Welcome to the Section 504 of the Rehabilitation Act of 1973 Workshop We will begin soon

Welcome to theSection 504of theRehabilitation Act of 1973Workshop

We will begin soonSection 504 January 23, 20021Dr. Doris HuntExceptional Childrens Director504 Coordinator for The Public Schools of Robeson CountyPresented bySection 504 January 23, 20022Introductions

NameSchoolPositionWhat I do related to Section 504

Section 504 January 23, 20023Dont shoot me.Im just the piano player! -Elton John

Were all in this together.-Eric Haldeman (Nixon Advisor)

Im just the messenger.-All of us, at one time or anotherSection 504Section 504 January 23, 20024Section 504 Three Prong Eligibility StandardA Student who:

Has a (1) physical or mental impairment which (2) substantially limits (3) one or more major life activities;

5 Est. As Part of the Rehabilitation Act of 1973No otherwise qualified individual with handicaps in the United States shall solely by reason of his/her handicap, as defined in Section 706(8) of this title, 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 or under any program or activity conducted by any executive agency or by the United States Postal Service.(29 U.S.C. Sec. 794)Section 504Section 504 January 23, 20026What is a Physical or Mental Impairment Under Section 504?Any physiological disorder or condition, cosmetic disfiguration, or anatomical loss.

Any mental or psychological disorder.

Section 504 does not define specific impairments.

Examples include behavior disorders, ADD/ADHD, HIV/AIDS, diabetes, asthma, physical disabilities, allergies, hearing impairments.7What does Substantially Limit Mean Under Section 504?Determining whether an impairment is substantially limiting is critical to deciding Section 504 eligibility.

Regulations fail to provide a definition for the term substantial limits.

Case law establishes that substantial limits means unable to perform or significantly restricted in performing a major life activity as compared to the average student.8What Constitutes a Major Life Activity Under Section 504? Learning is not the sole major life activity that may qualify a student for services.Functions as caring for ones self;Performing manual tasks;Other activities such as walking, seeing, hearing, speaking, breathing, learning and working.

9What About Temporary Disabilities?Determination must be made on a case-by-case basis, taking into consideration the severity and the duration of the impairment.The physical or mental impairment at issue must be permanent or anticipated to be very long term.Temporary, non-chronic impairments should generally not trigger Section 504 eligibility, i.e., broken arm, surgery, temporary at-home medical status.Most temporary disabilities can be addressed via regular education services, i.e., homebound, make-up work, minor classroom/environment accommodations.Pregnancy is generally not a qualifying disability unless unexpected complications arise.

10Points to Remember When Considering Section 504 EligibilityHigh standard to meet for Section 504 eligibility

On the average, only 1-2% of the student population of any school is deemed Section 504 eligible.

Learning difficulties not always due to a physical or mental impairment.

Student will forever have a record of being divided.

Section 504 eligibility is not for at-risk students.

Phrase substantially limits is in present indicative verb form. Thus, student must be presently, not potentially or hypothetically, substantially limited.11Points to Remember When Considering Section 504 EligibilityCommon regular education interventions may eliminate existence of a substantial limitation.

Section 504 is not a consolation prize for students not qualifying for I.D.E.A.

Consider all factors which may mitigate the impact of the students disability, i.e., glasses, prosthesis, medication, hard work, parental assistance.

Standard is to compare student to an average student. This means you compare student against chronological peers in the entire state or country.

Standard is not whether the student is reaching his own potential or parents expectations.

12Points to Remember When Considering Section 504 EligibilityA student with average grades is probably not Section 504 eligible in the area of learning.

Physician or psychologist opinion as to students eligibility status is only one source of information the team should consider. Remember, the team is making an educational decision not a medical decision.

Physician or psychologist, while helpful in providing documentation of a physical or mental impairment, is not qualified to opine whether that impairment substantially limits a major life activity in a school setting. A mere medical diagnosis is not enough for eligibility.

Students eligible under I.D.E.A. are not entitled to a separate Section 504 plan.

