Recently, OCR published a Dear Colleague letter and FAQs document that provides guidance on the ADA and Section 504 requirements for schools.  In the letter, OCR reiterates much of the guidance it issued in a March 2009 guidance document.  For example, the letter reminds schools districts that they may not consider mitigating measures (other than ordinary eyeglasses or contact lenses) when establishing if an impairment substantially limits one or more major life activities.  Also, OCR reiterated that, due to the broad definition of "disability" under the ADA Amendment Act, many students that did not qualify under Section 504 prior to January 1, 2009, may now qualify.

In the FAQs document, OCR: (1) addresses the broadened definition of disability and the changes made by the ADA Amendments Act; (2) discusses how the ADA Amendments Act affects Section 504; (3) explains various obligations of school districts under Section 504 and Title II; and (4) addresses how OCR evaluates compliance with Title II and Section 504 in light of the ADA Amendments Act.
You may access the Dear Colleague letter and FAQs document in the "Legal References/Guidance Documents in the Federal" section of this website.
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