Division of Special Education and Educational ServicesMiami-Dade County Public Schools

School Board of Miami-Dade County Section 2260.01

No otherwise qualified individual with a disability in the United States, as defined in Section 705(20) of this title, shall, solely by reason of her of his disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The Rehabilitation Act of 1973 defines a person with disabilities as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having an impairment.

A parent, teacher, or other member of the school staff may raise a concern about a student’s unique need for special help and request a meeting to consider whether the student has such a disability.

If the team determines that the student does have such a disability, they will then identify what types of support, or accommodations, are appropriate to meet the student’s needs and write a 504 Plan

IDEA SECTION 504

TYPE OF LEGISLATION Funding Act Civil Rights Act

ORIGINAL PASSAGE 1975 1973

CO VERAGE Students PK-12 PK-Post Secondary

FAPE Yes Yes

ADMIN. AGENCY OSEP, SEAs OCR, EEOC

ELGIBILITY DEFINITION

2 Essential Elements:1.Listed class2.Need for Special Education

3 Essential Elements:1.Impairment2.Major Life Activity3.Substantial Limitation

Denying credit to a student whose excused absenteeism is related to his/her disabling condition.

Expelling a student and denying access for behavior caused by his/her disability.

Refusing to dispense medication to a student who could not attend school otherwise.

Disallowing participation in a science laboratory activity / class because the lab stations are not accessible.

Refusing to provide amplification for a student with a hearing impairment in a lecture hall despite an accommodation plan requiring additional amplification.

Prohibiting field trip participation.

Significant Changes to Section 504 Expansion of Major Life Activities Impairments that are episodic or in

remission New Mitigating Measure Rule

School Board of Miami-Dade County 2260.01 Students experiencing difficulty in the classroom

should initially be referred to the School Support Team.

The SST shall determine whether it is appropriate to refer the student for possible 504 services.

Students with obvious physical or health needs that require accommodations need not go through the SST process to be referred for Section 504 eligibility determination

Parent or teacher initiates a request A disability is suspected A student exhibits chronic health condition A student exhibits academic, learning, or

behavioral problems and traditional approaches have been ineffective

When a student exhibits a pattern of suspensions or expulsions

A student is evaluated but ineligible under IDEA (not an automatic consideration)

RtI exists for all students It is a Multi Tiered System of Supports RtI may identify the need for SPED

when there is both a *disability and the need for Specially Designed Instruction

504 is an entitlement that prevents discrimination (lack of access to education) for students who are considered disabled with limitation in a major life function.

*LD, EBD, LI

Intervention Should Not be Confused with Accommodation

Intervention Teaches, Remediates, and Reinforces Accommodation Removes Barriers to Accessing

Education and Need is Based on the Functional Relationship of the Disability Produced Barrier to Access

Example: ADHD Intervention- Self Monitoring with Positive

Reinforcement Accommodations- Teacher monitoring of agenda,

extended time for testing, guided notes SPED Usually Provides Both

Must include a team of staff knowledgeable about the student, the evaluation(s) and the accommodations

May include the following personnel: Parents General and Special Education Teachers Behavior Management Teachers School Counselors Administrators School Psychologists Staffing Specialists

OCR – Requires districts to obtain parental consent for initial evaluation

Evaluation must be sufficient to provide information to determine the existence of a disability

504 Team determines what data is necessary May require less complex data when making

decision for a temporary impairment If the 504 Team believes that the student with

a disability may need special education, a special education referral should be initiated

504 Team must draw from a variety of sources:▪ May include a formal assessment▪ District / State / Achievement Assessments▪ Report Card Grades▪ Teacher Observations▪ Classroom Performance / Portfolio▪ FAB / BIP▪ Medical Information▪ Adaptive Behavior▪ Other

Auditory Processing Disorder (APD) was formerly known as Central Auditory Processing Disorder (CAPD) Private Evaluations need to follow the district

review/referral process to determine eligibility criteria.

Eligibility for Section 504 should not be considered for APD prior to the review/referral process.

Contact your Educational Audiologist for details and a referral packet.

For Additional Information, refer to DOE TAP #10967

Section 504 eligibility should not be utilized as a means of obtaining FM-units or to receive Deaf/Hard-of-Hearing Itinerant Services. Students should be considered for eligibility under IDEA first.

RtI is not required for students referred for consideration for D/HH.

An Audiological Evaluation is not enough information on it’s own to determine a student eligible for services and/or an FM-unit.

