Section 504 Amendment & School District Responsibilities Training
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Registration Closed.
Last Date to Register: 12/10/2009 12:01 AM
Last Date to Cancel: 12/10/2009 12:01 AM
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Presented by: Mary Gerbig, Attorney, Davis & Kuelthau
Registration begins at 9:00 am. The presentation will begin at 9:15 am.
Target Audience: Special Education Directors, Principals, Guidance Counselors, 504 Coordinators, School Psychologists and School Nurses.
On January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 became effective. This Act amended the Americans with Disabilities Act of 1990 (ADA), and also included a conforming amendment to the Rehabilitation Act of 1973. While the Act kept the definition of disability in Section 504 and the ADA, it also required a broader interpretation of the definition. Several key points of the amendment included:
- The ameliorating effects of mitigating measures should not involved when determining if an individual has a disability;
- Expanding the description of “major life activities” to include, but not be limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working;
- Expanding the description of “major bodily functions” to include, but not be limited to: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;
- Clarifying that any impairment that occurs episodically or goes into remission is a disability if it would limit a major life activity when active;
- Clarifying that transitory impairments with an expected duration of less than 6 months are considered minor and not included; and
Clarifying the meaning of individuals “regarded as” having a disability who may not be entitled to reasonable accommodations or modifications.
All public school districts are covered by Section 504 because they are recipients of some federal financial assistance. The law protects students, parents, and district employees from discrimination, and it includes academics, extracurricular activities, academics, and program accessibility. Is your district compliant with the new Section 504 regulations? Attendance at this presentation will provide you with the knowledge and resources necessary to answer this question.
A significant portion of the morning will be devoted to a question and answer period, and guests are encouraged to submit question for consideration by Att. Gerbig to CESA 5 prior to this presentation. Mary Gerbig serves as counsel to numerous school districts throughout Wisconsin on general school law, special education, and labor and employment matters. She provides counsel to private and public sector employers on labor and employment matters such as contract negotiations, grievance procedures, hiring/terminating employees, family and medical leave laws, Americans with Disabilities Act, harassment and employment discrimination. The primary client base she serves includes school districts, counties and other municipal employers. In addition, Mary provides counsel to private employers related to state and federal discrimination laws, family medical leave, and numerous employment/human resource issues. She has extensive experience with Wisconsin school districts and the correlating regulatory agencies.