Showing posts with label Addressing Social Issues. Show all posts
Showing posts with label Addressing Social Issues. Show all posts

Saturday, April 5, 2025

Five Essential Skill Sets for Middle and High School Students During Uncertain Times

Future-Proofing Their School Success—Now and After Graduation


Listen to a summary and analysis of this Blog on the Improving Education Today: The Deep Dive podcast on Spotify.

     Hosted by popular AI Educators Angela Jones and Davey Johnson, they provide enlightening perspectives on the implications of this Blog for all of Education.

[CLICK HERE to Listen to this Popular Podcast]

(Follow this bi-monthly Podcast to receive automatic e-mail notices with each NEW episode!)

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[CLICK HERE to read this Blog on the Project ACHIEVE Webpage]

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Dear Colleagues,

Introduction

   I am currently serving as an Expert Witness in a Federal Court case involving a middle school student with a disability who has basically “given up” and is no longer paying attention in class, participating in group assignments, or completing her homework.

   As a practicing psychologist and school psychologist for over 40 years, I have “seen this movie” countless times before.

   And since the pandemic ended—now almost four years ago—I hear the same concerns from teachers and other educators about many similar students nationwide. . . and, especially, many who are “typical” learners.

   Indeed, a nationally-representative survey of 1,268 teachers, principals, and district leaders by the Education Week Research Center last month indicated that:

·       82% of the teachers said students have become less independent than students from a decade ago—with 68% of the surveyed school leaders, and 55% of the district leaders agreeing; and 

·       Students’ declining ability to direct their own learning and advocate for themselves is hurting their academic achievement and could hurt their future employability.

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   As usual. . . without looking at the many root causes underlying students’ disengagement or lack of motivation—for example, missing independence or self-efficacy skills, digital technology or social media-dependence, learned helplessness or negative expectations, helicopter or similarly disengaged parents, and the like. . .

. . . everyone seems to have a recommendation on what to do.

   And yet, many of these suggestions are too global.

   They are focusing on big-picture systemic, curricular, and teacher-instructional changes, and not on the incisive changes that are really needed. . . those directly involving the students, how they are trained, and how they are held accountable (and self-accountable).

   Metaphorically, schools are using hacksaws when they need to be using scalpels.

   More critically, few schools are asking the students themselves what is going on, and what they need to become more responsible, responsive, and self-reliant.

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Today’s Blog

   My last Blog discussed the “Essential Strategies for School Leaders during Uncertain Times.”

[CLICK HERE to REVIEW this Blog]

[CLICK HERE to LISTEN to the Podcast Version]

   In this Blog, we will discuss the future-proofing “Skill Sets” that middle and high school students need to be successful academically and socially “during uncertain times.”

   Critically, these Skill Sets will not focus on academic skills. Instead, we will describe the underlying “meta-skills” that facilitate students’ learning and mastery of their academic skills.

   And while these Skill Sets are important at the middle and high school levels, students necessarily begin to learn them during their elementary school years. . . both in school and at home.

   Finally. . . the “uncertain times” addressed in this Blog are less prompted by the state of education in our country right now, and more by the fact that the path through middle and high school to graduation is an “uncertain” one for most students given their curvilinear “journey” through adolescence.

   As such, the Skill Sets below help students navigate the curves—preparing them both for today’s and tomorrow’s successes.

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 The Five Skills Sets to Future-Proof Students’ Success

   Students’ middle and high school years present unique opportunities and challenges as they pass through increasingly complex academic and social demands while experiencing significant physical, cognitive, and emotional changes.

   Long-standing and contemporary research shows that integrating cognitive and metacognitive, organizational and self-management, social and interpersonal, health and mental health, and self-awareness and self-efficacy skill sets create a comprehensive infrastructure that supports adolescent development and students’ academic and social success.

   These findings are particularly robust across diverse student populations. Thus, they provide an important starting point for all schools.

   The five research-to-practice Skill Sets described below are:

·       Skill Set #1. Goal-Setting, Active Learning, and Metacognition Skills

·       Skill Set #2. Time Management, Organization, and Study Skills

·       Skill Set #3. Interpersonal, Communication, Networking, and Collaborative Learning Skills

·       Skill Set #4. Stress Management, Self-Care, and Emotional Resilience Skills

·       Skill Set #5. Self-Awareness, Self-Evaluation, Self-Efficacy, and Self-Accountability Skills

   These five Skill Sets are most successfully taught and best applied when integrated systematically across the curricula and culture in a school, when used consistently by all educators and students, and when supported by students’ different peer groups and their parents.

