Download Section 504 For New 504 Coordinators

Section 504
For New 504
Coordinators
What is 504
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Major federal legislation that impacts
entities that receive federal funding
Civil Rights legislation for persons with
disabilities to prevent discrimination
Meet the definition of disability
Focuses on employment, program
accessibility, preschool, elementary
and secondary education and post
secondary education, health welfare
and social services
Covers many children not eligible for
services under IDEA
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Who Is Covered?
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Disabled persons defined as individuals—
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First Prong has a physical or mental impairment
which substantially limits one or more major life
activities or major bodily functions
Second Prong has a record of such an
Impairment
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Third Prong is regarded as having such an
impairment
Eligibility
 In
order for Section 504 to apply , must be
deemed eligible first
 Eligibility is very broad and covers many
types of disabilities and conditions
 Eligibility not based on clinical categories
 Schools are required to locate students in
their district who may be eligible – child
find ( as with IDEA)
Student who is disabled under
Section 504 is..
 Has
a physical or mental impairment
which substantially limits one or more of
such person’s major life activities or major
bodily functions
 Has a record of such impairment
4 Conditions Near Automatic
Eligibility
 Bipolar-limit
MLA of brain function,
thinking concentrating, interacting
with others
 Diabetes- endocrine system – mla
limited in production of insulin
 Seizure Disorder-mla impacted brain
functioning, hearing, walking, thinking
etc. during a seizure
 Autism- substantially limits such as
communicating , interacting with
others or learning
Major Life Activities
 Sleeping,
standing, eating, walking, lifting,
bending, reading , concentrating,
thinking communicating etc.
MLA encompasses all activities humans
must engage in to fully function
If you just look at learning impact – you
could discriminate
Major Bodily Functions
 Immune
system, normal cell growth,
digestive, bowel, bladder, neurological,
brain, respiratory, circulatory, endocrine,
and reproductive functions
 Don’t
overlook the impact of the
impairment on MBA
 IBS
example
 Courts have also included:
 Impulse control disorder
 School phobia
 Intermittent explosive disorder
 Anxiety disorder
 Aids, HIV, Hepatitis B
 Chronic fatigue Syndrome
 Oppositional defiant disorder
 Post-traumatic stress disorder
 Obsessive compulsive disorder
Is eligibility consideration restricted to only
activities during the school day?
NO- OCR’s position is that the impact of the
impairment outside of school in noneducational activities can give rise to
Section 504 eligibility at school
How do you define Substantial
Limitation?
 Unable
to perform major life activity
without accommodations or mitigating
measures like the average person or
population could
 Significantly
restricted as to the condition ,
manner or duration under which an
individual can perform a particular major
life activity – as compared to the general
population can perform same MLA or
MBA
Eligibility needs Professional,
Subjective Judgment
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Is impairment severe or mild?
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Does the impairment result in failure or student not
achieving near expected levels in MLA or MBA ?
( remember not just learning , grades etc. ..
Learning may not be impacted at all)
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Duration of impairment
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Long term impact resulting from impairment – will
the impact negatively affect the child’s status,
academically, socially, emotionally or
behaviorally?
What Documentation should
you have?
A
range or variety
 Don’t have to have physicians statement
 Don’t rely on grades, eogs- that is just one
piece of data and can be totally
irrelevant
 Parents are historians
 If you request that a student be
evaluated or seen by Dr for diagnosis- you
pay
Mitigating Measures
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Cannot consider the effects of
remediation efforts when determining
whether a disability substantially limits a
MLA or MBA ( exception glasses or
contacts)
Examples: medication, medical supplies,
equipment or appliances, low vision
devices, prosthetics, hearing aids,
cochlear implants, mobility devices,
oxygen therapy equipment, assistive
technology, auxiliary aids or services,
learned behavioral or adaptive
neurological mods
Health Plans and EAPs
 These
are mitigating measures
 Students on Health Plan should be
referred
 Students with Diabetes, Bipolar, Cancer,
Seizure Disorder, Autism, MS or MDS should
be referred if not already EC
 Students routinely taking medication in
school for a condition should be referred
 EAP’s –…… guidance will follow
Health plans and 504
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Health Plans
Should not take the place of 504 plans
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ADAAA’s broader definition of disability means
more students served via individual health plans
should be served under Section 504.
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OCR has indicated, in at least one case, that
health plans are mitigating measures, which,
under the ADAAA, districts can not consider in
eligibility determinations.
Episodic Impairments
 Impairments
that Ebb and Flow in Severity
 Don’t deny because disability ‘at the
moment’ it is not substantially limiting
 Look at Data over a range of time
 Your plan can include IF statements….If
the students arthritis or Chrohns disease is
activated… then
What is a reasonable
Accommodation?
Whatever
the team
deems the child needs
based on sources of
data and
documentation
Sample Accommodations
and Modifications
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Outlines, organizers
Study guides
Audio Visual Aids
Varying Teaching Strategies
Seating
Tape recorders
Taped Texts
Online Textbooks
Set of texts for home
Extended time for homework assignments due to absences for
medical condition
Special Reading Materials
Study Skills classes
Homebound
Alternative Testing methods – state testing mods
Peer Tutoring
Use bathroom as needed
Checking blood sugar x times a day
etc.
