ADA and 504 Compliance

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law prohibiting discrimination against students on the basis of disability in all programs and activities receiving federal financial assistance. The law confers students with disabilities with the right to a Free and Appropriate Public Education (FAPE).

The Americans with Disabilities Act (ADA) of 1990 is a federal civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the public. Both laws are established to ensure that people with disabilities have equal access to the school district’s programs as those without disabilities.

ADA has five different titles. The two that apply to public schools primarily are ADA, Title I pertaining to job applicants and employees, and ADA, Title II pertaining to the general public such as parent(s), visitors, and volunteers with disabilities. Title I of ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges. It also restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

Title II of the ADA requires state and local governments to give people with disabilities an equal opportunity to benefit from all their programs, services, and activities. State and local governments can’t deny people with disabilities the chance to participate or make them participate in different programs than available to others.

Employees requiring a workplace accommodation due to a mental or physical impairment that substantially limits a major life activity will be given consideration for an accommodation under Title I of ADA. It is the responsibility of the employee to make known and submit an ADA Request for Reasonable Accommodations. Immediate supervisors will, whenever possible, provide light duty opportunities to the employee so they may continue to work productively.

Please be advised MNPS shall not be required to create additional positions in order to facilitate light duty assignments. Title I of ADA requires that employees must be able to perform the essential duties of their job. Additionally, the ADA states that accommodations must be reasonable and doable in nature, unless such accommodation would impose an undue hardship on the employer. Reasonable accommodations include such actions as making worksites accessible, modifying, existing equipment, providing new devices, modifying work schedules, restructuring jobs, and providing readers or interpreters.

MNPS embraces every child and is committed to taking immediate action to eliminate any harassment, prevent its recurrence, and address its effects.

If a student believes he or she has been subjected to harassment on the basis of disability, the parent or student is encouraged to report the harassment to MNPS 504 Coordinator in accordance with the Section 504 Grievance Policy and Procedure.

Employees have the right to contact the enforcement agency, U.S. Equal Employment Opportunity Commission (EEOC), to resolve Title I concerns.

EEOC - Nashville Area Office
220 Athens Way
Suite 350
Nashville, TN 37228-9940
(800) 669-4000
Fax: (615) 736-2107

Complaints may be filed on the U.S. Department of Justice, Civil Rights Division website or by mail:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530