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Skill Set #1. Goal-Setting, Active Learning, and Metacognition Skills

   Goal-Setting. Research highlights the importance of goal-setting in education. Studies show that students who know how to set realistic and attainable short- and long-term goals demonstrate more ownership and agency over their learning, higher levels of motivation and self-management, and more successful academic and social successes.

   But goal-setting is a learned skill that requires ongoing instruction, modeling, practice, feedback, and application across time, settings, and the wide variety of academic and extra-curricular situations in a school.

   One popular and frequently used approach to goal-setting involves the use of  SMART (Specific, Measurable, Achievable, Relevant, and Time-bound) goals.

   When students learn, write out, and use SMART academic and social, emotional, and behavioral goals, they have an explicit plan that identifies their desired outcomes, the steps and behaviors needed to attain them, and the ways to evaluate their success. Because the plan identifies the skills and interactions needed to attain their goals, it enhances students’ confidence and motivation, maximizing their probability for success.

   Active Learning. Successful students don't just passively absorb information—they need to actively engage it. Using their SMART goals, successful students recognize that learning is about trying new things, making and correcting “mistakes,” and not worrying about immediate success or perfection.

   These attributes need to be continuously reinforced by teachers during all instruction and learning processes. And they need to be a conscious part of how student learning is formatively and summatively evaluated.

   In the end, students learn best when they have positively practiced their skills to a level of automaticity. This involves their active participation. . . something that cannot be circumvented or faked. Practice opportunities need to be built-into all learning activities, and students need to be accountable for their active engagement and involvement.

   Metacognitive Skills. Metacognitive strategies help students understand how they learn best, how to take control of their own learning, and how to monitor their own progress.

   Students benefit from regularly asking themselves questions like: "What do I already know about this topic?" "What am I still confused about?" and "How can I approach this problem differently?"

   These self-reflection and self-quizzing practices—when used over time—build deeper understanding and longer-lasting retention of new or complex material while also fostering independence.

   Other metacognitive techniques—like creating concept maps and teaching material to someone else—are far more effective than passively highlighting or re-reading text(s).

   When students learn to evaluate their own understanding, they develop the self-awareness needed for long-term academic success. In fact, recent research has demonstrated that explicit metacognitive prompts used during problem-solving significantly improved secondary students' performance, particularly for those who initially struggled with the material.

   Many metacognitive strategies are embedded in the Five Skills Sets described in this Blog. Here are a few more examples:

·        Planning and Time Management

 

Setting clear goals before starting a task (e.g., "What do I want to accomplish?").

 

Previewing material or outlining key points before diving into a lesson or reading.

 

Breaking down tasks into smaller, manageable chunks.

 

Allocating specific time for study sessions and sticking to it.

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·        Prior Knowledge Activation and Self-Questioning

 

Reflecting on what they already know and connecting it with new information.

 

Asking questions like "What do I already know about this topic?" and "What do I still need to learn?"

 

Actively asking "why," "how," and "what if" questions to deepen understanding.

 

Participating in discussions to clarify concepts.

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·        Organizing Information and Monitoring


Using tools like graphic organizers, concept maps, or outlines.


Highlighting or annotating key points while reading.


Asking themselves questions while learning (e.g., "Does this make sense?").


Checking their own understanding and adjusting strategies if needed.


Using self-testing or quizzes to gauge retention.

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·        Summarization and Adopting Multiple Perspectives


Summarizing lessons or readings in their own words to solidify understanding.


Considering different approaches to solve a problem or alternate interpretations of material.

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·        Error Analysis and Using Mnemonics


Identifying patterns in their mistakes (e.g., "Do I always miscalculate fractions?") and strategizing ways to address them.


Employing memory aids like acronyms, rhymes, or visualization techniques to remember information.

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·        Utilizing Feedback and Evaluation

 

Actively seeking out and applying constructive feedback to improve performance

 

Reflecting on what worked well and what didn’t after completing a task.

 

Reviewing mistakes and analyzing how to avoid them in the future.

 

Keeping a journal to track progress over time.

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·        Goal Adjustment


Revising goals if they prove too easy or too challenging to ensure optimal growth and engagement.

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·        Teaching Others


Explaining concepts to a peer or family member to reinforce their understanding.