13III. Examples of 504 Accommodations

14Example of 504 AccommodationsSeat child away from the doors/windowsGroup for cooperative learningGive both oral and written directionsAsk frequent questionsSimplify or shorten directionsReduce number of items on a taskHighlight relevant words/featuresIncrease allocated timeHave student repeat directionsHave student summarize at end of lesson

15Example of 504 AccommodationsUse timers to show allocated timeTape record directionsTape record student responses Use a study guideProvide daily and weekly assignment sheetsProvide anticipated cuesProvide visual cuesEstablish rules and review frequentlyEnlarge or highlight key words on test itemsProvide essential fact list

16Example of 504 AccommodationsProvide pencil grips Put desk close to blackboardTape paper to deskRepeat major pointsCall students name before asking a questionProvide content/lecture summariesUse computer for writing tasksUse peer-mediated strategies (buddy system)Pause during speakingUse self-teaching materials

17IV.Tips For an Effective and Legally Compliant Section504 Eligibility Meeting

18A. Ensure That All Procedural Requirements Are Met Prior to MeetingNotice to parent of evaluation, meetings, and notice of results/actions taken at 504 meeting.

Appropriate Team Membership- Parent- Persons knowledgeable about the child, meaning of evaluations, and placement options.

Parent Rights must be provided.

Parent Permission must be received prior to evaluation.

Ensure appropriate time limits are met.- Sixty day referral to eligibility timeline- Ninety day referral to placement timeline

19Properly Prepare for the Section 504 MeetingSchool representatives and parents should organize and review all data prior to Section 504 meeting.

Bring copies of all relevant medical records.

Determine whether any initial evaluation/testing suggests the need for additional evaluations.

20Section 504 team in determining eligibility should utilize data from a varietyof sourcesExamples:Health recordsStandardized test scores/class test scoresInformal checklistsReport cardsParent/teacher reports and observationsStudent work samples/student inputDisciplinary recordsPrior special education testing results (if student is not eligible for special education)Cumulative recordsAll data considered by team must be documented.Reason for referral must be appropriately addressed by evaluation data.Good information guides accurate eligibility decisions.21D.Developing a Section 504 PlanIdentify students disability, major life activity impacted, and educational impact of disability.

Be sure that the accommodations are succinct and realistic.

Indicate the exact amount of time when extending time for tests, and classroom/homework assignments.

22E.Periodic Review The school should review a students Section 504 plan at least on an annual basis or upon any significant change in placement.

23V. System Wide Procedural Safeguards Required by Section 50424A.Section 504 Local Grievance Procedure*Identification, evaluation, or placement decisions may be appealed by a written request*Mediation may be used to resolve areas of dispute*A Section 504 impartial hearing may be requested*After mediation or impartial hearing, a written decision must be provided to person making the appeal

25Section 504 School Wide Compliance RequirementsProvide written assurances of non-discrimination wherever the LEA receives federal money.Designate an employee to coordinate its efforts to comply with Section 504.Adopt a grievance procedure to resolve complaints alleging any action prohibited by federal regulations.Provide notice to students, parents, employees of nondiscrimination in admission or access to or treatment or employment in, its programs or activities.

26SECTION 504 SCHOOL WIDE COMPLAINCE REQUIREMENTS cont.Annually identify and locate all Section 504 qualified students (Child Find).Annually notify persons who are disabled and their parents of the Districts responsibilities under Section 504.Provide parents with procedural safeguards.

27C.Section 504 Child Find RequirementThe District has an affirmative duty to conduct a child find at least annually.

District must identify and locate every qualified disabled child residing in jurisdictions including pre-schoolers, homeless, and those attending private school.

Teachers and administrators must receive training on the identification of students suspected of having a disability.

28Common ErrorsEligibilityIgnoring impairment requirement to create an unfair advantage and providing structured accommodations Accepting argument that disability = eligibilityAccepting that medical diagnosis = 504 eligibility29Eligibility ErrorsAccepting that a student on medication is automatically eligibleAutomatically excluding a temporary disabilityAllowing a choice between 504 and IDEACreating a crystal ball eligibilityFailure to dismiss when eligibility does not exist30Questions???

