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Section 504 Section 504 of the Rehabilitation Act School

1. Section 504 is a civil rights statute aimed at prohibiting discrimination of individuals with

disabilities. (Slide 3) 2. Section 504 is very broad and could provide protection for the following:

Students, parents, employees, and other individuals with disabilities. (Slide 4)

3. Subpart D of the Section 504 regulations relate to preschool, elementary, and secondary responsibilities. (Slide 5)

4. Section 504 should be a general education responsibility. (Slide 7) 5. Section 504 gets no respect because funding is not attached for services. (Slide 8)

6. A student is eligible for Section 504 if his/her impairment substantially limits one or more life

activities. (Slide 11)

7. List some disabilities that are eligible under Section 504: (Slide 12) HIV/AIDS Conduct Disorder Temporary Disability ADD/ADHD Drug and Alcohol Migraine Headache Tourette Syndrome Traumatic Brain Injury (TBI) Cerebral Palsy Cancer Learning Disability Tuberculosis Arthritis Asthma Allergies Diabetes Obesity Epilepsy Heart Disease Former Special Education

8. Comment on the intent of prongs two and three of the Section 504 eligibility criteria: (Slide 15 & 16)

Record of such impairment Regarded as having such an impairment

9. List two Section 504 eligibility exclusions. (Slide 22)

Infectious disease if poses a risk, drugs and alcohol abuse, slow learner with out disabilities, sexual disorders, pregnancy

10. True or False. A student who does not qualify for special education services can be served under Section 504. True (Slide 23)

11. True or False. All IDEA students are Section 504, but not all Section 504 students are IDEA. True

(Slide 24)

12. Accommodations are modifications made by classroom teachers and other school staff to enable the student to benefit from their educational program. (Slide 26)

13. Documentation is always a best practice. (Slide 29)

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14. List the steps in the Section 504 process: (Slides 31–35)

Student Assistance Team Referral Notification to the parents Written consent Evaluation Placement

15. List the typical member of the Section 504 committee: (Slide 37) Parents, students, teachers, member(s) of SAT, principal (as needed), others (as needed)

16. List some possible services offered in developing the Section 504 accommodation plan: (Slide 40) Student Assistance Team stategies, parent input, evaluation results, eligibility, student’s unmet needs, services based on eligibility, LRE

17. Student accommodations and/or services are reviewed periodically and at least annually. (Slide 42)

18. Compare and contrast Section 504 and special education in the following areas: (Slides 44–51)

Issue Section 504 Special Education

Type of Law

Civil Rights Law

Education Act

Responsibility

General Education

Special Education

Administration

Section 504 Coordinator

Special Education Director

Funding Sources

General Education

State, Local, Federal Special Education Funding

FAPE

General education accommodations and /or special education and/or related services

Must be eligible for special education

Eligibility

Current physical or mental disability that substantially limits a major life activity and impact education

Must qualify under 14 categories, disability affects education, needs special education

19. Comment on the Section 504 eligibility conditions for the following issues: (Slides 52–53) ADHD can qualify for Section 504 if evaluated by school team disability substantially limits. Can qualify under Special education if meets disability criteria

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Drugs and alcohol May qualify for Section 504 if not using drug and undergoing treatment. Does not qualify for special education

20. Compare and contrast Section 504 and special education in the following areas: (Slide 54–57)

Issue Section 504 Special Education Service Tool

Accommodation plan and/or services

IEP

Grievance Procedure

Requires a grievance procedure to deal with discrimination issues

Not required. Complaint may be filed with state

Review of Plan

Review periodically

Review at least annually.

Enforcement

Office of Civil Rights

Office of Special education Programs (OSEP)

21. Priorities for OCR include: (Slide 60)

Overrepresentation of minorities in special education Proper evaluation of minority students

22. List the eight Section 504 procedural requirements for schools: (Slides 62–64)

Written assurance of nondiscrimination Section 504 coordinator Grievance procedure Ongoing notice Identify and locate qualified students Annually notify persons with disabilities Procedural safeguards Self-evaluation

23. Most students receiving special education services will be entitles to services at the post secondary level. (Slide 65)

G:\Presentation Resources\Presentation Outlines\ PPT Outlines/07.041 NM Section 504 Inservice Outline (Answer Key) Jcmb 08-22-07

Section 504 of the Section 504 of the Rehabilitation Act

Inservice

New Mexico Public Education Department andMountain Plains Regional Resource Center

2007

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Overview

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Statute/RegulationStatute/Regulation

• Section 504/ADA is a civil rights law thatSection 504/ADA is a civil rights law that prohibits discrimination. Like the sister statutes of Title VI (race) and Title IXstatutes of Title VI (race) and Title IX (gender), Section 504/ADA prohibits discrimination based solely on disability.discrimination based solely on disability.