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Skill Set #2. Time Management, Organization, and Study Skills

   Time Management and Organization. As students’ coursework increases in depth, breadth, and complexity, strong time management and organizational skills become critical. Students need systematic approaches to manage homework, projects, and exams across multiple subjects. Indeed, teaching students to prioritize tasks and realistically estimate time and work requirements gives them greater control over their success.

  More specifically, digital or paper planners, structured study schedules, and breaking large assignments into manageable tasks help all students avoid last-minute cramming—reducing their anxiety, and increasing the quality of their learning.

   Regular weekly planning sessions where students review upcoming deadlines and set specific goals have also been shown to significantly reduce their stress levels while improving their academic outcomes.

   Study Skills. As above, structured study routines and effective study skills are the cornerstones to middle and high school students’ academic success.

   Students need to learn and use—independently over time—techniques such as time-blocking, active reading, note-taking, and mnemonic and rehearsal strategies. Providing students with periodic workshops or classroom training sessions on these skills can empower them to take ownership of their academic responsibilities—encouraging them to study on a consistent schedule in distraction-free spaces.

   All of these strategies are backed by research that has demonstrated that:

·        Goal-setting interventions incorporating specific implementation plans and progress monitoring lead to significant improvements in GPA and course completion rates among secondary students.

 

·        Digital planning tools combined with self-monitoring protocols improve both academic performance and self-efficacy among high school students, with particularly strong effects for students with executive functioning challenges.

 

·        Early adolescents who develop strong time management skills and structured homework routines show better academic outcomes and lower school-related stress and procrastination.

 

·        Organization and time management skills more strongly predict adolescent students’ academic performance than their IQ.

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Skill Set #3. Interpersonal, Communication, Networking, and Collaborative Learning Skills

   Adult and peer relationships become increasingly complex for middle and high school students. Explicit instruction in social, interpersonal, and collaboration skills like active listening, following directions, asking for help, accepting constructive feedback, and respectful disagreement prepares students to work successfully in project-based workgroups and to engage competently in other, non-academic social interactions.

   Systematically teaching students how to collaborate in dyads and small groups—where they learn to communicate, participate, make decisions, and take on specific academic and group process roles—builds students’ confidence, self-efficacy, and academic proficiency. This instruction includes explicitly teaching prosocial scripts and behaviors, providing role-playing exercises and opportunities, and participating in alternative-perspective-taking discussions and conflict resolution simulations.

   Research in this area shows significantly positive effects when students learn structured collaborative and cooperative learning approaches, along with social skill and peer-assisted learning strategies. These effects include increases in academic engagement and achievement, social competence and psychological health, positive peer relationships and classroom discipline, and higher graduation rates.

   Communication Skills. Communication skills are integral to student success. Research demonstrates that students with strong communication skills—including active listening, understanding nonverbal cues, and expressing ideas clearly—are better equipped to build relationships and advocate for themselves.

   This, once again, involves explicit skill instruction, and creating opportunities for students to practice their skills in structured group discussions, presentations, and collaborative project reports. Ultimately, these skills contribute to higher levels of student engagement, confidence, motivation, and leadership in academic and other school settings.

   In the end, collaborative learning environments and positive teacher-student and student-peer relationships create a sense of belonging for students, and establish positive classroom and school climates. This results in higher attendance, classroom engagement, student learning, grades, and school satisfaction.

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Skill Set #4. Stress Management, Self-Care, and Emotional Resilience Skills

   Adolescents face unprecedented pressures that can impact both their mental health and academic performance. Teaching practical stress management techniques that address emotional awareness, control, communication, and coping skills/resilience—including deep breathing, relaxation, and positive self-talk—give students the tools to regulate their emotions during challenging situations.

   Complementing this skill instruction should be discussions that help students understand the connections between health, mental health, wellness, and self-care—specifically, sleep, nutrition, exercise, drugs and alcohol, risky behaviors, burnout, peer pressure, and controlling the screentime on their smart phones and computers.

   Establishing regular check-in routines where students assess their current stress levels and identify specific self-care actions promotes their emotional awareness, the prevention of emotional challenges “down the road,” and the use of proactive coping strategies.

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Skill Set #5. Self-Awareness, Self-Evaluation, Self-Efficacy, and Self-Accountability Skills

   A middle or high school student’s belief that (a) skills and proficiencies can be developed through dedication and hard work, and that (b) she or he is willing and able to invest that time and effort is particularly important during adolescence. Similarly, students’ ability to view “mistakes” as learning opportunities that can be corrected through self-evaluation, revisiting the task, and persistence are likely to develop resilience and self-efficacy.