504 Eligibility Process
The Process
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Assemble The Placement
Team
Who Should be on the Team?
Persons knowledgeable about:
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The child.
The meaning of the evaluation data
Placement options.
Determining Eligibility
Draw upon data from a variety of
Sources:
• aptitude and achievement tests
• teacher recommendations
• report card
• work samples
• information provided by parent
• psychological evaluation
• physical condition, and behavioral observation
Be sure that information obtained from all such sources is
documented and carefully considered.
Once Eligibility is
Determined
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Team determines what accommodations , if any, the
student needs
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Ensure the service, accommodation or adjustment is
supported by evaluation data.
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Write clear and specific accommodations: Leave no
room for interpretation
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Avoid giving teachers discretion to implement.
If a child’s impairment does not currently impact his
education, use if/then statements to plan for future
needs.
For example, if a child misses school because of her
Accommodations – Questions
for the Team to ask?
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Does the student require more time for homework and
in-school assignments?
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Are modified assignments necessary? Subject matter, types of
assignments, testing, etc.?
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Are there instructional and social behaviors that need to be
addressed?
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Does the student have substantial difficulty organizing,
planning and completing assignments?
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Is the student chronically absent? For what reasons?
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Is there a steady increase in disciplinary incidents?
Does the student require specialized health management? If so,
what
Compliance and Liability
Issues
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Ensure teachers understand the accommodations
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Accommodations for state assessments must be
used regularly in the instructional program.
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If a student does not have at least 30 calendar
days prior to the test date to use the
accommodation, the use of the accommodation
cannot be considered “routinely used” during
instruction or similar
classroom assessments.
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If a student is newly identified as having a
disability and it is just prior to testing, any testing
accommodations that are documented and
implemented should have been used as
A 504 Plan should be reevaluated every
three (3)
years. The 504 committee should
determine if the
child needs to continue with the plan.
Conduct a reevaluation prior to any
significant
change of placement.
A 504 plan should be reviewed each year
with
the 504 Team which consists of the
Documents Review
Request for Evaluation
Request for Consideration
Request to Attend
Parents Rights
Form 3- Eligibility Form
Notice of Eligibility to Parents
Form 4a and 4b
Teachers Accomm Form
Letter of Dismissal
Homebound
 Hold
504 meeting
 Change Accommodation to
Homebound- date it
 Find Homebound teacher
 Contract sent to Susan Browning
 Timesheet and sign in /sign out sent in
monthly to Susan Browning
Tips to Stay Out of Trouble
Evaluate students with medical needs for Section 504 services,
don’t merely address
the needs through a health plan
Provide parents with a copy of their rights under Section 504
annually
Do not just look at Learning impact
Ensure that all teachers and other staff members that are
responsible for implementing a
student’s Section 504 plan, fully comply with it when the school
year begins.
Case Examples
answer by table group
A third grade child tested above average in 1st grade
and has, for the past 2 years, been in a Gifted and
Talented program at a public school performing
academically at a 4th grade level for Math and 6th
grade level for Reading/Language Arts. Also in 1st grade
he was diagnosed with ADHD, which causes him to be
disorganized, has difficulty with "multi-step directions",
and slight fine motor skill issues (can't easily tie his shoes,
writing a large amount is difficult physically and because
his brain can't slow down at times to write correctly and
neatly). As a side note, he is not on any medication.
Parent is interested in seeking eligibility for 504.
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What do you do first?
What do you do second?
What data would you collect from the school ?
What might you ask the parent to bring if they have it?
 Share
some sample questions that you or
team members may ask to determine
eligibility
 Why or why wouldn’t you consider
eligibility?
Sam
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Sam Williams and his parents knew something was
wrong when it hurt for the 8-year-old to grip a
baseball bat, but they never considered juvenile
arthritis.
It hurt to write, giving Sam a sound excuse for not
wanting to do his homework -- or even his work at
school. After several weeks, Sam's pain grew worse
-- and moved into his knees. He also had pain in
his jaw and had trouble walking.
His brother had to carry him piggyback up the
stairs, says Rose Williams, Sam's mother.
After several months, Sam was diagnosed with
juvenile rheumatoid arthritis, a disease of the
immune system that causes pain and swelling in
the joints, among other problems.
 What
are some potential
accommodations for Sam?
Jessica
Jessica had just turned 5 and would
be starting kindergarten this fall.
Jessica couldn’t wait to go to school,
but she had recently been diagnosed
with diabetes.
The diabetes needed managing:
Jessica needed insulin administered,
and her blood glucose and diet had
to be monitored.
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The school nurse alerts you to the fact that
Jessica has enrolled in school. What do you
do next?
2. Who should be at the eligibility meeting?
3. Do you do a separate IHP? Why or Why not?
4. What kinds of accommodations might the
team consider for Jessica?