Section § 504: AGENDA
AuthorityDefinition/Who is coveredProcesses & ProceduresIHP, 504, IEPTeam MembersAccommodationsBest Practices
§ 504: AuthorityOCR is the administrative authority to
enforce § 504 (1973; ADAAA 2008)State departments of public instruction have
no enforcement authority for issues arising under § 504
LEAs must identify the person responsible for ensuring compliance
§ 504 provides procedural safeguards
Who is covered?To be protected, a student must be determined to:
1 Have a physical or mental impairment that substantially limits one or more major life activities ; or
2 Have a record of such an impairment; or3 Be regarded as having such an impairment
34 CFR § 104.3(j)
Drill down deeper(1st prong) Have a physical or mental
impairment that substantially limits one or more major life activities (this generally creates the catalyst for referral for Section 504 plan)A physical or mental impairmentThat substantially limitsOne or more major life activities or major
bodily function
Substantial Limitation…is the inability to perform a major life
activity or major bodily function when compared to how the person in the general population performs the same major life activity or major bodily function
Major Life Activities…means functions such as caring for
one’s self; performing manual tasks; walking; seeing; hearing; speaking; breathing; learning; or working
ADAAA08 added…reading, concentrating, thinking, sleeping, eating, lifting, bending, communicating, and the operation of a major bodily function such as the immune system, normal cell growth, digestive, bowel, bladder functions
§ 504 Intent
The question of whether an individual’s impairment is a disability under the ADA
should not demand extensive analysis
Did you know…
An impairment in and of itself is not a disability. The impairment must
substantially limit one or more major life activities in order to be considered a
disability under§ 504
Cultural, Economic, & Environmental Factors
….three parts of definition specifies physical and mental disabilities…thus, cultural, economic, and environmental factors are not themselves covered. Such as…
-Homeless -Migrant-Poverty -Divorce-ESL -Military
deployment-Attendance problems -Death or other
family crisis
Annual Notice of Nondiscrimination• A recipient that employs 15 or more people• Initial and continuing steps to notify
participants, beneficiaries, applicants, and employees
• Does not discriminate in admission or access• Shall identify the official responsible for
ensuring compliance• Multiple methods of dissemination• If the service area contains limited English
language, public notifications must be disseminated in native language
Annual Notice Scenerio: What’s missing?
In compliance with Federal Law, Best Bet Schools administers all education
programs, employment, and admissions with out discrimination against any
person on the basis of gender, race, or religion
Child FindA public elementary or secondary education
program shall annually:Undertake to identify and locate every
qualified handicapped person residing in the recipient’s jurisdiction who is not receiving a public education; and
Take appropriate steps to notify handicapped persons and their parents/guardians of the recipient’s duty under this subpart
Clarifying terms and degrees of impairment/disability
Temporary impairmentIndividual Health Plan (IHP)
Section 504Individual Education Plan
(IEP)
Temporary ImpairmentA temporary impairment does not constitute
a disability for purposes of Section 504, unless its severity is such that it substantial limits a major life activity for an extended period of time
Case-by-case basisConsideration of 1) duration of impairment
and 2)extent to which it limits major life activity
IDEA SECTION 504Funding Statute Non-funding statute
Discrete categories of disabilities Broadly defines disabled children
Procedural Due Process Procedural Due Process
“Pure” Section 504 children are not covered under IDEA
All IDEA children are covered by Section 504
IEP’s reasonably calculated to convey educational benefit
Meet the needs of the disabled students as adequately as non-disabled
Child Find Child Find
Consent for Evaluation Consent for Evaluation
Side-by-Side: IDEA and § 504IDEA SECTION 504
Evaluation Evaluation
Eligibility-Adversely Affects Eligibility-Substantial Limitation
Annual Review No Annual Review (mandated)
LRE LRE
Consent for Placement No consent for placement
Special Education Accommodations
Re-evaluation Re-evaluation
Discipline-Manifestation Discipline-Manifestation
Individual Health Plan (IHP)Responsibility of School Nurse to develop State policy (not federal statute) Each LEA shall make available a
registered nurse for assessment, care planning, and on-going evaluation of students with special health care service needs
IHP; Section 504; IEPWith a partner or small group:Discuss the similarities and differences
between an Individual Health Plan (IHP), a Section 504 Plan, and an Individual Education Plan (IEP)
When would you choose one or the other?When is an IHP enough and when do you
need a 504?