   All of these characteristics and attributes develop over time through mentoring, peer support, self-awareness, self-talk, and a belief in oneself and one’s capacity for growth.

   Adolescents develop this self-efficacy through a combination of experiences, support systems, and personal reflections.

   Some of key pathways that lead to this outcome include:

·       Mastery Experiences: Success in tasks, whether academic, athletic, or creative, builds a sense of competence. Overcoming challenges reinforces the belief that effort leads to achievement.

·       Social Modeling: Observing peers, mentors, or role models who succeed in similar tasks inspires adolescents to believe they can succeed too. Role models who overcome adversity are particularly impactful.

·       Social Persuasion: Encouragement and positive reinforcement from parents, teachers, friends, and coaches boost self-confidence. Constructive feedback helps adolescents learn to trust their abilities.

·       Emotional Self-Management: Managing stress and emotions plays a big role. When adolescents learn techniques to stay calm and focused during challenges, they build resilience and self-efficacy.

·       Opportunity to Make Choices: Encouraging autonomy and decision-making fosters a sense of control, which strengthens self-efficacy.

·       Exposure to Varied Experiences: Trying new activities or taking risks (in safe environments) helps adolescents explore their capabilities and expand their confidence.

   In the end, adolescents’ positive attributions regarding their skills and success are an essential ingredient within this Skill Set. These cognitive-behavioral attributions include their attitudes, beliefs, expectations, interpretations, self-statements, and conclusions regarding their performance in different situations.

   Critically—as with many of the skills and behaviors discussed throughout these five Skill Sets—these self-perspectives and self-statements can be learned.

   All of this weighs into students’ self-efficacy, and their decision to hold themselves accountable for both their successes and their missteps.

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Summary

   In this Blog, we discussed the future-proofing “Skill Sets” that middle and high school students need to be successful academically and socially during uncertain times. The Skill Sets focused on the “meta-skills” that facilitate students’ learning and mastery of their academic skills. And the “uncertain times” reflect the fact that the path through middle and high school to graduation is often uncertain and unpredictable for many adolescents.

   Five research-to-practice Skill Sets were described:

·       Skill Set #1. Goal-Setting, Active Learning, and Metacognition Skills

·       Skill Set #2. Time Management, Organization, and Study Skills

·       Skill Set #3. Interpersonal, Communication, Networking, and Collaborative Learning Skills

·       Skill Set #4. Stress Management, Self-Care, and Emotional Resilience Skills

·       Skill Set #5. Self-Awareness, Self-Evaluation, Self-Efficacy, and Self-Accountability Skills

   The behaviors and interactions within these five Skill Sets are best attained when they are systematically taught and applied across the curriculum, and when they are consistently used and supported by all educators and students.

   Students’ middle and high school years present unique opportunities and challenges as they pass through increasingly complex academic and social demands while experiencing significant physical, cognitive, and emotional changes.

   Long-standing and contemporary research shows that integrating cognitive and metacognitive, organizational and self-management, social and interpersonal, health and mental health, and self-awareness and self-efficacy skill sets create the infrastructure that supports adolescents through their middle and high school years as related to their academic and social success.

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The “Improving Education Today” Podcast: A New Professional Development Resource Complementing this Blog

   This past January, we announced a new partnership and resource for you.

   The partnership is with popular AI Educators, Davey Johnson and Angela Jones. . . and the resource is their Podcast:

Improving Education Today: The Deep Dive 

   For each published bimonthly Blog, Davey and Angela summarize and analyze the Blog in their free-wheeling and “no-holds-barred” Podcast. . . addressing the topic’s importance to “education today,” and discussing their recommendations on how to apply the information so that all students, staff, and schools benefit.

   You can find the Podcast that accompanies this Blog message at the following link:

Improving Education Today: The Deep Dive | Podcast on Spotify

   Davey and Angela have also created a Podcast Archive consisting of all of this year’s Blog (Volume 3), as well as those from 2024 (Volume 2), and 2023 (Volume 1).

   The Podcasts are posted on Spotify, and you can “Follow” the Podcast Series so that you will be automatically notified whenever a new Podcast is posted.

   Many districts and schools are using the Podcasts in their Leadership Teams and/or PLCs to keep everyone abreast of new issues and research in education, and to stimulate important discussions and decisions regarding the best ways to enhance student, staff, and school outcomes.

   If you would like to follow a Podcast up with a free one-hour consultation with me, just contact me and we will get it on our schedules.

   I hope to hear from you soon.