31Who Is a 504 Person/Student?504 Regulation 34 CFT 104.3(j-l) defines: a person with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Section 504 January 23, 200232What doesSUBSTANTIALLY LIMITSmean???

Section 504 January 23, 200233The Supreme Court has recently clarified that the identified major life activity must be of central importance to daily life (Toyota Motor Co. v. Williams, 534 U.S. 184,197 (2002)The Supreme Court has recently clarified the identified major life activity must be of central importance to daily life.(Toyota Motor Co. v. Williams, 534 U.S. 184, 197 2002)Substantially limits means considerable or to a large degreeSection 504 January 23, 200234The Toyota ruling determined that substantial limitation means a limitation that affects a persons ability to perform an activity in relation to the average person in the general population.Section 504 January 23, 200235*In determining whether a students mental or physical impairment substantially limits the major life activity of learning, the district should compare the students academic progress to that of the average child, not a child of similar intellectual potential.T.J.W. By Butler v. Dothan City Board Of Education (D.C. Alabama 1997) 26 IDELR 999.Section 504 January 23, 200236*A student is not substantially limited simply because the student is not reaching his or her potentialSection 504 January 23, 200237*Applying the Supreme Court decision in Toyota, a court found a student did not qualify for 504 protections at school where her disability did not substantially limit the life activity of breathing beyond the school site.Block v. Rockford, 2002 WL 31856719 (N.D. III.2002Section 504 January 23, 200238Costello v. Mitchell Public School District (8th Cir. 2001)Section 504 January 23, 200239Major life activity must be of central importance to most peoples livesMust be assessed in corrected condition - e.g. with glasses, inhalerMust be substantialSection 504 January 23, 200240Weixel v. Board of Education of City of New York, 36 IDELR 152 (2nd Cir.2002)Citing the Supreme Court decision in Toyota, a court found a student qualified for Section 504 services where her disability substantially limited the major life activities of walking, exerting oneself and attending classes at school, which were considered to be of central importance to daily life.Section 504 January 23, 200241In determining whether a students disability substantially limits a major life activity entitling the student to FAPE, the District will typically focus onLearningBehaviorSection 504 January 23, 200242Section 504: Disability DefinedPhysical or Mental Impairment** Major Life Activities** Record of Impairment** Regarded Impairment** Physiological disorder, contagious disease, cosmetic disfigurement or anatomical loss in one or more system:

Neurological Musculoskeletal Respiratory Cardiovascular Reproductive Digestive Genito-urinary Hemic Lymphatic Skin Endocrine Mental or psychological disorder including:

Mental retardationOrganic brain syndromeEmotional or mental illnessSpecific learning disabilities Major life activities include:

Self-careManual tasksWalkingSeeingHearingSpeakingBreathingSittingStandingThinkingConcentratingReachingInteracting with othersLearningWorking

The individual has:

A history of impairmentorA record of having been misclassified as having an impairment The individual has:

An impairment not limiting a major life activity, but treated as disabled by the covered entityorNo impairment, but treated as disabled by the covered entity recovering alcoholic or addict* * Does not include current, illegal drug abusers. ** (34 Code of Fed Reg. Part 104.3)Section 504 January 23, 200243Section 504 Disability DefinedSelf-careManual tasksWalkingSeeingHearingSpeakingBreathingSittingStandingReachingThinkingConcentratingInteracting with othersLearningWorkingMajor Life Activities** Major life activities include:** (34 Code of Fed Reg. Part 104.3)Section 504 January 23, 200244Section 504 Disability Defined Record of Impairment**A history of impairment

or

A record of having been misclassified as having an impairment** (34 Code of Fed Reg. Part 104.3) The individual has:Section 504 January 23, 200245Section 504 Disability DefinedAn impairment not limiting a major life activity, but treated as disabled by the covered entityor

No impairment, but treated as disabled by the covered entityRegarded Impaired**The individual has:** (34 Code of Fed Reg. Part 104.3)Section 504 January 23, 200246Levels of Service General Education