• Special education law, regulations, and Section 504 of the Rehabilitation Act wereSection 504 of the Rehabilitation Act were implemented the same year—1973.

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Civil RightsCivil Rights

Section 504 is often referred to as thefirst civil rights act for individuals with disabilities. Section 504 applies to students, parents, employees, and other individuals with disabilities.

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Section 504Section 504• Subpart A — General Provisionsp• Subpart B — Employment Practices• Subpart C — AccessibilitySubpart C Accessibility• Subpart D — Preschool, Elementary, and

Secondary Educationy• Subpart E — Postsecondary Education• Subpart F — Health, Welfare, & Social ServicesSubpart F Health, Welfare, & Social Services• Subpart G — Procedures

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• Public Transportation • TelecommunicationsCommunity • Public Buildings • BusinessFocus

• Employees• Students

• Other Individuals• FacilitiesSchool Focus

• Parents • Extra-Curricular

Student Focus

SpecialSpecialEducation

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General EducationGeneral Education

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Section 504/ADA has been d i 1973around since 1973.

Section 504 gets little respect because funding is not gprovided by the State or federal government. Cost for gservices are provided by the school district.

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Roles of School Personnel• Involved in suggesting accommodations• Participates in meetings• Benefits from program

Student and Parent

Student and Parent

• Coordinates Section 504/ADA procedures• Provides staff and parent training• Manages Section 504/ADA grievance procedures

Principal and Certified and

Classified Staff

Principal and Certified and

Classified Staff• Helps conduct self-evaluation

Classified StaffClassified Staff

• Conducts nondiscriminatory practices in classrooms• Refers/identifies/evaluates students

E t i l t 504 Coordinator504 Coordinator• Encourages parent involvement• Develops program modifications

and accommodations

504 Coordinator504 Coordinator

• Designates 504/ADA CoordinatorDesignates 504/ADA Coordinator• Provides annual notice to parents/students• Provides continuing notice to students/employees

SuperintendentSuperintendent

• Establishes policy on nondiscriminationp y• Develops grievance procedure• Develops hearing procedure

School BoardSchool Board

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D fi iti f Di bilitDefinition of Disability

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Ist Prong—Section 504/ADAIst Prong Section 504/ADAEligibilityTh t d t h h i l t l i i tThe student has a physical or mental impairment that substantially limits one or more of a person’s major life activitiesmajor life activities.

WalkingB hi

SeeingH i

WorkingBreathingLearning

HearingSpeaking

Caring for one’s self

The impairment must impact the student’s education. This determination must be based on an individual evaluation and made by a team of people knowledgeable of theand made by a team of people knowledgeable of the student and about the disability.

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Examples of Who Might Be Eli ibl U d S ti 504/ADAEligible Under Section 504/ADA

• HIV/AIDS • Conduct DisorderHIV/AIDS • Tuberculosis• Arthritis

Conduct Disorder• Temporary Disability• ADD/ADHD

• Asthma• Allergies• Diabetes

• Drug and Alcohol• Migraine Headache• Tourette Syndrome• Diabetes

• Obesity• Epilepsy

• Tourette Syndrome• Traumatic Brain Injury (TBI)• Cerebral Palsy

• Heart Disease• Former Special Education

• Cancer• Learning Disability

Each disability must substantially limit a major life activity.07.041.67 (NM) Legal 504

IllustrationIllustration

A person with a minor vision impairment,A person with a minor vision impairment, such as 20/40 vision, does not have a substantial impairment of the major lifesubstantial impairment of the major life activity of seeing.

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IllustrationIllustrationA person who is deaf is substantially limited p yin the major life activity of hearing. A person with a minor hearing impairment, p g p ,on the other hand, may not be substantially limited.y

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2nd Prong—Definition/Eligibility

Has a record of such an impairment.Examples of individuals who have a recordExamples of individuals who have a record of an impairment are persons who have histories of mental or emotional illness,histories of mental or emotional illness, learning disability, asthma, heart disease, cancer, etc. and students who havecancer, etc. and students who havereceived special education.

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3rd Prong – Definition/Eligibility3 Prong Definition/Eligibility

Is regarded asIs regarded ashaving such

an impairmentan impairment.

