, as defined in section 7.Executive agency or by the United States Postal Service.It is codified as 2.U. S. C. 7. 94. 2As amended in 1.Section 1. 11, Pub L.Stat. 1. 61. 9 Dec.Individuals with Disabilities are Any person who a has a physical or mental impairment which substantially limits one or more of such persons major life activities, b has a record of such an impairment, or c is regarded as having such an impairmentwhere.Major life activities include caring for ones self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning.However, For purposes of employment, Qualified Individuals with Disabilities must also meet normal and essential eligibility requirements, such that For purposes of employment, Qualified Individuals with Disabilities are persons who, with Reasonable Accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform.Reasonable Accommodation means an employer is required to take reasonable steps to accommodate ones disability unless it would cause the employer undue hardship.That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job for which they would be hired.The United States Department of Labor also indicates that Small Providers do not have to make significant structural alterations to their existing facilities to accommodate individuals with disabilities.The ADA Americans With Disabilities Act was passed in 1.Rehabilitation Act left off.Borrowing from the 5.ADA applied those standards to most private sector businesses, and sought to eliminate barriers to disabled access in buildings, transportation, and communication.To a large degree, the passage of the ADA supplants the employment provisions of 5.ImplicationseditSection 5.If an organization receives federal support of any kind, even if the organization is not a federal or state organization, the organization must comply with Section 5.For example, airports in the United States can be at least partially funded by grants from federal and state governments, thus must be compliant.In many communities, public libraries receive federal financial assistance, directly or indirectly, so they must comply as well.Airports and public libraries became accessible according to Section 5.Section 5. 04. Requirements for educational programseditHigher educationeditThe intention of Section 5.Section 5. 04 was the first national civil rights legislation that provided equal access for students with disabilities to higher education institutions receiving federal financial assistance.Both public and private colleges and universities supported by federal grants and funding programs must comply with Section 5.The common way higher education institutions are linked to federal funds is through the federal student aid programs.Initially, colleges, universities, and community colleges complied with the regulations imposed by Section 5.Higher education institutions are required to make their programs accessible to qualified students with disabilities.Qualified students with disabilities are determined by the admissions criteria of the individual higher education institution.Students wishing to receive accommodations must initiate the process, which varies per higher education institution.This process largely subscribes to the medical model of disability, as many higher education institutions require medical documentation of diagnosis and functioning regarding the disability during the accommodation application process.These colleges and universities are required to make reasonable accommodations for students with disabilities who attend their institutions.K1. 2 schoolseditThe law also pertains to any local educational agency as defined in section 8.Title 2. 0, system of vocational education, or other school system.As applied to K1.Although the Individuals with Disabilities Education Act IDEA also applies to K 1.IDEA does not mean the Rehabilitation Act is superfluous.IDEA only protects a subset of children and youth who have disabilitiesthose who satisfy its definition for child with a disability.The definition of disability under Section 5.Individuals with Disabilities Education Act, so some children who do not meet the IDEA definition of disability are served under Section 5.Section 5. 04 requires school districts to provide Free Appropriate Public Education FAPE to children with disabilities, who may benefit from public education, within the individual districts jurisdiction.Regardless of the childs disability, the school district must identify the childs educational needs and provide any regular or special education to satisfy the childs educational needs just as well as it does for the children without disabilities.This may be accomplished by developing an education plan for the child.When done so under Section 5.Rehabilitation Act, it is referred to as a 5.This 5. 04 plan covers accommodations, services, and support the child will be receiving in order to have access to education at school.A 5. 04 plan is different and less detailed than an Individualized Education Program IEPs.Section 5. 04 supports rights for students for needs outside of the school day, such as extracurricular activities, sports, and after school care, because Section 5.While the process for accommodating students varies per institution, schools generally comply with Section 5.If the students are eligible, they create a written accommodation plan, often called a 5.Plan. It is similar to, but often shorter than, the IDEA Individualized Education Program IEP.Parents, teachers, and school staff are a part of the process.Parents have due process rights where they disagree with the determinations of the school, they have a right to an impartial hearing.Violations of Section 5.Office for Civil Rights OCR of the U.S. Department of Education.Violations of Section 5.According to the Department1.Sec. 5. 04. Thus, Section 5.OCR. IDEA is carried out by another unit of the Department, the Office of Special Education Programs OSEP.Section 5. 04 covers extracurricular and after school programs such as sports, music lessons, and afterschool care.C. F. R. 1. 04. The Department of Education Office of Civil Rights has determined that Section 5.Playgrounds Hazelton Pennsylvania Area School District, 1.EHLR 9. 07 OCR, March 7, 1.San Francisco California Unified Sch.Dist., 2. 3 IDELR 1.OCR, November 2. 6, 1.Mill Valley CA Elementary Sch.Dist., 2. 3 IDELR 1.OCR, October 1. 0, 1.Band programs Akron Ohio City Sch., 1. How To Download Gt5 Dlc . IDELR 7. 93 OCR, January 1.Special programs and assemblies Whitman Hanson Massachusetts Regional Sch.Dist., 2. 0 IDELR 7.OCR, August 1. 9, 1.Atlanta Georgia Pub.Sch., 1. 6 EHLR 1.OCR, January 9, 1.Field trips and off site programs Ontario Mont.Clair California Unified Sch.Dist., 2. 4 IDELR 7.OCR, February 7, 1.Elk Grove California Unified Sch.Dist., 2. 1 IDELR 9.OCR, August 1, 1.Clubs Colquitt County Georgia Sch.Dist., 2. 5 IDELR 2.OCR, June 6, 1. 99.South Central Indiana Area Special Educ.Coop., 1. 7 EHLR 2.September 2. 5, 1.Afterschool and summer programs Clayton Missouri Sch.Dist., 1. 6 EHLR 7.OCR, March 1. 6, 1.Conejo Valley California Unified Sch.Dist., 2. 3 IDELR 4.OCR, June 2. 8, 1.Graduation Aldine Texas Indep.Sch. Dist., 1. 6 EHLR 1.OCR, July 1. 2, 1.Late bus transportation Carmel Cent.New York Sch. Dist., 2.IDELR 1. 17. 7 OCR, September 3.Rights under Section 5.Although not in the text of the statute, courts have held that individuals have a private right of action under Section 5.While punitive damages are not available, compensatory damages are available to plaintiffs.
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