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Page 1: RTIcurriculum.cowetaschools.net › images › professional... · S ECTION 504 OF THE R EHABILITATION A CT 1973 Section 504 Overview and Introduction Section 504 of the Rehabilitation

RTI May 15, 2015

Page 3: RTIcurriculum.cowetaschools.net › images › professional... · S ECTION 504 OF THE R EHABILITATION A CT 1973 Section 504 Overview and Introduction Section 504 of the Rehabilitation

SUICIDE PREVENTION GUIDELINES

Effective Crisis teams Guidelines

Intranet - Psych Services – Crisis Release letter available in Spanish too

Lifelines Intervention Helping students at risk for Suicide

“Not My Kid” What every parent should know

LifeLines Postvention Responding to Suicide and other

traumatic death

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504 PLANS

Process

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SECTION 504 OF THE REHABILITATION ACT 1973

Section 504 Overview and Introduction Section 504 of the Rehabilitation Act of 1973/Public

Law 93-112 (“Section 504”) is a comprehensive anti-discrimination law which addresses the rights of people with disabilities and applies to all agencies that receive federal funds, including preschool, elementary, middle, secondary, vocational and postsecondary education programs. Section 504 prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance from the U.S. Department of Education. The law is based on the same principles underlying the Civil Rights Act of 1964 (which prohibits discrimination based on race, color and national origin) and Title IX of the Education Amendments of 1972 (which prohibits discrimination based on sex). Section 504 consists of a single paragraph and states, in pertinent part:

No otherwise qualified individual with a disability in

the United States…shall, solely by reason of her or his disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance....

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The focus of Section 504 is the prevention of discrimination on the basis of disability. As applied to public schools, Section 504 prohibits the denial of public education participation or access to and enjoyment of all of the benefits offered by public school programs based upon a child’s disability. The Americans with Disabilities Act (the “ADA”) is a “sister statute” to Section 504 and its provisions have been interpreted to be applicable to any 504 question that may arise in schools. The Office for Civil Rights (OCR) is responsible for the enforcement and investigation of compliance with Section 504. Federal financial assistance to a local school district is contingent on compliance with Section 504 and other civil rights laws. OCR may determine that federal funds should be withheld from local school systems which are not in compliance with civil rights legislation.

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Applicable Definitions “Handicapped Person” (or “individual with a disability”) An “individual with a disability” (formerly “handicapped person”) is defined by the 504 regulations and the ADA as someone 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 “Physical or Mental Impairment” is defined as: Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

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“Major Life Activities” The non-exhaustive list of “major life activities” contained in the 504 regulations (and under the Americans with Disabilities Act) is divided into two categories – “general” and “major bodily functions.” The “general” major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Under the ADA, major life activities also include the operation of “major bodily functions” that include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel , bladder, brain, circulatory, endocrine, reproductive, neurological, and respiratory functions. “Substantially Limits” Unfortunately, there is no clear definition under the 504 regulations for “substantially limits.” By analogy, however, the ADA’s definition would require a student’s 504 Team to determine whether, as a result of the physical or mental impairment, the student can perform a particular major life activity in a manner comparable to most students of the same age/grade level.

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Section 504 and IDEA Relationship There are similarities and differences between Section 504 and the IDEA. Section 504 was ratified by Congress in 1973. Its purpose is to eliminate discrimination on the basis of disability in any program or activity that receives federal financial assistance. The Education for All Handicapped Children’s Act, now the Individuals with Disabilities Education Act (IDEA), was ratified by Congress on November 29, 1975 and became effective on September 1, 1978. In 1977, regulations for both Section 504 and IDEA were published. For students who qualify for special education under the IDEA, compliance with IDEA’s FAPE provisions will mean compliance with Section 504’s FAPE provisions. Most students with disabilities who need specially designed instruction will be identified and found eligible for services under the IDEA.

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All students with disabilities are entitled to be free from discrimination, whether they are disabled under Section 504 or the IDEA. In addition, students who are “regarded” by the school as disabled may not be treated in a discriminatory fashion. Similarly, students with “a record” of a disability cannot be discriminated against solely based upon that record.

However, there may be students who meet the broader definition of “individual with a disability” under Section 504 who are not eligible for services under the IDEA but who may need certain accommodations or other regular education or related services so that their educational needs are met as adequately as the educational needs of nondisabled students. For these students, the development of a 504 Plan may be in order.