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Ryan WhiteRyan WhiteHIV infected—sued an Indiana SchoolHIV infected sued an Indiana School District under Section 504. Ryan was able to function in the school setting but wasto function in the school setting, but was perceived as being disabled.

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IllustrationIllustration

B bbi th ldBobbie, a three-year-old child born with a prominent f i l di fi t hfacial disfigurement, has been refused admittance to

t da county-run day care program on the grounds th t hi i ththat his presence in the program might upset the th hildother children.

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IllustrationIllustrationAnna, an individual with mild diabetes controlled by medication isdiabetes controlled by medication, is barred by the staff from participation in certain sports because of herin certain sports because of her diabetes. Even though Anna does not actually have an impairment thatnot actually have an impairment that substantially limits a major life activity she is protected underactivity, she is protected under Section 504/ADA because she is treated as though she doestreated as though she does.

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Definition Issue/OCR Policy Letter

NOTE: The second and third prongs of theNOTE: The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having anrecord of or regarded as having an impairment” are relevant only when some negative action is taken based on thenegative action is taken based on the perception or record. “This cannot be the basis which the requirement for a freebasis which the requirement for a free appropriate public education (FAPE) is triggered ” (OCR P li M d A t 3 1992 )triggered. (OCR Policy Memorandum, August 3, 1992.)

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EligibilityEligibilityThere are attitudinal barriers and architectural barriers that affect the educational placements of students.

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ExclusionsExclusions

• Infectious disease if it poses a• Infectious disease if it poses arisk to othersD d l h l b• Drug and alcohol abuse

• Slow learners without disabilities• Sexual disorders• PregnancyPregnancy

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EligibilityEligibility

Every person eligible for Every person eligible for Section 504 will not

il b li ibl fnecessarily be eligible for special education.p

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Eligibilityg y

Every person eligible for Every person eligible for special education is also

protected under Section 504.

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Accommodations d/ S iand/or Services

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AccommodationsAccommodations• Modifications made by y

classroom teacher(s) and other school staff to

bl h denable the students to benefit from their educational programeducational program.

• A plan should be developed outliningdeveloped outlining services and/or accommodations.

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Accommodations/ServicesAccommodations/ServicesEffective and EqualA d ti i l t th i di id lAccommodations simply put the individual with a disability at a more equal level with th h d t h di bilitithose who do not have disabilities.

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Parent InvolvementParent Involvement

The parents should be included in the 504 process whenever possible.

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DocumentationDocumentation

It is important to document evaluationIt is important to document evaluation results, eligibility determination, services, and placement issues regardingand placement issues regarding each individual.

DOCUMENTATION IS ALWAYSDOCUMENTATION IS ALWAYS A BEST PRACTICE.

The requirements under the Family Educational Rights and Privacy Act (FERPA) g y ( )apply to Section 504 documentation

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Suggested Suggested Section 504 Process

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Student Assistance TeamStudent Assistance Team

The Student Assistance Team (earlyThe Student Assistance Team (early intervening) will provide support and suggestions to classroom teacherssuggestions to classroom teachers regarding any student experiencing academic or behavioral difficulties If theacademic or behavioral difficulties. If the strategies are unsuccessful, a referral for an evaluation could be made to Sectionan evaluation could be made to Section 504/ADA or special education.

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ReferralReferral

Referrals are acceptedReferrals are accepted from parents, professional staff,professional staff, students, and/or other staff members. Thestaff members. The problem(s) and previous remediesprevious remedies are considered and reviewed.and reviewed.

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NotificationNotificationThe school notifies the parents or guardians, in writing, of the school’s reason and intent to conduct an evaluation. The notice should include a description of the evaluation and procedural safeguards. Parental consent would be considered best practice for all Section 504/ADA evaluations.

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Written Consent/Section 504Written Consent/Section 504

Written consent is always encouraged for the initial evaluation and placement

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EvaluationEvaluation

The school must evaluate all studentsThe school must evaluate all studentswith disabilities before making an initial placement or any significant changeplacement or any significant changein placement.

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EvaluationEvaluation

It is best practice to start with a specialIt is best practice to start with a special education evaluation to rule out a disability.

*Use special education evaluation data forS ti 504 id tiSection 504 consideration.

