section 504 – the law federal civil rights law that prohibits disability discrimination section...

Section 504 – The Law Federal civil rights law that prohibits disability

discrimination Section 504 of the Rehabilitation Act of 1973 ADA – Americans with Disabilities Act of 1990 Because school districts receive any federal

funds, Section 504 applies Three parts of Section 504 – student

accommodation, public accommodation (community access) and employment practices

Eligibility under Section 504 A person may be considered disabled under

the definition of Section 504 if the individual has a mental or physical impairment which substantially limits one or more of a person’s major life activities:Caring for one’s self Performing manual

tasksWalking SeeingBreathing HearingSpeaking WorkingLearning

Other conditions covered

Attention-deficit/hyperactivity Allergic reactions Cancer Depression Diabetes Posttraumatic stress syndrome Social maladjustment

Other considerations

When a student continues to display behavior problems

When a student has a major health problem

ADA/Section 504 – IDEAComparison

Issue ADA/Section 504 IDEA

Type Civil Rights Law Education Act

Responsibility General Education Special Education

Administrator Section 504 Coordinator Special Education Director

Service Tool Accommodation Plan IEP – Individual Education Plan

EligibilityImpairment that substantially limits

a major life activityQualifying conditions requiring

special education services

DisciplineSignificant change in placement-

re-evaluation to determine if behavior caused by disability

Significant change in placement- manifestation determination to

determine if behavior caused by disability

Individualized Health Care Plan

(Treatment)

504 IEP

Definition:Plan covering any health related issue identified by a health care provider (must include written documentation)*May include educational accommodations

Definition:Plan covering educational accommodations (learning environment) identified by a building problem-solve team – must include District document. (may include document from health-care provider outside agency provider)

Definition:Plan providing specialized instruction directly related to an identified disability

Civil action Compensatory requirementsDiscipline requirements

Due processCompensatory requirementsDiscipline requirements

Who develops:District Nurses in collaboration with Health Care provider, parents and building staffWho Implements:Building staff identified thru plan (case by case basis)

Problem-solving teamBuilding regular ed staff

Sped/IEP TeamSped Staff

Where do 504s fit?

It is the Problem Solving ProcessRtI

1. A concern has been identified2. Data collection (work samples, grades, test scores etc..)3. Problem Solving Meeting to analyze findings4. Implements plan and accommodations5. Review outcomes of the interventions

Accommodation vs. Intervention

Interventions are focused on specific deficits.

It requires either the teaching of a researched strategy or a skill that is focused on increasing the student’s proficiency.It is specialized, explicit instruction

Accommodations are practices and procedures around presentation, setting timing/scheduling that provide access to the core curriculum during instruction and assessments.It is a change in environment

504 vs. Special Education

504 is access to the learning environment

Special Education is direct, specialized instruction

SVVSD Statistics 09-10 Total number of students with a 504 Plan: 189

Elementary - 40 12 – ADHD 1-ADD 2 – Visually impaired 2 – Autism Others consist of: hearing impaired, dyslexia, migraines, Ehlers, O.T., epilepsy, bipolar, severe

allergy, and retention of information.Middle School - 45 11 – ADHD 6 – ADD 4 – Dyslexia 3 - Anxiety 2 – Diabetes Others consist of: cerebral palsy, hyperopic, anxiety, OCD, depression, bipolar, processing

speed, visual processing deficiency, PDD, and traumatic brain injury.High School – 104 17 - ADHD 19 – ADD 15 – Processing speed 9 - Dyslexia 3 – Bipolar Others consist of: cerebral palsy, spinal cord injury, malformation, migraines, chronic fatigue,

arthritis, brain trauma, ocular motor, LD/cognitive disorder, tourettes, epilepsy

Eligibility Process

Referral Evaluation and Data Collection Problem Solving Team Meeting

(Eligibility) Program Planning and

accommodations Review Annually

Exit Process

Complete the exit date in Alpine in the Referral section when students no longer qualify

Put a hard copy in the cum folder when students leave the district

Timeline 2010-2011

Enter students into Alpine based on Annual Review DatePlans that were reviewed in Aug/Sep. 2010, must be added to Alpine by October 31.If review date is October, complete plan in Alpine in October

Timeline

September-October 2011-2012 Review all 504 plans in

August/September. Make necessary changes and enter all plans into Alpine.

October Count All 504 plans in SVVSD are on Alpine

504 Plans in Alpine Achievement

Fall 2010

Getting Started

Referral

Eligibility

Eligibility

Meeting Notice

Create the 504 Plan

Review the 504 Plan

Review the 504 Plan

Parent Communication

Tool bar for a completed plan

504 Trivia

Are students who are covered under IDEA always eligible for Section 504 protections?

Are students who are covered under Section 504 always eligible for IDEA services?

Does a physician’s diagnosis of ADD/ADHD automatically result in a student being eligible for Section 504?

Are all schools required to have a 504 Coordinator?

504 Trivia What can parents do if they are

dissatisfied with the way schools are serving students eligible for Section 504 protection?

Do schools have to make all of their buildings accessible to students with disabilities?