DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRA
Iu 504 presentation
1. Chapter 15
Section 504
ADA
Presentation Created By:
Candy Dunn, Director of Special Education IU1
and
Megan Marie Van Fossan, McGuffey School District
2. Why Are We Here?
• To provide an overview of Chapter 15 - Section
504 of the Rehabilitation Act of 1973 and the
revisions effective 2009.
• To provide an update regarding changes in the
ADA and Section 504 Rehabilitation Act.
• To compare IDEA requirements with Section 504.
• To provide an overview of process, procedures,
forms, parents rights and discipline.
3. A Guiding Quotation
“Some kids need special education…
Others need something special in
their education.”
Education Week, June, 1998
4. 3 Phases of Section 504
• Phase 1: Awareness • 1970’s disability
movement
• Phase 2: Constriction • Court cases:
– Sutton 1999
– Toyota 2002
• Phase 3: Expansion • January 1, 2009 -
ADAAA
5. Section 504 - Phase 1
AWARENESS
• 1973
• 1977 - regulations
needed to enforce
Section 504 were
signed
– Accessible buildings
– Curb cuts
• Very little impact on
schools
6. Section 504 - Phase 1
AWARENESS
•Section 504 is a part of a piece of federal
legislation—the Rehabilitation Act of 1973.
•Prohibits discrimination on the basis of disability
in any program that receives federal funding.
•.Requires a school district to provide FAPE to
each qualified student, regardless of the
disability.
•Designed to “Level the playing field” to ensure
full participation by individuals with disabilities.
7. Section 504 - Phase 2
CONSTRICTION
• Sutton v. United Airlines (1999)
– Mitigating factors
considered when evaluating if
a person has a “substantial
limitation”
IDEA
• Toyota v. Williams ( 2002)
– Severely restricted an
individual from engaging
activities of central importance
& impairment was
permanent or long term
8. Section 504 - Phase 3
EXPANSION
• ADA Amendments Act
– Effective 1/1/09
• In rejecting a series of
U.S. Supreme Court
decisions, the new law
is intended to reinstate
the broad scope of
protection for
individuals with
disabilities.
9. Section 504 - Phase 3
EXPANSION
• Section 504, unlike the
IDEA, “requires a
comparison between
the treatment of
disabled and
nondisabled children,
rather than simply
requiring a certain level
of services for each
disabled child.”
10. Section 504 - Phase 3
EXPANSION
• Broadens the definition and coverage of
“disability” under ADA and the
Rehabilitation Act.
• Ensures that individuals who compensate
for their disabilities are protected from
discrimination.
• Clarifies that “substantially limits” does not
mean “significantly restricts.”
11. EXPANSION
ADA Amendments Act
• Impairment that is episodic or in remission
is a disability if it would substantially limit
a major life activity when active.
• Examples include: epilepsy, asthma,
diabetes, cancer, major depression, and
bipolar disorder
12. ADA Amendments Act
• Requires disability determinations to be
made without considering mitigating
measures
– e.g., medication, medical supplies,
appliances, low-vision devices,
prosthetics, hearing aids and mobility
devices.
– Excludes ordinary eye glasses and contact
lenses
13. Section 504: Disability Defined
Record of Regarded
Physical or Mental Impairment** Major Life Activities**
Impairment** Impairment**
Physiological disorder, Mental or Major life activities The individual has: The individual has:
contagious disease, psychological include:
cosmetic disfigurement or disorder including: • A history of • An impairment not
anatomical loss in one or • Self-care impairment limiting a major life
more system: • Mental retardation • Manual tasks activity, but treated
• Organic brain as disabled by the
• Neurological • Walking • A record of having
syndrome covered entity
• Musculoskeletal • Seeing been misclassified
• Respiratory • Emotional or as having an
• Hearing
• Cardiovascular mental illness impairment • No impairment, but
• Speaking treated as disabled
• Reproductive • Specific learning
• Digestive disabilities • Breathing by the covered entity
• Bowel * • Sitting
• Genito-urinary • Standing ***
• Hemic • Reaching
• Lymphatic
• Thinking ***
• Skin
• Endocrine • Concentrating ***
• Immune System *** • Reading ***
• Normal Cell Growth *** • Communicating ***
• Bladder *** • Interacting with
• Reproductive others
Functions ***
• Learning
• Working
• Substance Abuse
• Eating ***
(recovering alcoholic or
addict* • Sleeping ***
• Lifting ***
• Bending ***
* Does not include current, illegal drug abusers. ** (34 Code of Fed Reg. Part 104.3)
*** Added in new amendments by Congress effective January 1, 2009. Non-exhaustive list.
15. Section 504 vs. IDEA
504 Eligibility IDEA Eligibility
• Has a physical or mental • Meets one or more
impairment definitions of IDEA
disability categories
• Impairment substantially • Disability adversely
limits one or more major affects the student
life activities educational performance
• Requires services to meet • Requires special
educational needs as education and related
adequately as needs of services (specially
non-disabled students designed instruction)
16. Section 504 vs. IDEA
• Establish a “level playing field”; • Remedial – often requiring the
eliminate barriers that exclude provision of programs & services
persons with disabilities. in addition to those available to
persons without disabilities.
