NEW STANDARDS TO CONSIDER

• Expanded definition of major life activities

• Substantial limitation -- without mitigating measures

• Substantial limitation – during exacerbation

IMPLEMENTING STANDARDS

• Develop form with standards imbedded

• Use consistent team members

• Provide staff training on each professional’s role; repeat annually

• Prepare before a Section 504 meeting; gather medical and educational data to inform decisions

504 FORM

• Provides a meeting agenda

• Defines the standards to be applied

• Guides discussion regarding eligibility

• Sets format of 504 plan(s)

• Provides option for eligibility without a plan

Major Life Activities

Reading, concentrating

thinking, communicating

Operation of a major bodily function, e.g., functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

eatingwalkingseeing hearing speakingbreathingcaring for oneselfperforming manual

tasksworking learningother

Determining eligibility: degree to which impairment limits a major life activity

5 Extremely

4 Substantially

3 Moderately

2 Mildly

1 Negligibly

From Perry A. Zirkel The Special Educator, 1997, 13 (3), 6-9

Criteria for Assessing Substantial Limitation

• Severity of impact on the major life function

• Daily impact versus once in a long time• Duration of the physical or mental

impairment over time (days or weeks versus months, years, undetermined)

Case study 1 – Food Allergy

Kindergarten student with history of positive Rast testing for peanuts, tree nuts, milk, eggs and sesame. Parent requesting child to have Epi-Pen in back pack and a Section 504 plan. No known history of asthma or anaphylaxis; Rast test strongly positive, history of hives to touch.

Case study 1 – Food Allergy

At 504 eligibility meeting, new history presented by parent:

• Recent anaphylactic reaction

• On daily medication for seasonal allergies

• On daily steroid inhalant medication

• Currently being evaluated for asthma

Case study 2 – Diabetes

Fifth grade student with diabetes using a pump for insulin delivery. She has stable health status and is doing well with self-care management skills. In 3rd and 4th grades she had an IHCP, IEP and ITP. Now parent is requesting 504 identification and new accommodations related to learning, including extended time on tests, frequent bathroom breaks for tests, rescheduling of any tests if high or low, BG level at time of test documented on the exam.

Case 3 – Field Trip

Parents of four special education students with multiple disabilities and significant medical issues that require immediate nursing intervention for management, ask to have their children included in a sixth grade Nature’s Classroom overnight camp

Medical Considerations• Distance to camp facility (hour and half)• Response of ambulance to van (en route)• Response time of ambulance to camp facility• Response time of nurse at camp• Seasonal allergies• Temperature – no air conditioning• 24-hour medications; emergency medications• Medical clearance from physician• New staff members • Dietary needs• Other

Environmental Considerations

• Amount of walking around facility• Limited places to rest• Uneven terrain• Field group activities take place in the woods • Activities continue in all weather conditions (rain/shine)• Length of day (7:00AM – 9:00PM)• Bathroom locations• Endurance• Activity tolerance• Other

Nighttime Considerations

• Sleep safety (rails, other)

• Behaviors

• Nighttime supervision needs

• Personal care (showering, brushing teeth, dressing)

• Other

STANDARDS TO CONSIDER

• Expanded definition of major life activities

• Substantial limitation without mitigating measures

IMPLEMENTING STANDARDS

• Develop form with standards imbedded• Use consistent team members • Provide staff training on each

professional’s role; repeat annually• Prepare before a Section 504 meeting;

gather medical and educational data to inform decisions