§504 CAMPUS DESIGNEE TRAINING

Janice Greer DeHaven, Director

Janet Tracy, Program Coordinator

North East Independent School District

2017-2018 update

§504 DesigneeSupport

Meetings

■ Quarterly meetings

are scheduled to

provide updates to

legal information,

training, and

troubleshooting.

■ Assistance with the

eSped software will

be announced.

Use the NEISD Resources §504 webpage!Log in/Departments/Divisions/Instruction/504/Employees

General Public Information

■ Understands §504 policies, procedures, and decision-making processes; attend trainings

■ Provides annual §504 overview for faculty/staff You schedule. Presentation on website

■ Posts Notice of Non-Discrimination This is the legal size yellow poster from Risk Management

■ Uses district software to manage records (eSped)

■ Maintains master list of §504 eligible students

■ Serves as campus initial point of contact for inquiries and referrals

■ Manages student referrals for audit record

■ Ensures §504 referral, evaluation, and placement procedures are followed

■ Schedules and invites parents/staff to §504 meetings

■ Disseminates accommodations to all staff and maintains receipts from teachers

■ Works with the principal to ensure accommodations are implemented and documented for use

■ Consults with the district §504 team when clarification is needed

■ Notifies the principal and the district §504 team member of unresolved or sensitive issues

■ Transfers records for new school enrollment

■ Prepares documents as needed for summer programs

§504 CAMPUS COORDINATOR/DESIGNEE RESPONSIBILITIES

Section 504 is…

Civil Rights Legislation

– protect persons with disabilities

by preventing any form of

discrimination based on

disability

– focus in schools is on non-

discrimination and equal

educational opportunity for

eligible students with disabilities

– appropriate

accommodations/services

– ensure an equal opportunity to

participate in extra-curricular

and non-academic activities

■ An eligible §504 student is still

one who:

– has a physical or mental

impairment which

substantially limits one or

more major life activities

– has a record of such an

impairment or– is regarded as having

such an impairment

■ KEY -

– an impairment /disability

/medical condition AND a

substantial limitation

Th

inkin

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ap

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ma

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Is there evidence of an impairment?

Does it substantially limit the student in a

major life activity?

Identify MLA and necessary

Accommodations in a §504 plan

Not eligible under §504

Not eligible under §504

YES NO

YES NO

Eligibility

■ The §504 committee must base their decisions on the extent to which the student requires accommodations to have equal access to all phases of the school experience.

– not on an educational need (special education qualification)

– not on the end grade result

■ Advanced Placement/Honors students could be eligible for protection under §504 due to other qualifying conditions

Department of Education

Special Education

Specially Designed Instruction, Services, Supports, Intervention

Comprehensive Educational Evaluation Process

13 Specific Qualifying Conditions in Federal Law

All are associated with EDUCATIONAL NEED

Eligibility results in an IEP

Office of Civil rights

General Ed

Not a program

Not an intervention system

Access Accommodations “Level the Playing Field”

Equal Access does not give unfair advantage

Evaluation Process Reviews Sources of Data

Eligibility results in an IAP

Process to address skill gaps

Data collection to monitor progress

No “qualifying criteria”

Intentional intervention to maintain a positive learning

curve

May identify an individual needing further assessment due

to a suspected disability

Federal Law:

Individuals with

Disabilities Education

Improvement Act

Federal Law: §504 of

the Rehabilitation Act

Civil Rights

Legislation

RTI – Tutoring – WIN

RAP – MAP

School-wide

Interventions

1486

2895

2728

3330

3054

3444

3621

3706

3778

4278

BOY 2013-14

EOY 2013-14

BOY 2014-15

EOY 2014-15

BOY 2015-16

BO3rd 2015-16

Spring Break

BO4th 2015-16

EOY 2015-16

EOY 2016-17

Growth of Section 504 Students Served in NEISD

Over 4 years

grown by

2,792 students

–enrollment

tripled

NEISD Trends in Types of Disabilities Served Through §504

Dyslexia

27%

Other

73%

“Other” Category Includes

ADHD

Allergies

Anxiety

Asthma

Auditory Impairment

Behavioral Conditions

Cancer

Diabetes

Medical Diagnosis

Mental Health

Orthopedic Condition

Psychological Condition

Visual Impairment

ETC.Spring 2016 data

Eligibility under §504

Consider all aspects of the school day and setting:

– Instructional / testing accommodations

– physical access accommodations to navigate the campus or classroom materials and equipment

– behavior accommodations

– medical interventions and health services

How do Mitigating Measures impact decisions?