• Precludes hurdles to • Students sometimes granted
participation “more” services than children
without disabilities.
• Additional funding
• No funding
• The definition of a disability is
much broader than the definition
under IDEA.
17. 504 and ADA are Civil Rights Acts
• Guarantee non discrimination
for “unalterable
characteristics”
• Guarantee “equal access”
• Section 504 is enforced by the
U. S. Department of Office for
Civil Rights
• Violation of Section 504 may
also result in civil liability
18. But What About Special Ed?
• 504 is simpler, less time-consuming
• 504 generally provides supports and
accommodations vs. services or
modifications
• Keeps some kids out of Special Education
19. Aren’t These Kids All on IEPs?
• Not necessarily
• For an IEP, the student needs to have the
disability and also require specially designed
instruction
• IEPs are limited to 13 specific handicapping
conditions, 504 is much broader
21. Child Find Triggers
• Parent requests an evaluation or 504 plan
• Suspension or expulsion is being
considered
• Academic performance is lower than
expected
• Student is evaluated and is not IDEA
eligible
• Student exhibits a chronic medical
problem
22. More Triggers
• Student transfer to SD with a §504 plan
from another district
• Student is chronically absent due to
medical/health issues
• Student receives medication during the
school day
• Student formerly found not eligible
due to mitigating measures
23. Annual Notice
• On or before the first day of the school year, the
district must inform parents of enrolled students
that the district:
– does not discriminate against protected handicapped
students and
– the district’s responsibilities under Chapter 15
• Notice may be included in a document
reasonably expected to reach the parents of
students enrolled in the district (e.g. school
calendar or brochure)
24. How is a Referral Made?
• Parent request in writing for a 504/Chapter 15
evaluation
• School Staff are concerned about the presence of
a disability or suspected disability
• Site administrator for 504 should proceed with a
Written Notice explaining why either the parent
or the district is seeking a 504/Chapter 15
evaluation and include a copy of the Procedural
Safeguards
25. The Steps
1. Student evaluated
2. Team meets
3. Eligibility Determined
4. (If eligible) Service Agreement written
5. Agreement implemented and monitored
6. Manifestation Determination (Suggests to
follow Chapter 14)
7. Reevaluation if substantial changes
26. Evaluation
• Presence of the Disability
• Impact of disability on school-related
activity
• Level of impact
• Section 504 only requires that the
evaluation be conducted in suspected
areas of need.
27. Evaluation
• “Evaluation” does not necessarily mean “test.” In
the §504 context, “evaluation” refers to a
gathering of data or information from a variety of
sources so that the committee can make the
required determinations.
• The evaluation process should also consider
various other factors, such as teacher
recommendations, physical condition, social and
cultural background, behavior and any
independent evaluations.
28. Dr. Perry Zirkel, Lehigh University, Bethlehem, PA
Extreme
Student exhibits little or no success in all subject areas
Extreme and may need altered curriculum and different standards
for instruction and assessment
Substantial
Substantial Student experiences great difficulty in several subjects
and needs extensive support from teachers and parents.
Student performs below expectations of typical peers.
Moderate
Moderate Student has fair amount of difficulty with a number of
subject areas however with effective instruction student
performs commensurate with typical peers
Mild
Student performance varies from one subject areas to
Mild
the next, but still is within expectations for a typical
student
Negligible
Student demonstrates signs of minimal difficulty with
Negligible specific topics in one or tow subject areas or may benefit
from slight accommodations
29. Impact of Disability
• Without effect of mitigating measures such
as medication, prosthetics, hearing aids,
mobility devices, assistive technology,
learned behavioral modifications
• Does not include eyeglasses or contact
lenses
• For episodic or in remission, consider
effects when active
• Compare to average student
30. Short-term Disability &
Exclusions
• Short term disabilities (such as broken limbs) are
usually not considered if less than six months in
nature – unless substantial impact
• Determination must be made on a case-by-case
basis, taking into consideration the severity and
the duration of the impairment, typically 6
months
• Exclusions: Illegal drugs, gambling, addiction
31. What questions can the Section 504
team members ask?
