The second section focuses on the significance of testing and school accommo- dations and the intersectional inequities that occur in access to accommodations.32 Building on the themes that appear in the literature, we then present emerging trends regarding the inequitable access to and misuse of Section 504 plans. [...] The Impact of Testing Accommodations and Arbitrary Access to Them Research on the impact of testing accommodations in the K-12 context, both under IDEA and Section 504, has found mixed results that highlight the importance of context in deter- mining the effectiveness of accommodations.51 The specific accommodation, coupled with students’ types of disability, backgrounds, and demographic character. [...] Recent Developments in the Inequitable Access to and Misuse of Accommodations The use of power and privilege to secure and misuse accommodations came into sharp focus in the 2019 cheating and bribery college admissions scandal,69 which drew media attention to the misuse of accommodations nationwide. [...] They have the money, knowledge, and privilege to do so.87 In sum, the trends exemplify how power and privilege can be leveraged at all stages of the process, from the identification of a disability and maximizing the benefit of certain types of accommodations to evading the disadvantages (stigma, for example) as- sociated with certain disability categories. [...] More specifically, we focus on the systemic nature of inequities, the ways in which power and privilege can be used to 15 of 30 gain advantages through the gray areas of Section 504, and the ways in which the law (both as written and as implemented) does not account for intersectional identities and contexts.
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Table of Contents
- June 2023 1
- Acknowledgements 2
- NEPC Staff 2
- Section 504 Plans Examining Inequitable Access and Misuse 3
- Maria M. Lewis Pennsylvania State University Raquel Muñiz Boston College 3
- June 2023 3
- I. Executive Summary 3
- Federal 4
- State 4
- Local 5
- Section 504 Plans Examining Inequitable Access and Misuse 6
- Maria M. Lewis Pennsylvania State University Raquel Muñiz Boston College 6
- June 2023 6
- II. Introduction 6
- Federal LegalPolicy Context 6
- The Individuals with Disabilities Education Act IDEA 7
- Section 504 of the Rehabilitation Act 8
- Intersectionality 10
- III. Review of the Literature 11
- The Role of Power and Privilege in Federal Disability-Related Law in Education 11
- The Impact of Testing Accommodations and Arbitrary Access to Them 13
- IV. Recent Developments in the Inequitable Access to and Misuse of Accommodations 14
- The Varsity Blues Scandal 14
- Emerging Trends on the Inequitable Access to and Misuse of 504 Plans 14
- V. Discussion and Analysis 15
- Intricate Linkages Between Systemic Inequities 16
- The Limitations of the Federal Disability Law in Addressing Intersection- al Inequities 16
- The Role of Power and Privilege in Implementation 17
- VI. Recommendations 17
- Federal 17
- State 18
- Local 19
- Notes and References 20