Best,

Howie

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[CLICK HERE to read this Blog on the Project ACHIEVE Webpage]

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[To listen to a synopsis and analysis of this Blog on the “Improving Education Today: The Deep Dive” podcast on Spotify: CLICK HERE]

Saturday, February 22, 2025

Repelling a Wolf Attack on Section 504 of the Rehabilitation Act of 1973

Protecting Everyone When Chance Events Result in Life-Defining Disabilities

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Listen to a summary and analysis of this Blog on the Improving Education Today: The Deep Dive podcast on Spotify.

     Hosted by popular AI Educators Angela Jones and Davey Johnson, they provide enlightening perspectives on the implications of this Blog for all of Education.

[CLICK HERE to Listen to this Popular Podcast]

(Follow this bi-monthly Podcast to receive automatic e-mail notices with each NEW episode!)

 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

[CLICK HERE to read this Blog on the Project ACHIEVE Webpage]

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Dear Colleagues,

Introduction: The Pervasive Impact of Chance

   One of my bigger professional roles lately has been as an Expert Witness on federal and other court cases involving school law, special education and disability rights, Title IX and harassment, and situations related to child and adolescent development and mental health.

   I have also supported clients whose children have been involved in car accidents or medical procedures that have gone wrong. . . connecting these events to their impact on the children’s learning, social interactions, intervention needs, and post-graduation futures.

   As the facts emerge in these latter cases, you realize how “chance events” can significantly impact children and adolescents, and how their entire lives can be dictated by situations that they did not ask for or that were out of control.

   I have also been confronted by:

·        The limits of my, and others’, expertise;

·        The fact that no medical treatment is guaranteed to be successful; and 

·        That no one can perfectly predict what a child will actually be capable of— for example, socially, academically, or vocationally—in ten or more years when they enter their early-adult lives.

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   Significantly, the impact of chance is pervasive.

   For example, I have testified in cases where:

·        A collision reconstruction expert demonstrated that if—by chance—one of the drivers in a horrific collision had braked instead of unsuccessfully turning to avoid the other car, the accident would not have occurred. . . and the occupants would not have been harmed.

·        A student with significant academic needs “lost” another year of quality instruction (the first was during the pandemic) when his certified teacher resigned—by chance—in October, leaving him to be “taught’ by a series of unqualified substitute teachers for the rest of the school year.

·        A medical condition. . . that most children recover from with no long-term impact. . . conjoined—by chance—with a child’s hidden genetic predisposition, resulting in an intensification of the condition and devastating academic and mental health outcomes. 

·        A poor parent decision. . . largely due to her limited educational background and—by chance—life in poverty. . . resulted in her child missing critical early intervention services that could have significantly resolved many of his school and schooling needs (and the legal claims).

   Two extended themes, here, are apparent.

   First: Life is a probability. Unpredictable events happen in all of our lives, and some events negatively affect our lives for the rest of our lives.

   You have the right to blame someone who was present when an unpredictable event occurred (e.g., a doctor or the “other” driver in a car crash), and sue them. . . but “bad things sometimes happen to good people.”

   Second: When litigating a case in Court, many of the rules that we live our “regular” lives by do not apply.

   Critically, in a court case about education and law, decisions are based on law, and not about education. Court cases involving schools are tried in court. . . the Court retains a procedural “home court” advantage throughout; and the Judge is a judge, not a Principal or Superintendent.

   Moreover, the legal system is not about fairness or empathy or what “should have logically happened”. . . it is about (a) lawyers’ legal knowledge and strategies; (b) the application of case law and previous legal decisions and precedents; and (c) judges’ or juries’ analyses of the case and interpretation of law.

   Said a different way, any Plaintiff bringing a case to court is taking a calculated risk.

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Disability Law: The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973

   Two federal laws protect virtually all Americans from chance. . .

. . . specifically, from the chance of being born with, acquiring, or experiencing a disability.

   These “birth to death” civil rights laws are Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA; 1990).

   Signed into law on September 26, 1973 by President Richard Nixon, Section 504 prohibits discrimination on the basis of a disability by public or private programs that receive federal funds. This includes public schools, colleges, and universities.

   As such, the law ensures that students with disabilities have equal access to education, providing—as needed—accommodations, modifications, and supports.

   Section 504 also covers employment, focusing again on employers who receive federal funds—requiring them to provide reasonable accommodations to employees with disabilities.