1. What is the nature and severity of the impairment?
2. What is the duration or expected duration of the impairment?
3. Does the student consistently need substantial changes to
complete assignments?
4. Does the student consistently exhibit difficulties with planning and
organization?
5. Has the student shown a consistent downward slope in academic
progress?
6. Has the student shown a consistent pattern of negative behaviors?
7. Does the student need assistance to participate fully in any portion
of the school day, including those where academics are not at
issue?
32. How is the presence of the disability
determined?
• If parents have a diagnosis/medical, district can
review it and accept it (unless they want to refute
it) - need parental consent
• Parent/family member interviews
• Review of school records
• School observations
• Teacher interviews
• Social/emotional checklists
• Academic assessments
• Formal tools not required
33. Disability Determination
• Physician or psychologist opinion as to student’s
eligibility status is only one source of information
the team should consider. Remember, the team is
making an educational decision, not a medical
decision.
• Students eligible under IDEA are not entitled to a
separate Section 504 plan.
35. Definition of School Days
• Chapter 15 defines school days as the days
of the school district’s academic year PLUS
the 14 calendar days before the beginning
of the academic year and the 14 calendar
days following the completion of the
academic year
36. Team Meets
• Must include at least one or both of the parents
and the school administrator/representative of
the school district
• If determining eligibility, must be people who:
– Know the student
– Know evaluation data
– Know accommodations/supports options
• The team ensure that the plan effectively removes
the barriers created by a student’s disability.
37. Evaluation Report
• Written by the team
• The information obtained from all sources
must be documented and all significant
factors related to the student's learning
process must be considered.
• Carefully considered by the team to
determine eligibility
38. Service Agreement Developed
• Consider area in which there is impact
• “Allows student to participate in and
benefit from public education programs
and activities”
• Physical, instructional, social/emotional/
behavioral accommodations
39. Service Agreement
• No required elements like an IEP
• Goals not required
• Must include a plan for periodic review
• Should appoint a “Contact Person” to
monitor the plan and communicate with
family
40. Service Agreement
• Includes specific related aids, services or
accommodations
• Specify the date the services will begin, the
date services will be discontinued & when
appropriate: the procedures to be followed
in the event of a medical emergency
41. Service Agreement
• Identify student’s disability, major life activity
impacted, and educational impact of disability
• Design a program to suit student needs
• Be sure accommodations are succinct and
realistic
• Review each Section 504 Plan at least on an
annual basis or upon any significant change in
placement
42. Accommodations
• While curricular modifications may be available
to special education students (i.e., reduced
mastery of the grade level curriculum), there is no
modification of the curriculum itself for §504
students. 504 is not about reducing expectations
for disabled students, but providing the types of
accommodations that will compensate for their
disabilities so that §504 students have an equal
chance to compete in class.
43. Placement / LRE
• In the §504 context, “placement” simply
means the regular education classroom
with individually planned
accommodations.
• It does not literally mean taking the child
out of the regular classroom and putting
him someplace else.
44. More About Service Agreements
• May have to pay for extra services - aide support,
therapy, etc.
• May have to make environmental changes
• Provide access to extracurricular activities
• May not exclude from enrollment in challenging
academic programs.
45. Service Agreement Implemented
and Monitored
• Site administrator should ensure that all people
involved with the student have a copy
• Communicate with Contact Person on a periodic
basis about implementation and progress
• Failure to implement a 504 plan can have serious
legal consequences - people can be held
personally liable
46. Review
• No required frequency of review, but it must be
“periodic”
• The plan should specify how often and by whom
it will be reviewed
• Make sure required reviews occur
• Annual review is recommended
47. Special Steps for Discipline
• Same protections for suspension and expulsion as
Special Education students (including pattern)
• 45 days IAEP for weapons, illegal drugs or serious
bodily injury
• Manifestation Determination within 10 days of
decision
• If student is currently using illegal drugs or
alcohol, he/she loses his/her right to
Manifestation Determination
48. Re-evaluation
• The student should be re-evaluated if major
changes to the plan are being considered
• A Student must be reevaluated prior to a
significant change in placement which includes
exclusion from the educational program of more
than 10 school days, transfer to another program
or termination or significantly reducing a related
service.
49. Disagreement with Parents
• Parents should be given their rights at the
beginning (Procedural Safeguards)
• If parents disagree with what district is proposing
regarding assessment, eligibility, or plan, use the
Prior Written Notice form
• Approval not needed for change of placement
• Parents can appeal to the Office of Civil Rights
• No “stay put” as in IDEA
50. §504 Teams Gone Wild
“Johnny will participate on the varsity
basketball team”
“Susie will be in the school choir”
• The sport or activity doesn’t belong in the
plan, only the supports needed for them to
participate
• Students must be “otherwise qualified” as
judged by the same criteria as other
students
51. Consideration for Special Education
• If a 504 student is requiring intensive
services, therapies, or even alternate
placement, consider eligibility for Special
Education.