Did you know….Q: How should the school respond if
parents reject IDEA eligibility and demand a 504 plan?
A: Parents may not reject the IDEA services and then expect the school to develop a 504 plan. A rejection of services under the IDEA amounts to a rejection of FAPE under Section 504.
Did you know…
A 504 plan is not legally sufficient to substitute for an IEP. IDEA sets out
specific requirements for the development and content of a student’s
IEP
Section 504 Plans & IEPsSection 504 eligibility is not a consolation prize
for students who do not qualify for special education (Zirkel, P. Lehigh University)
IDEA regulations do not allow a 504 plan to substitute for an IEP. The IDEA and its regulations set out specific requirements for the development and content of a student’s IEP. (Letter to Morse, OSEP: 10-03-03)
Consent for Evaluation: 504
Must have parent consent for evaluation but not required to have
parent consent for services
Eligibility ProceduresMust draw upon information from a variety of
sourcesDocument and carefully consider all
information, including any new dataTeam decides…group should be
knowledgeable about condition, student, context, capacity
LRE appropriate appropriate to learner
Accommodation PlanEvaluation drawn from a variety of sources-
traditional and nontraditional sources (including aptitude/achievement measures, medical documentation, psychological evaluations, curriculum-based, teacher anecdoctal notes, etc.)
Developed in accordance to LEA procedures
Accommodation PlanReviewed (best practice annually) as
appropriate (frequently as needed)Documented and coherentIncludes supplemental aides, related
services, field trips, recess, lunch, clubs, athletics
Written by the team, communicated & disseminated
Procedures should be in place to monitoring plan implementation
Team Members (Multi-disciplinary committee)
Speech, OT, PT, child nutrition-match to child’s documented needs
General Educator(s)School NurseSchool CounselorAdministrative personnelParent, Student, Advocate
Persons knowledgeable about child, meaning of data, placement options
ImplementationGeneral education teachers must implement
the provisions of the Section 504 plans when those plans govern the teachers’ treatment of students for whom they are responsible. If the teachers fail to implement the plan, it can cause the LEA to be in noncompliance
If teachers do not implement the § 504, the majority of times, it is a miscommunication issue
State Testing Accommodations
Use NCWISE “testing accommodations chart” form
www.ncpublicschools.org/accountability/policies.tswd
Accommodations that are listed on Section 504 Plan must be used
routinely in classroom instruction, classroom assessments, and on state
assessments
Procedural Safeguards
Notice to parent with accompanying documents Re-evaluation before a significant change in
placementGrievance proceduresDesignation of employee responsible for
compliancePublic notice of nondiscrimination policy
Procedural Safeguards (cont.)Parents rights to review educational records,
appeal any decision regarding evaluation and placement through an impartial hearing
Discussion questionsDiscuss how your LEA does the following:What processes are in place for transfer
students?What constitute reasonable services under
504?What procedures are in place for 504 re-
evaluation?What procedures are in place to monitor plan
implementation?
Best Practices
Annual Review Parent, student, professional that matches
need (eg Child Nutrition) at team meetingConsent for placementMultiple sources of data Instructional and testing accommodations
matchMore detail is better than not enough detail
Best PracticesBe proactive-provide accommodations listed
in the Section 504 plan; don’t wait for a student to request them
Delineate roles and responsibilities for services as well as disability discrimination complaints
Do not use learning as the only gauge of § 504 eligibility
Update forms
Section 504 Resourceshttp://www.uwsp.edu/education/pshaw/
Portfolios/KIM%20MEISSEN/inetpub/SOEportfolio/504resources.html
www.eeoc.govhttp://wrightslaw.com/ http://www2.ed.gov/about/offices/list/ocr/504f
aq.htmlLRP.com
Future DirectionsCreate state guidance documentFacilitate professional development Create process through NCWISE to collect
annual reporting data (headcount and/or accommodations)
Testing Accommodations Chart-accountability www.ncpublicschools.org/accountability/policies.tswdContinue collaboration between and among
agencies (Child Nutrition, Exceptional Children, School Nurses, etc)
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