   Signed into law on July 26, 1990 by President George H.W. Bush, the ADA has a broader scope than Section 504. It applies to all aspects of life in both the public and private sectors.

   Covering employment, transportation, public services and access, state and local government services, and telecommunications, the ADA makes it unlawful to discriminate against a qualified individual with a disability.

   Title I of the ADA addresses employment, requiring employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities, unless it causes undue hardship.

   Title III of the ADA covers public accommodations and services operated by private entities, such as restaurants, hotels, and theaters, ensuring access and non-discrimination.

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Using Section 504 as an Expert Witness

   Relative to my Kindergarten through Grade 12 Expert Witness cases, I—along with most K through 12 districts—have a much higher probability of using Section 504 than ADA.

   So, let’s do a deep dive and provide some additional information on this law.

Section 504 of the Rehabilitation Act of 1973, as noted, is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. This includes schools, hospitals, and other public services that receive federal funds.

 

The law ensures that people with disabilities have equal access to education, healthcare, and other services, and that they are not excluded from or denied the benefits (such as access to learning) of any program or activity that, as noted earlier, receives federal funding.


In May 2024 (implemented in July 2024), the U.S. Department of Health and Human Services (HHS) updated the rules under Section 504 to provide stronger protections. For example, they now include requirements for schools to provide students with disabilities accessible websites, mobile applications, and other digital platforms; and for hospitals to provide sign language interpreters and accessible medical equipment.

 

These updates also better aligned Section 504 with the ADA.

 

Significantly, Section 504 adopted—with the addition of long COVID and a broader range of impairments—the ADA’s 2008 amended definition of “disability.” Impairments include those that are both chronic and temporary.

 

Section 504’s definition of a disability continues to be broad as its goal is to ensure that individuals with disabilities receive the protections they need.

 

Section 504 defines disability as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.”

 

The May 2024 update continues to define “major life activities” as in previous versions, but some clarifications and expansions were made to ensure consistency with the ADA. The Life Activities that apply—regardless of age—include: Caring for oneself, Walking, Seeing, Hearing, Speaking, Breathing, Working, Performing manual tasks, Learning, Concentrating, and Eating.

 

For school-aged students, Section 504’s major life activities include those listed above, as well as those essential for daily functioning and participation in the school and schooling process and environment. Additional activities, therefore, include: Thinking, Reading, Writing, and Communicating.

 

Eligibility assessments determine if a student has a disability that substantially limits one or more of these functions and needs accommodations or supports under Section 504.

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Moving On: For students, Section 504 ensures that individuals with disabilities receive equal access to education and other services. Some examples of disabilities that qualify under Section 504:

 

·     Learning disabilities (e.g., dyslexia, ADHD)

·     Mental health conditions (e.g., anxiety, depression)

·     Chronic illnesses (e.g., asthma, diabetes, epilepsy)

·     Physical impairments (e.g., mobility impairments, missing limbs)

·     Sensory impairments (e.g., vision or hearing problems)

 

These conditions must significantly limit one or more major life activities, such as learning, working, or communicating.

 

For adults, some Section 504 disabilities might include: 

·        Mental Health Conditions: Conditions such as anxiety disorders, depression, bipolar disorder, and PTSD.

·        Chronic Illnesses: Conditions like diabetes, arthritis, multiple sclerosis, and chronic fatigue syndrome.

·        Physical Impairments: Mobility impairments, arthritis, spinal cord injuries, or missing limbs.

·        Sensory Impairments: Vision impairments (including blindness), hearing impairments (including deafness), or speech impairments.

·        Neurological Disorders: Conditions like epilepsy, migraine headaches, or traumatic brain injury (TBI).

These conditions must significantly limit one or more major life activities, such as working, walking, seeing, hearing, or caring for oneself.

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Section 504 provides several key protections for individuals with disabilities.

Among the main protections for students are:

 

Reasonable Accommodations: Schools and other entities must provide reasonable accommodations to ensure that individuals with disabilities have equal access to their programs and activities. This can include things like providing extra time on tests, offering sign language interpreters, or making buildings accessible. Past “model” 504 Accommodation manuals included those from the Colorado and Ohio State Departments of Education, and from the Council of the Chief State School Officers (CSSO).

 

504 Plans: For students with disabilities, Section 504 requires the development of 504 Plans that outline the specific accommodations and support services needed to help them succeed in school. For students with special education IEPs, needed accommodations are written into these Individual Education Plans.