Section 504

I.D.E.A.Section 504 January 23, 200247IDEA/504 StudentsStudents are qualified under one or more of thirteen (14) IDEA disabling conditions. Specially designed individual education programs are planned for each student by IEP teams.Section 504 Students OnlyDue to substantial mental or physical impairments that limit one or more of the students major life activities, special accommodations to the students program are required. A 504 accommodation plan is designed for each student according to individual need.Examples of potential 504 disabling conditions not typically covered under IDEA are: communicable diseases HIV, tuberculosis medical conditions asthma, allergies, diabetes, heart disease temporary medical conditions due to illness or accident Attention Deficit Disorder (ADD, ADHD) recovering alcoholics and addicts other conditionsStudent PopulationRegular educationonly students504 only studentsIDEA & 504studentsSection 504 January 23, 200248Historically in thisarea. Who gets a 504?GENERALLY, the studentswith:

Temporary disabilities (substantial & extended)Permanent disabilities

Section 504 January 23, 200249IS THERE AN ACTUAL OR PERCEIVED DISABILITY ANDIS A MAJOR LIFE FUNCTION LIMITED SUBSTANTIALLY?DOES EVERYONE GET A 504 PLAN WHO ASKS FOR ONE?

NO!!!!!Section 504 January 23, 200250What Does This Mean to Schools?We must provide an appropriate education such that:

Educational services are designed to meet the individual needs of children with disabilities as adequately as the needs of non-disabled persons are met (accommodations).

Each child with a disability is educated with non-disabled children to the maximum extent appropriate to the needs of the child with a disability.

Procedural safeguards for student and parents rights are in place.

Section 504 January 23, 200251What Does This Mean to Schools?(continued)We must provide an appropriate education such that:

Nondiscriminatory evaluation and placement procedures are to be established to guard against misclassification or misplacement of students, and periodic reevaluation of such students.

Must be individualized

Must be conducted before initial placement and a subsequent significant change in placement.

Section 504 January 23, 200252What Does This Mean to Schools?(continued)Nondiscriminatory evaluation that:

Instruments used must be valid for the purpose in question and must be administered by trained personnel.

Must assess specific areas of need not just general intelligence, i.e., academic, social, emotional, fine and/or gross motor skills, etc.

Must reflect aptitude not sensory limitations or lack of English language fluency.

Section 504 January 23, 200253What Does This Mean to Schools?(continued)In making placement decisions, Section 504 placement teams:

Must be multi-disciplinary

Must be knowledgeable about the student

Must consider a variety of documented information:Teacher recommendationsReports on the students physical conditionThe students social /emotional behaviorSection 504 January 23, 200254The classroomLesson presentationTest takingBehaviorsIntegrated support services

These reasonable accommodations are selected (not negotiated like an IEP) by a multi-disciplinary team.The student, where feasible should attend the meetingInvite the parent(s)/guardian(s) to the meeting(s). (this is wise although not required by law)What Does This Mean to Schools?(continued)Some of these include:

Instructional supportAssignmentsOrganizationNursing considerationsTransportation

Section 504 January 23, 200255Some kids need special education Others need something special in their education.Education Week, June, 1998A Guiding QuotationSection 504 January 23, 200256Comparison of IDEA & Section 504IDEASection 504 of the Rehabilitation Act (504)Year Enacted19751973Legal Citation20 U.S.C. 1400 et seq.34 C.F.R. Part 30029 U.S.C. 79434 C.F.R. Part 104Type of StatuteFederal funding statute providing federal aid to states that ensures the provision of free appropriate public education (FAPE) to children with disabilitiesCivil rights statute protecting individuals with disabilities from discrimination in programs and activities receiving federal fundsSection 504 January 23, 200257Comparison of IDEA & Section 504(continued)IDEASection 504 of the Rehabilitation Act (504)Who is CoveredInfants and toddlers with disabilities 0-2; children 3-21 who meet the definition of a preschool child with a disability or one of the 14 categories of disabilities applicable to school-age childrenAny person with a physical/mental impairment which substantially limits one or more major life activities (e.g., self-care, manual tasks, walking, seeing, hearing, breathing, learning, working), who has a record of such an impairment, or is regarded as having such an impairment.Section 504 January 23, 200258Comparison of IDEA & Section 504(continued)IDEASection 504 of the Rehabilitation Act (504)Major ProvisionsEnsures procedural safeguards and the right to free appropriate public education in the least restrictive environment in accordance with the IDEANo otherwise qualified individual with disability shall solely by reason of his or her disability be: excluded from participation in, denied the benefits of, or be subjected todiscrimination under any program or activity receiving federal financial assistance.Section 504 January 23, 200259Comparison of IDEA & Section 504(continued)IDEASection 504 of the Rehabilitation Act (504)DisciplineAny suspension of more than 10 consecutive days or more is a significant change of placement triggering the procedural safeguards of IDEA, including the right to remain in the current educational placement pending appeals.