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Section 504/ADA Committee Meeting

• A best practice is to use the Student Assistance Team asA best practice is to use the Student Assistance Team as the Section 504/ADA Committee. Typical members would include the following:

ParentsParentsStudent (when appropriate)Teacher(s)

b ( ) fMember(s) of SAT Principal (as needed)Other (as needed)( )

• The committee will study and analyze the evaluation data to determine if the student has a mental or physical disability that substantially limits a major life activitydisability that substantially limits a major life activityand influences the student’s educational program.

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Eligibilityg y

If the student is eligible under SectionIf the student is eligible under Section 504/ADA, the team determines accommodations and/or services that willaccommodations and/or services that will enable the student to benefit from his/her education This can be documented on aneducation. This can be documented on an individual Section 504 accommodation plan.

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Section 504 Student A d ti PlAccommodation Plan

A list of accommodations forA list of accommodations for eligible students that are implemented in the generalimplemented in the general education classroom.

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ServicesServices

The following factors are considered by a teamThe following factors are considered by a teamknowledgeable about the student and the disability:• Student Assistance Team strategies• Parent input• Evaluation results• Section 504/ADA eligibility• Section 504/ADA eligibility• The student’s unmet needs• Services and/or accommodations based on eligibility• Discuss and plan possible staff inservice.• Least Restrictive Environment (LRE)

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ImplementationpThe school staff makes the necessary accommodations to allow for the student’s disability. Parents should be consulted and given opportunities for input. The accommodations and/or services arethen implemented.

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Review

Each student’s accommodations and/orEach student s accommodations and/or services are reviewed periodically. Best practice would be at least annuallypractice would be at least annually.

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Comparison Between S ti 504/ADA d Section 504/ADA and

Special EducationSpecial Education

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Comparison—Typep yp

Section 504/ADA —Ci il Ri ht LCivil Rights Law

Special Education —Education Act

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Comparison—Responsibilityp p y

Section 504/ADA —General EducationGeneral Education

Special Education —Special Education

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Comparison—Administratorp

Section 504/ADASection 504/ADA —Section 504/ADA Coordinator

Special Education —Special Education —Special Education Director

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Comparison—Fundingp g

Section 504/ADASection 504/ADA —General Education

Special Education —pState, Local, Federal Special Education Fundingg

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Free and Appropriate Public Education (FAPE)

Section 504/ADASection 504/ADA• Requires that FAPE be provided to only

those protected students who because of athose protected students who, because of a disability, need general education accommodations or special education and related services.

• Defines FAPE as general or special d ti d l t d id d i teducation and related aids and services to

meet the needs of the individual student.

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Free and Appropriate Public Ed ti (FAPE)Education (FAPE)

Special Educationi b id d l h d• Requires FAPE be provided to only those protected

students who, because of a disability, need special education or related services.

• Defines FAPE as special education and related services delivered under an IEP, that meets State and federal standards A student can receive related services understandards. A student can receive related services under special education if the student is provided special education and needs related services to benefit from special educationspecial education.

• Requires a written IEP document with specific content and a required number of specific participants at the IEP meeting.

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Comparison—FAPEComparison FAPE

Section 504/ADA —Section 504/ADA General education accommodations and/or special education and/or related services

Special Education —Special Education Must be eligible and need special education; then related services can be added if they yare necessary for the student to benefit from special education.

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Comparison—EligibilityComparison EligibilitySection 504/ADA —C entl has a ph sical o mental disabilit thatCurrently has a physical or mental disability that substantially limits a major life activity and impacts the student’s education. “Sustainability limits” is a high standard.

Special Education —Spec a ducat o1. Must qualify under one of the 14

disability categories, b l d l ff d l2. Disability adversely affects educational

performance, and 3 Student needs special education (specially3. Student needs special education (specially

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Comparison —Att ti D fi it Di dAttention Deficit Disorder

Section 504/ADA—Section 504/ADAIs eligible if the student has been evaluated by the school team and/or the disabilitythe school team and/or the disability substantially limits a major life activity.

Special Education—Must meet one of the categorical disabilities gcriteria in special education, usually OHI.

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Comparison—D d Al h lDrug and Alcohol

Section 504/ADA —Section 504/ADA An individual who is not using drugs and/or alcohol and is undergoing treatment couldalcohol and is undergoing treatment couldbe protected.

Special Education —Drug and alcohol use, by itself, does not

lif f i l d ti iqualify one for special education services.

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Comparison—Service Tool

Section 504/ADA —Section 504/ADA —Accommodation plan and/or services

Special Education —Individualized Education Program

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Comparison—G i P dGrievance Procedure

Section 504/ADA—Section 504/ADA—Requires a grievance procedure to deal with discrimination issuesdiscrimination issues.