 

Accessibility: Entities must ensure that their facilities and services are accessible to individuals with disabilities. This can include making physical modifications to buildings, providing accessible medical equipment, and ensuring that websites and digital content are accessible.

 

Equal Opportunity: Section 504 ensures that individuals with disabilities have the same opportunities to participate in programs and activities as those without disabilities. Accommodations are the primary vehicle toward ensuring that students with disabilities have equal access to educational programs, learning opportunities, and extracurricular activities.

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Section 504 provides protections for adults in various settings, including employment, education, and access to public services. These protections ensure that adults with disabilities are not discriminated against, and have equal opportunities to participate in programs and activities that receive federal funds.

 

Among the main 504 protections for adults are:

 

Employment: At their employment sites, adults with qualifying disabilities must receive reasonable accommodations from their employers to include modifications to the work environment, flexible work schedules, or assistive technology.

 

Education: Adults with disabilities have the right to access educational programs and services. This includes accommodations in higher education institutions and vocational training programs.

 

Public Services: Public services, such as transportation and healthcare, must be accessible to individuals with disabilities. This can include providing accessible medical equipment, sign language interpreters, and ensuring that facilities are physically accessible.

 

These protections help ensure that adults with disabilities can fully participate in society and access the same opportunities as those without disabilities.

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A Current Legal Wolf Attack on Section 504

   In September 2024, just months after the July 2024 implementation of the revised Section 504 rules, the Attorney General of Texas Ken Paxton filed a lawsuit in the United States District Court (Northern District of Texas, Lubbock Division) against then-Secretary of the U.S. Department of Health and Human Services Xavier Becerra.

   This lawsuit now includes 16 other State Attorney Generals, and its focus is on Section 504.

   The “surface level” concern is the inclusion of “gender dysphoria” as “a physical or mental impairment” in the May 2024 updating of the Section 504 definition of “disability.” In fact, the legal brief filed by Paxton (Texas v. Becerra) spends over 30 pages legally contesting the main argument that the “HHS has no authority to unilaterally rewrite statutory definitions and classify 'gender dysphoria' as a disability."

   My issue here is not to debate the definition of “gender dysphoria,” the legal cases used by the Biden Administration to defend its inclusion in the Section 504 update, or its designation as a disability.

   My issue here is that, in his legal brief, Paxton included not only the striking of gender dysphoria as a disability, but an additional claim (Count III on Page 37) also arguing for the entire elimination of Section 504.

   Here, the lawsuit argues that Section 504 is “coercive, untethered to the federal interest in disability, and unfairly retroactive” and therefore is unconstitutional

   Regardless of the recent public appeasements from several of the Attorney Generals who officially included their states in this lawsuit (Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia), the goal is clearly delineated in the lawsuit.

   Specifically, the fourth item in the lawsuit’s “Demand for Relief” says, “Declare Section 504, 29 U.S.C. § 794, unconstitutional.” This is followed by: “Issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504.”

   Talk about a “Wolf in Sheep’s Clothing.”

   If this lawsuit is successful—legal briefs are due in Court by February 25—Section 504, and all of its protections and equal access civil rights protections, would cease to legally exist for individuals with disabilities. This would eliminate the civil rights of students with eligible disabilities to receive 504 Plans with the accommodations that give them equal access to the same educational settings and opportunities as any non-disabled student.

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Any Chance Event Can Result in a Disability: Protecting Everyone’s Best Interests

   During the 2020 to 2021 school year (using the most-current data from the Civil Rights Data Collection bank), there were 1.6 million students with disabilities—ages 3 to 21—served only by Section 504. (This number does not include students with disabilities who did not have 504 plans yet were receiving accommodations on their IEPs.)

   Coincidentally, upwards of 1.6 million Americans have died, to date, from COVID-19.

   Doubling back to the beginning of this Blog, these students are disabled largely due to chance events. They did not ask to be born with a disability, or to experience some tragic, chance event such that they became disabled.

   But critically, in some of my Expert Witness cases, the children involved were not the only ones to be harmed.

   Indeed, the parents involved in the chance events also incurred physical and other disabilities that impacted their employability and quality of life.

   But they are all protected by the ADA and Section 504.

   And so, if by some awful chance occurrence, you (or, your children) were disabled tomorrow, you too would be protected by the ADA and Section 504.

   Closing Points:

·        As discussed earlier, Section 504 provides some protections that the ADA does not. 

·        If Texas v. Becerra fully succeeds, after more than 50 years in existence, 1.6 million current students. . . innumerable future students. . . and potentially, you and your children. . . would lose Section 504’s civil rights guarantees.