Cumulative suspensions of more than 10 days within the school year may trigger the procedural safeguards under the IDEA.

Cannot terminate FAPE as a disciplinary measureDistrict must reevaluate the child prior to any suspension of 10 days or more.

Is there a nexus between the childs disability and the behavior complained of? If yes, the child may not be suspended for more than 10 days unless the behavior is drug sales or weapon(s) related.

No automatic right to remain in the current educational placementSection 504 January 23, 200260IDEA, Section 504 and ADAIDEASection 504ADAInternal Grievance ProcedureState complaint procedure required (34 CFR 300.600)Requires districts with 15 or more employees to designate a 504 compliance officer and a grievance procedure to investigate complaints alleging non-compliance with 504Requires public entities with more than 50 employees to designate a compliance officer and a grievance procedure to investigate complaints alleging non-compliance with the ADASection 504 January 23, 200261IDEA, Section 504 and ADA(continued)IDEASection 504ADAProtection Against RetaliationIncorporates prohibition against retaliation, intimidation, coercion, threats, and discrimination found in regulations under Title VI of the Civil Rights ActExtends protections to non-disabled individuals who have testified or participated in any manner in an investigation, proceeding, or hearing under the ADASection 504 January 23, 200262IDEA, Section 504 and ADA(continued)IDEASection 504ADACompliance/ EnforcementOffice of Special Education Programs (OSEP); SED noncompliance may result in loss of IDEA funds and state aid, Administrative appeals and/or courtsOffice for Civil Rights, United States Department of Education (OCR) noncompliance may result in loss of all federal funds, Administrative appeals and/or courtsOffice for Civil Rights, United States Department of Education (OCR) noncompliance may result in loss of all federal funds, Administrative appeals and/or courts

Section 504 January 23, 200263IDEA, Section 504 and ADA(continued)IDEASection 504ADASelf-EvaluationRequires recipients to conduct a self-evaluation to identify discriminatory policies and steps to modify any discriminatory policies and practicesBy January 26, 1993, districts were required to update [their] 504 self-evaluation to assure compliance with the ADA which must involve constituent groups.

Section 504 January 23, 200264IDEA, Section 504 and ADA(continued)IDEASection 504ADASchool Board PolicyRequires written policies advising parents and their disabled students of the districts responsibility to identify, evaluate and provide FAPE to children with disabilitiesSection 504 January 23, 200265Formsand ProceduresSection 504 January 23, 200266The 504 Multi-disciplinary Team ProcessChoose multi-disciplinary team members knowledgeable about the child (always include teachers that will be impacted by accommodation plan).

Remember, if the principal/superintendent are a part of the initial team, this will impact the grievance process.

Choose a chairperson of the meeting prior to the meeting (if there isnt a permanent chairperson).

Section 504 January 23, 200267The 504 Multi-disciplinary Team Process (continued)Define the conduct and process of the meeting:Explain that the process is completely different than an IEP meeting.Explain that neither the parent nor the advocate is a part of the schools multi-disciplinary team.Explain that the multi-disciplinary team decides on the appropriate accommodations.Explain that the team may hear the parents and/or advocates (or even the doctors) recommendations; however, the team decides the qualifications and the accommodations, if any.

Section 504 January 23, 200268The 504 Multi-disciplinary Team Process(continued)Read the Section 504 Rights to the parent and student (if necessary, have an interpreter present, if possible, to translate).