52. Key Points
• Common regular education interventions such as RtII may
eliminate existence of a “substantial limitation”
• Standard is to compare student to an “average student”.
This means you compare student against chronological
peers in the entire state or country. Different standard of
FAPE than IDEA.
• Do not consider mitigating factors when determining
whether an impairment is substantially limiting
53. Follow-Up Steps
• Following the meeting:
– Copies of documentation from the meeting should be
placed in the student’s permanent folder
– If the student was found eligible, a Section 504 notice
should be placed on the student’s permanent folder.
– All staff serving the student should be notified of the
student’s eligibility and their roles in providing
accommodations. These staff should receive a copy of
the accommodation plan.
– It is best practice that the plan be reviewed on an
annual basis, or more often if needed, and modified as
needed.
54. Section 504 Policies &
Procedures
• School districts need to revise Section 504
policy, procedures, and forms to conform
with the new changes to Section 504.
– Given the new changes under the 2008 Amendments,
it is critical that school districts adopt clear and
concise Section 504 policies, procedures, and forms
that comply with the new definitions of major life
activity and substantial limitation.
Notas del editor
M-
Show chart handout on WIki
Schools often drag their feet in providing needed services to children under Section 504 because of the lack of funding but their legal obligation may be no less than IDEA. LEAs do not receive funding specifically for the implementation of non-discrimination laws, but are not excused from making expenditures that are necessary to ensure equal access in all settings where this law applies. Additionally, while federal funds are provided for implementation of IDEA, under Section 504, federal funds are not provided, although the obligation to comply remains. Cost considerations do not limit a district's responsibility to provide FAPE under Section 504.
These laws are Civil Rights Acts and to fail to provide the protections would be a violation of Civil Rights law. WHAT HAPPENS IF A DISTRICT DOES NOT COMPLY WITH SECTION 504? OCR attempts to bring a district into voluntary compliance through negotiation of a corrective action agreement. If this is unsuccessful, OCR may initiate proceedings for suspension or elimination of federal funds that school districts receive for programs and services (Executive Order 11914, 41 Fed. Reg.17871(1976). OCR also may refer the case to the Department of Justice for judicial proceedings.
M- Basically, if the student needs special ed services, or goals, or regular monitoring, the IEP is the best choice.
F- Discuss some cases where kids are not Special Education eligible. Kids in wheelchairs, with orthotics, asthma, etc.
McGuffey sends with bus assignments Show PDE Sample Annual Notice to Parents
Within 25 school days of receipt of the parents’ written request for the provision of service, the district shall evaluate the information submitted by the parents and send a written response to the parents’ request
F- This is a lot less complicated than Special Education.
F- Show the Consent for Evaluation form again and the various sources of information that should be used. These are the three areas that need to be determined in the district’s evaluation, if not, we will lose cases.
One of the greatest challenges is determining what is the level of limitation. This scale gives good descriptors to help 504 committees to make that determination. Let’s look at each level: Negligible Mild Moderate Substantial – Meets essential part of criteria for 504 eligibility Extreme – Also Meets essential part of criteria for 504 eligibility but may indicate the need to consider for special education referral
F-
F- Review
If the district determines, after review of information provide by the parents, that it needs additional information before it can make a specific recommendation, the district shall ask the parents to provide additional medical records and grant the district permissionj to evaluate the student. The district request shall be in writing and specifically identify the procedures and types of tests that it proposes to use to evaluate the student & inform the parent that they have the right to give or withhold their written consent to the evaluation. Show PDE sample “Notice of District-Initiated Evaluation”
F-
Refer to Sample Calendar - McGuffey Calendar
There is no specific Invitation - can develop one similar to Invitation for Chapter 14
Write clear Service Agreements. For example, rather than providing an accommodation “as needed,” indicate who will determine that the accommodation is needed. Sometimes will provide actual therapies, such as OT, SLP. Aide support could be provided.
M-
M- Mention Doe Vs Withers
M-
Show the Manifestation Determination document from McGuffey.
Parental consent is not required for reevaluations of students on Section 504 Plans. - OCR Decision Guidance
PDE’s Grievance Procedures Show PDE sample of Procedural Safeguards - review each section 1) Parental Request for Assistance 2) Request Resolution 3) Informal Conference 4) Formal due process hearing
M-
Provide all of the student’s teachers with a copy of the Section 504 Plan at the beginning of the school year and have them sign off on having received it. Include staff in charge of the student’s extracurricular activities in cases where it is determined that it would be appropriate.