·        If the inclusion of “gender dysphoria” in the current rules was a legal over-reach, then the 17 Attorney Generals have the right to petition the Court to correct that mis-step. 

·        But this inclusion does not warrant 17 Attorney Generals to “take off their sheep’s clothing” to artificially link gender dysphoria with a conscious scheme to totally eliminate Section 504 because, in their opinion, it is suddenly unconstitutional.

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Post-Script

   On January 9, 2025, a federal judge in Kentucky stuck down the Biden administration’s Title IX rules expanding protections for LGBTQ+ students because, according to the ruling, the President overstepped his authority.

   In taking this action, the Judge took down the entire 1,500-page updated 2024 regulation in a ruling that (a) will impact all schools nationwide, because (b) it will not be contested given the new Administration in Washington, D.C.

   But, critically, this still leaves the previous 2020 version of Title IX in force.

   If the inclusion of gender dysphoria in Section 504 was a similar overstep, then strike it down.

   But, in parallel, leave the rest of Section 504 intact.

   This is only right. . . it is a legal, civil rights, and quality of life necessity. . . to protect all of us from chance events.

   Taking Action:

   If you agree and want to take action, I suggest that you contact your Governor and State Attorney General right now to express your opinion.

   If you live in one of the 17 states that filed the legal brief, perhaps your Attorney General will withdraw the Fourth Plea in the lawsuit.

   If you live in a different state, perhaps your Attorney General will join with others to contest this Plea.

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Summary

   This Blog began by discussing the realization that, as an Expert Witness in school-related court cases nationwide, some cases involve chance events that impact students’ lives for the rest of their lives. These events—for example, birth traumas, accidents, medical errors, sports injuries—have left the students disabled, and these disabilities impact their ability to concentrate, read, write, communicate, and learn.

   We then discussed two relevant civil rights laws: Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. We focused especially on Section 504 and how it prohibits discrimination on the basis of a disability by public or private programs receiving federal funds. We described Section 504’s definition of a disability, examples of the life events the disability must impact, and the accommodations required so that students (and adults) have equal access to educational programs, learning opportunities, and extracurricular activities.

   We next discussed a current federal court case Texas v. Becerra, filed in Texas by 17 State Attorney Generals, which is contesting the Biden Administration’s 2024 revision of the Section 504 rules to include “gender dysphoria” as a disability. The critical issue is that the lawsuit seeks not only to eliminate gender dysphoria, but to find the entire Section 504 law unconstitutional.

   Noting that Section 504 protects all Americans from chance life events that result in a disability, we issued a Call to Action to have the unconstitutionality plea in the lawsuit stricken so that students (and others) with disabilities will continue to receive 504’s accommodations and other related protections.

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The “Improving Education Today” Podcast: A New Professional Development Resource Complementing this Blog

   At the beginning of January, we announced a new partnership and resource for you.

   The partnership is with popular AI Educators, Davey Johnson and Angela Jones. . . and the resource is their Podcast:

Improving Education Today: The Deep Dive 

   For each published bimonthly Blog, Davey and Angela summarize and analyze the Blog in their free-wheeling and “no-holds-barred” Podcast. . . addressing the topic’s importance to “education today,” and discussing their recommendations on how to apply the information so that all students, staff, and schools benefit.

   You can find the Podcast at the following link:

Improving Education Today: The Deep Dive | Podcast on Spotify

   Davey and Angela have also created a Podcast Archive of more than 35 additional and separate podcasts involving all of our 2024 Blogs (Volume 2), and 14 of our most-popular Blogs from 2023 (Volume 1).

   The Podcasts are posted on Spotify, and you can “Follow” the Podcast Series so that you will be automatically notified whenever a new Podcast is posted.

   Many districts and schools are using the Podcasts in their Leadership Teams and/or PLCs to keep everyone abreast of new issues and research in education, and to stimulate important discussions and decisions regarding the best ways to enhance student, staff, and school outcomes.

   If you would like to follow a Podcast up with a free one-hour consultation with me, just contact me and we will get it on our schedules.

   I hope to hear from you soon.

Best,

Howie

 

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[CLICK HERE to read this Blog on the Project ACHIEVE Webpage]

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[To listen to a synopsis and analysis of this Blog on the “Improving Education Today: The Deep Dive” podcast hosted by popular AI Educators, Angela Jones and Davey Johnson on Spotify: CLICK HERE for Angela and Davey’s Enlightening Discussion]