A student is considered disabled under §504 – if he has an impairment

– that would substantially limit him

– in a major life activity if

The student is not taking advantage of mitigating measures…(except in the instance of contact lenses

and glasses.)

■ A common example is medication. – Factor OUT when determining eligibility– Factor IN when determining accommodations

Focus equal access and provision of support

as if the mitigating measures are not present.

Substantial Limitation

■ The standard used to determine if an impairment

results in a substantial limitation is average

performance in the general population, not just

within a classroom, a school or the district

■ The standard is not based on a student’s optimal

performance level – rather access to participate

equitably

How does the disability limit equitably access?

Major Life Activities Major Bodily Functions

• Bending

• Breathing

• Caring for one’s self

• Communication

• Concentrating

• Eating

• Hearing

• Learning

• Lifting

• Performing manual tasks

• Reading

• Sleeping

• Standing

• Bladder

• Bowel

• Brain

• Circulatory

• Digestive

• Endocrine

• Functions of the immune system

• Neurological

• Normal cell growth

• Reproductive System

• Respiratory

• Seeing

• Speaking

• Thinking

• Walking

• Working

Eligibility Decision-Making:

Consideration -Referral does not Guarantee a Plan

■ A student who is determined to have a disability is not automatically eligible under §504.

■ A student who is considered for §504 does not always mean they will be eligible.

■ disability must substantially limit ...

■ data must support the need in the area of the disability.

■ school staff must use all data and professional judgment to determine eligibility.

Two Types of Eligible Students

Consider all accommodations:

Instructional, Testing, Physical,

Medical, Behavioral….

Dyslexia with reading services,

Diabetes

Epilepsy

Muscular Dystrophy

Medical/Health with services at school

– Medication

– Breathing, feeding, suctioning treatments

– Written orders from a physician

– Emergency/rescue plans

Technical Eligibility

If the evaluation committee has determined that the student has an impairment which causes substantial limitation in a major life activity

HOWEVER

– mitigating measures are used proactively

– the student does not demonstrate a need for further provision of accommodations …

service plan would not need to be generated.

the student is §504 eligible, technically

document these details in eSped.

student is §504 on a monitor status.

Technically Eligible Examples

the method described above where the student by mitigating measures does not require a service plan

the student has an impairment in remission, that was once covered in a §504 Plan

the student/ parent has revoked consent for Section 504 services.

Episodic Impairments

■ Students commonly qualify under §504 if their condition, while not constant, episodically rises to the level of substantial limitation of a major life activity.

■ Describe it in the evaluation!

– Examples:■ Allergies, Asthma, Migraine

headaches

■ A student with an episodic impairment should be referred for §504 consideration.

Health Services

■ Health services delivered by a school nurse/ trained personnel may be a required related aid/service, if necessary for a student with a disability to effectively participate at school

– OCR considers medication administration by school staff a related service under §504

– Other related health services could include routine medical interventions by the nurse/clinic staff

Students with Health Plansare eligible when they have a health impairment that substantially limits a major life activity

– If medication /treatment is administered outside of school – student is technically eligible if no other accommodations are needed

– If clinic provides meds, treatments, services –accommodations in the §504 Plan

§504 Assessment

■ Individual Health Care Plans

■ Medication Orders signed by the medical doctor

■ Action Plans, Rescue Medication/Procedures

■ Emergency Plans for Students with Mobility Needs

Instructional Accommodations– routine and consistent basis

– must be written into a §504 Plan and monitored.

– Documentation of monitoring has been requested on OCR complaints…and not always available.

■ Intended to level the playing field and provide access,

– not to provide an unfair advantage or maximize the student’s potential.

■ Reasonable, aligned with the area of impairment.

■ When written into the §504 Plan, the teacher must provide accommodations as specified in the accommodation plan.