Special Education —Grievance procedure not required. A complaint can be filed with the State.

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Comparison—R i f PReview of Program

Section 504/ADA —Review periodicallyReview periodically

Special Education IEP—Review at least annually

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Comparison—E f tEnforcement

Section 504 —Section 504 —Office for Civil Rights (OCR)

Special Education —Office of Special Education Programs (OSEP)

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Dispute Resolution Under S ti 504/ADASection 504/ADA

A. Local Grievance (34 C.F.R. y 104.7 (b)).B. Impartial Hearing (34 C.F.R. y 104.36)).

If a state does not permit special education hearing Officers to rule on Section 504/ADA issues, then schoolsmust offer alternative hearing procedures. Section 504/ADA regulations do not specify timelines or/ g p yImpartiality requirements; therefore, OCR applies a standard of Fundamental fairness and will be guided byIDEA case law and other decisions OCR Policy letter 18IDEA case law and other decisions. OCR Policy letter, 18 IDELR 230 (OCR 1991).

C. Office for Civil Rights (OCR) Complaintsg ( ) pD. Judicial Actions

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OCR EnforcementOCR Enforcement

Di i i ti DisabilityDiscriminationIssues

Disability, Race,

GenderGender,Age

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OCR Priorities

OverrepresentationOverrepresentationof minorities in

special educationProper evaluation

of minority studentsspecial education of minority students

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Procedural Procedural Requirements

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Procedural Requirements of qSection 504/ADA

1. Provide written assurance of nondiscrimination whenever the school receives federal money. 34 CFR 104.5(a)

2. Designate an employee to coordinate compliance with Section 504/ADA. 34 CFR 104.7(a)o 50 / 3 0 (a)

3. Provide grievance procedures to resolve complaints of discrimination. 34 CFR 104.7(b)

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Procedural Requirements of S ti 504/ADASection 504/ADA

4. Provide ongoing notice of nondiscrimination to students, g g ,parents, employees, unions, and professional organizations. Notice must also specify the responsible employee designated to coordinate complianceemployee designated to coordinate compliance. 34 CFR 104.8

5. Identify and locate all Section 504/ADA qualified5. Identify and locate all Section 504/ADA qualified students with disabilities in the school’s geographic area who are not receiving a public education. 34 CFR 104 32(a)34 CFR 104.32(a)

6. Annually notify persons with disabilities and their parents or guardians of the school’s responsibilityp g p yunder Section 504/ADA. 34 CFR 104.32(b)

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Procedural Requirements of S ti 504/ADASection 504/ADA

7. Provide parents or guardians with procedural safeguards. 34 CFR 104 3634 CFR 104.36 a. Notice of their rights. [A person] who has a mental or physical

impairment that substantially limits one or more major life activities (major life activities include activities such as caringactivities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working).

b. Opportunity to review relevant records.c. Impartial hearing with opportunity for participation by parents

or guardians and representation of counseld. Review procedure.

8. Self-evaluation is technically required only on a one-time basis, but it is advisable to review the evaluation on a periodic basis. Individuals with disabilities ortheir organizations should be involved in the self-evaluation.

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Section 504/ADA and P t d O t itiPostsecondary Opportunities

• Obligations apply to postsecondary programs that g pp y p y p greceive federal funding.

• High school counselors should have knowledge of S ti 504/ADA d id th t i f ti tSection 504/ADA and provide that information to students with disabilities.

• The last issue a special education multidisciplinary• The last issue a special education multidisciplinary team should discuss when a student with disabilities graduates is Section 504/ADA eligibility.g g y

• Transition goals and objectives should include collaboration with postsecondary programs

di S ti 504/ADA d tiregarding Section 504/ADA accommodations.

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ConclusionThis inservice training program has given an overview of Section 504/ADA and p o ided ed cato s andof Section 504/ADA and provided educators and administrators with a knowledge of school responsibilities. You have probably discovered that the espo s b t es ou a e p obab y d sco e ed t at t eschool is already meeting many obligations by providing accommodations and/or services to t d t t d l It i i t t tstudents, parents, and employees. It is important to

formalize the Section 504/ADA process to better serve eligible individuals with disabilities and provide aeligible individuals with disabilities and provide a structure that will be necessary when questions are asked by parents and others or if the Office for Civil Ri ht i i d t i ti t l i tRights is required to investigate a complaint.

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