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School-Based Duties of the 504 Building Coordinator Each school must designate a Section 504 Building Coordinator who will be responsible for implementing and monitoring Section 504 activities in the school. The Section 504 Building Coordinator should be a building administrator or a designee of a building administrator who has direct contact with that administrator. The 504 Building Coordinator is responsible for updating, informing, reviewing and distributing Section 504 materials to school staff members. The 504 Building Coordinator will oversee the operation and implementation of all Section 504 programs for the school and assure that they are in compliance with federal regulations and local procedure.

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The school’s principal is ultimately responsible for ensuring the school’s compliance with Section 504 and should work with the District Section 504 Coordinator to secure professional development and/or other needed services or assistance for the school’s Section 504 Team members. The school faculty should be made aware of who is responsible for school-level 504 implementation and should be trained to recognize when it is appropriate to make a referral of a student for 504 consideration. They should also be provided information as to where they may find information when they have questions about the Section 504 process and how to respond when a parent requests an evaluation or services under Section 504.

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District’s 504 Grievance/Complaint Procedures The agency responsible for the enforcement of Section 504 is the Office for Civil Rights (OCR). One of its chief responsibilities is to ensure equal access to education for students with disabilities. The District person responsible for ensuring compliance with Section 504’s requirements and internally investigating any complaint alleging noncompliance or alleging the District took discriminatory action is:

Dr. Marc Guy, Assistant Superintendent

237 Jackson Street Newnan, Georgia 30263

770-254-2802

The District’s Section 504 Coordinator can provide more information concerning Section 504 or can answer questions or provide additional assistance when needed. The District’s 504 Coordinator is:

Maria Carroll 167 Werz Industrial Drive

P.O. Box 280 Newnan, Georgia 30263

770-254-2800

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504 Initial Request Intranet Layout 504 General Information Flow Chart 504 Process 504 Forms Flow Chart NEW Procedures 504 Fact Sheet 504 Handbook Forms Accommodation Plan Behavior Management Plan Updated Evaluation Eligibility and Re-Evaluation Invitation to 504 Meeting (sample letter) Manifest Determination Review NEW Medical Impairment 504 Minutes Page NEW Notice of Rights of Students and Parents under Section 504 Updated 504 Procedural Safeguards Updated Student Consideration Updated Teacher Acknowledgement of Accommodations

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COWETA COUNTY SCHOOLS SECTION 504 ACCOMMODATION PLAN

(SECTION 504 OF THE REHABILITATION ACT OF 1973)

Meeting Date:_________________________________ Plan covers:_____________ to _______________

Student:______________________________________ Birthdate:_________________________________

Parent/Guardian:______________________________ Address:__________________________________

Phone Number:________________________________ __________________________________________

School:_______________________________________ Teacher/Grade:____________________________

504 Team Participants:

Name/ Position Name/ Position

The Team has decided that the student is disabled and is in need of a 504 Plan that sets out services needed in order to meet the student's educational needs as adequately as the educational needs of nondisabled students. Listed below are the accommodations and/ or services that are to be provided: (Number each accommodation/ service)

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Behavioral Management Plan

Student: D.O.B.

Daily behavior checklist Positive notes home Parent conferencesToken reward/reinforcement Praise Classroom procedure//rules clearly postedIndividualized contract School Counseling Student/Teacher conferenceSelf-management/self-monitoring Peer mentor Short and specific directionsPlanned ignoring of behavior Redirection Expected behavior modeledOther: Other: Structured environment

Extra privilegesCheck-in/check-out system

Use of time-out within classroom Safety PlanRemoval from class to alternative area for work/study, isolation Assistance of Resource OfficerDetention Assigned bus seatDenial of privileges Restraint devices on busAssignment to In-School suspension Assistance of Probation Officer/Court Service Assignment to Out-of School suspension WorkerParent/Administrative conference to review misbehavior Other:and consequencesParent may remove student from school for remainder of day until student regains control

Physical Restraint

Revised 4/15

Positive Behavioral Interventions, Strategies, and Supports to address current behavior: (check as needed)

Interfering Behavior(s) as determined by a formal or informal functional behavioral assessment:

Additional Comments:

If the student has behavior which impedes his/her learning or that of others, describe strategies, including positive behavioral interventions, strategies, and supports to address that behavior. If these supports and consequences do not result in improvement of the behavior(s) a more detailed BMP will be developed.

Consequences to address current behavior: (check as needed)

The Behavior Management Plan does not prohibit school officials from exercising their responsibility to report a crime committed by a student with a disability to the appropriate authorities.

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504

Documentation Accommodations

Group exercise

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RECORD EXCHANGE

June 1st SD#1 SST, Tier 2 and 504

High School/Middle School Middle School/Elementary School Schedule to follow watch your email

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RTI 2015-16

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