Great stories… but what can I send to OCR?

Testing Accommodations

■ Needed on a routine and consistent basis

■ Documented in the §504 Plan.

■ State assessment accommodation decisions must meet TEA criteria for both the type of accommodation requested and the student eligibility for the accommodation.

– Data must indicate that the student uses and requires the accommodation on assessments.

– Data must support that each accommodation results in improvement when used by the student as compared to when it is not used.

Accommodations go beyond academics and instruction

Environmental, Physical or Medical/Health

Behavioral

WHAT DOES EVALUATION UNDER §504 LOOK LIKE?

§504 Evaluation Dyslexia Assessments

Review of Medical Record

Review of Psychological Reports

Analysis of teacher checklists

Review of Audiology Reports

Review of Vision Acuity or Function Reports

• Will differ per student depending on the nature of the suspected disability

• Is valid for the specific purpose for which it is intended

• Is administered or reviewed by trained personnel

• Is tailored to assess specific areas of educational need

Reading Specialist, Instructional Intervention Teacher

Campus Nurse

Counselor, School Psychologist

Staff with expertise in the area of consideration

Itinerant Teacher for AI, School Audiologist

Itinerant Teacher for VI

Respond to every Parental Request for Evaluation…

■ Discuss specific concerns with the parent

■ Review the existing evaluation data

■ Consult district personnel who are knowledgeable about the student

■ Administer routine district screening instruments if appropriate

■ Request medical documentation to substantiate impairment

If there is no evidence of a disability or suspected disability don’t make one up!

Identify the concern and how to address it in other ways!

Lack of response could trigger an OCR complaint

TimelineUpon parent or staff request when evidence of a disability is provided or suspected

• Schedule meeting within 10-15 school days• Two to three weeks is reasonable

• Send Notice of Meeting, Parent Input forms and Parent/Student Rights• Request Teacher Input

• Gather other Evaluation Data

• may be provided by the parent or outside professionals

• Assist in accessing by requesting parent signs consent to share with their professionals

Refer to the §504 Decision-Making Process

Parent and Student■ Notice of Parent and Student Rights

■ Written notice of all District decisions concerning §504

■ Review student’s records

■ Consent to initial provision of §504 services

■ Revoke consent for continued §504 services

■ Appeal the decisions of the §504 Committee

■ Impartial hearing

■ File a complaint with the Office for Civil Rights

■ Lack of implementation and documentation of accommodations included in the IAP is a violation of the foundational rights of §504

Periodic

■ All students in §504 must be periodically reevaluated.

■ Reevaluation must occur in a §504 Committee Meeting at least every three years

– New documentation of disability is a reevaluation

– a Manifestation Determination Review can be documented as a reevaluation and meet this requirement when new information is reviewed.

– Reevaluation occurs prior to any significant change of placement.

■ Expulsion or suspension for ten or more cumulative days is a change of placement.

Manifestation Determination

■ Conduct a §504 Manifestation Determination if a student starts exhibiting a pattern of behavior and when meeting with a parent to discuss disciplinary consequences leading to 10 or more consecutive days out of placement – expulsion/suspension

■ Needed for students who have a §504 Plan with accommodations

andfor those who have a

monitor only 504 plan.

Does anyone from §504?

■ Students with diagnosed disabilities who receive services through Section 504 will virtually always qualify unless the condition changes.

■ Parents/adult students are encouraged to provide a new doctor report every year, but failure to do so cannot result in removal.

– The school needs only to have knowledge of the condition…

NEISD uses eSped to

maintain the official§504 Student Record

■ ARCHIVE Appropriately

■ Blank Boxes

■ Current student information

■ Dyslexia: SERVICES are not Accommodations –must do “road trip” supplement page

■ Evaluation Information addresses the disability (School and Parent/outside)

■ Facts and Data

■ Guidance is available: edocs and ASK!!

Janice Greer DeHaven (Jan)

Director for Section 504

Office: 210-407-0249

Cell: 210-854-5868

jdehav@neisd.net

?

Janet Tracy

Coordinator for Dyslexia

Office: 210-407-0283

Cell: 210-489-0722

jtracy@neisd.net