Examine all data to determine qualifications, if any.

The parent may provide input as to behaviors observed that will assist the team in making its decision.

If the team finds that the student does not have a mental or physical disability that SUBSTANTIALLY limits one or more major life activities, the team informs the parent and/or the advisor and explains why.Section 504 January 23, 200269The 504 Multi-disciplinary Team Process(continued)If the student does not qualify the team must meet with the parents and discuss the committees decision.

The team examines criteria to ensure that the student qualifies for Section 504 (i.e., the student has a physical or mental disability, which SUBSTANTIALLY limits one or more major life activities).

If the student does qualify, the team discusses the students needs to provide appropriate accommodations that will provide equal opportunity (not necessarily the same) for participation in the learning process.

Section 504 January 23, 200270The 504 Multi-disciplinary Team Process(continued)If the student does qualify, the team decides on appropriate accommodations for the student from the Menu of Services and 504 Accommodation forms.

Include parent and student responsibilities in plan (to ensure and maximize success).

Remember: the student is only eligible to receive special education accommodations if he/she qualifies (use IEP process in that case).

Explain that the parent does not have to agree to the plan in order for the team to proceed with providing accommodations for the student.

Section 504 January 23, 200271The 504 Multi-disciplinary Team Process(continued)Explain the grievance process.

Be sure to have the parent(s)/guardian(s) sign to the fact that his/her/their rights have been explained and that a copy of these rights has been provided to him/her/them.

Tell the student and the parent/guardian that the formal written plan (if the student qualifies) will be sent.

If the student does not qualify, or qualifies but does not require accommodations at this time, inform the parent at the meeting (follow-up in writing) and plan to review the case at least once within the year.

Section 504 January 23, 200272The 504 Multi-disciplinary Team Process(continued) Once a plan has been written, monitor to ensure that:

accommodations are implemented.interventions and accommodations are successful (revise plan as needed).Annual reviews need to be completed.

Section 504 January 23, 200273The accommodations are devised by the 504 Multi-disciplinary Team made up of persons knowledgeable about the student.

Obtain all the signatures.

Be sure to include End of Service dates.

Give parents the Rights Notification page/pamphlet.

Send the meeting notices.Dont Forget!!!Section 504 January 23, 200274Annual review is required and modifications of the plan should be implemented where needed.

Be cautious about offering accommodations which become funding issues, e.g., a lap top computer will be provided to student.

RecommendationsSection 504 January 23, 200275Remember no matter whatrace, gender, or abilityeveryone,if given the opportunity,support & encouragement,can learn & succeed.-E.L. Anderson 1994A Quote To Think About!!??!!Section 504 January 23, 200276504 Sample CaseStudent Information: Seventh grade male Suffers from severe asthma (severe: regular wheezing, IPPB treatments, inhaler, etc.)The Process:Referral P.E. teacher refers student to the A.P. because student refuses to run, defies authority. A.P. or interviews student. Student informs A.P. of his asthmatic condition. A.P. contacts 504 Committee leader.Section 504 January 23, 200277504 Sample Case (continued)The Process (continued):Pre-assessment 504 Team begins collecting data: School nurse Interview P.E. teacher Parent interview Check student records (cum/medical) Contact family doctor

Section 504 January 23, 200278504 Sample Case (continued)The Process (continued):Meeting Send notice of 504 Committee meeting to parent.

Hold 504 Committee meeting.

Assessment/data affirms a YES to disability and 504 accommodations eligibility.

Section 504 January 23, 200279504 Sample Case (continued)The Process (continued):Plan Development 504 Plan developed by committee to meet students accommodation needs. Possible Options:Follow-up Notification of committee decision sent to parent along with explanation of parent rights and copy of Accommodation Plan form.

Monitoring of student and scheduling of periodic evaluation.Section 504 January 23, 200280Section 504 Sample CasesAsthmaObesityBroken legsGrowth issuesCancerDiabetesHearingVisionADD/ADHDRecovering studentSection 504 January 23, 200281Frustrated???

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