Section 504Section 504WalthamWaltham

Section 504Section 504WalthamWaltham

Marie DeSisto RN, MSN, NCSNMarie DeSisto RN, MSN, NCSNDirector of Nurses /District 504 CoordinatorDirector of Nurses /District 504 Coordinator

Waltham Public SchoolsWaltham Public Schools

May 2010May 2010

Section 504

• Section 504 is a major component of the Rehabilitation Act of 1973

• Section 504 is a CIVIL RIGHTS legislation for persons with disabilities

Section 504:• No otherwise qualified individual

with a disability …shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Purpose of Section 504Allow equal access to a free and

appropriate education

Level the playing field

Eligibility for Section 504

• Broad

• Many different types of disabilities and disabling conditions

• Eligibility is NOT based on clinical categories

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IDEA vs. Section 504 & Title II

• Section 504 and Title II of the ADA, which are enforced by OCR, prohibit discrimination on the basis of disability and do not provide any type of funding.

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IDEA vs. Section 504 & Title II

• Section 504 and IDEA have different criteria for determining who is protected under the law. Specifically, the meaning of “disability” in the IDEA is different than the meaning of “disability” in Section 504/Title II.

Child Find Requirement-

• As with IDEA school systems are required to locate students in the district who may be eligible for protections under Section 504

What is a Qualified Student?

• Of age during which persons without disabilities are provided such services

• Of any age during which it is mandatory under state law to provide such services to students with disabilities

• A student for whom a state is required to provide a free appropriate public education under IDEA

Definition of Disability under

Section 504• Has a physical or mental

impairment which substantially limits one or more of such person’s major life functions

– Has a record of such an impairment

– Is regarded as having such an impairment

Definition of physical or mental

impairment:

– Physiological disorder or condition– Cosmetic disfigurement– Anatomical losses affecting one or more of

a body system– Any mental or psychological disorder, such

as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

Major Life Activities:

• Caring for one’s self

• Performing manual tasks

• Walking• Seeing• Hearing

• Speaking

• Breathing

• Learning

• Working

Major Life Activities continued…

Expanded to now include:

• Reading Communicating• Thinking Standing• Concentrating Lifting• Eating Bending• Bladder function Sleeping• Bowel function

• Other…

Substantial Limitation

Does the impact of the disability on the “major life activity” amount to a substantial limitation?

Unable to perform a major life activity that the average person in the general population can perform

What Schools Must Do?

• Annual search for eligible students

• Provide a “free appropriate public education” for all students

• Least restrictive environment

Schools must establish:

• Nondiscriminatory evaluation & placement procedures

• Procedural safeguards to enable parents to participate in the evaluation

• Afford all children an equal opportunity to participate in nonacademic & extracurricular services and activities.

Refer a student for a Section 504 evaluation…

• Referred for IDEA but not evaluated or determined not to be eligible

• Suspected of having a disability

• Continued to display behavior problems

Refer a student for a Section 504 evaluation…

• Diagnosed with a major health problem

• Expelled or suspended

• Problems that cannot be explained

• Parental request for a 504 evaluation

• Staff member request for an evaluation

Evaluation• It is critical to document the

evaluation process• Not everyone who is evaluated will

qualify for a Section 504 plan• If a parent requests an

evaluation…always evaluate

Recent Section 504 Changes:

• Additional categories in Major Life Activities

• No longer consider “mitigating measures”

• Consider impairments that are episodic or in remission

504 Qualifying Questions:

1. Is the student disabled?

2. Is the disability mental or physical?

3. Does is substantially limit a major life activity?

Parental Notification

• Consistent notification of rights under Section 504 and the grievance procedure.

Section 504 Summary:

• Comprehensive civil rights legislation

• Incorporates a very broad definition of disability

• Students not eligible under IDEA may be eligible under Section 504

Section 504 Compliance

• The Office for Civil Rights is primarily concerned with protecting the rights of students and parents

• We must ALWAYS follow the process

Section 504 Pitfalls• A doctor’s note/order is insufficient

data for a 504

• Not evaluating

• Not documenting evaluation/services

Pitfalls…• Not having the right staff on the

evaluation team

• Not following the 504 plan

• Provide the services

Temporary Disabilities• Covered by Section 504 if they

meet the criteria• Generally the OCR does NOT

require a 504 plan for a temporary disability

• Exception: DESE has been asking for plans for students needing MCAS accommodations

Private schools• Private schools do not have to

follow Section 504• Unless they take Federal funds…

such as Title 1, 2A, 2D, 3 and/or 4…

Questions?• Office for Civil Rights

• Section 504 Compliance Advisor Newsletter - LRP Publications