When in doubt call the Deaf/HH Dept. at 305-274-3501

Prong 1 – Current Impairment Physical or Mental Impairment Temporary Impairments Impairments That Are Episodic Impairments That Are In Remission

Age and conditions resulting from cultural, environmental, or economic factors are not considered disabilities under Section 504

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:

Neurological Genito-Urinary Musculoskeletal Hemic / Lymphatic Special sense organs Skin Respiratory Endocrine Speech Organs Cardiovascular Digestive Lymphatic Reproductive

Any mental or psychological disorder

Mental Retardation Organic Brain Syndrome Emotional Illness Mental Illness Specific Learning Disabilities

A Temporary Impairment is an impairment with an actual or expected duration of 6 months or less

Students with Temporary Impairments are ineligible for the McKay Scholarship

Temporary Impairment must be indicated on a 504 Plan

An impairment that is episodic is a disability if it would substantially limit a major life activity when active.

Cannot deny eligibility simply because the disability may ebb and flow in severity. Allergies Asthma Migraines Cystic Fibrosis Auto-immune disorders Sickle-Cell

An impairment that is in remission is a disability if it would substantially limit a major life activity when active.

Requires the 504 Team to look back at the time when the impairment was not in remission rather than current data.

Cancer

MAJOR LIFE ACTIVITY

Seeing Hearing Walking

Breathing Performing Manual Tasks

Learning

Reading Thinking Concentrating

Communicating Eating Sleeping

Bowel Functions Bladder Functions* Digestive Functions

Speaking Working Standing

Lifting Bending Endocrine

Circulatory Neurological Caring for Oneself

Condition, manner, or duration under which the average student of the same age / grade level in the general population can perform the same life activity

An impairment alone is not a disability Webster Definition of Substantial includes:

▪ Real, true, not imaginary ▪ Important, essential▪ Considerable in quantity▪ Significantly great

Mitigating Measures are services or things provided to the student or used by the student to decrease the impact of the impairment. Substantial limitation must be determined

without regard to the ameliorative effects of mitigating measures

Must screen out the positive impact of mitigating measures

Decisions shall be made without regard to the ameliorative effects of mitigating measures :▪ Medication Hearing Aids▪ Cochlear Implants Mobility Devices▪ Prosthetics Assistive Technology▪ Oxygen Equipment▪ Assistive Technology▪ Low Vision Devices (except

eyeglasses/contact lenses)▪ Reasonable Accommodations

Individuals with a history or record of a physical or mental impairment that substantially limits one or more the individuals major life activities are also protected from discrimination under Section 504 May create eligibility for students who have

no need for accommodation plans Students staffed out of special education

should be reviewed for 504 on a case-by-case basis

Regarded as having a physical or mental impairment when in fact such impairment may or may not actually exist are protected from discrimination under Section 504. Misclassification HIV LEP Participation in extracurricular, sporting events

Prongs 2 and 3 are protected under 504 even though they are not individuals with a current substantial disability for which accommodations may be necessary and therefore would not require a 504 Accommodation Plan.

Student does not have to demonstrate need for services to be Section 504 eligible. If the student developed a need at a later time,

the 504 team would create an appropriate plan. Includes students whose current use of mitigating

measures meets his/her needs as adequately as a nondisabled student.

Section 504 eligible students without a 504 Plan still receive procedural safeguards, manifestation determination, periodic re-evaluation (as needed), and non-discriminatory practices.

Parental Procedural Safeguards Right to receive notice of identification, evaluation,

refusal, placement, denial, or significant changes Right to an evaluation if the district has reason to

believe that the child may have a mental or physical impairment that substantially limits learning or other major life activity

Right to examine all relevant records Right to an impartial hearing Right to appeal the final decision of the hearing officer

Provided to parents of 504 eligible students with or without an Accommodation Plan

Review Eligibility Document

Address the educational impact of the identified disability(ies) and major life activity(ies) Physical Environment Instructional Materials Instructional Methods Assignments / Home Learning Testing (may not be written for the sole

purpose of accommodations on standardized tests)

Behavior

District Procedure - Complete 504 Accommodation Plans Annually Major Life Activity Review student progress Review delivery of services▪ Frequency▪ Outcome

Accommodations – Additions, deletions, revisions▪ Need for continuation must be based on

documentation

Related Services May Include Occupational Therapy Physical Therapy Nursing Services Classroom Assistance Transportation Medication Administration Counseling

A referral for an OT or PT evaluation must not always occur simultaneously with the development of an initial 504 Plan. Accommodations and strategies should be

implemented and monitored prior to a referral. Therapists require feedback and discussion

regarding a student’s response to his/her accommodations to determine the need for their services.

OT and PT are not mitigating measures.

Evaluations may take place over several days, through observations of the student in his/her natural environment, interviews with school staff, parents and other professionals, as well as specific assessments. The focus of the OT or PT evaluation is on the issue

or concern stated in Section 1 of the Request and Consent for PT/OT Evaluation (FM-6552).

The accommodations and strategies which are currently addressing these concerns, but may require OT or PT support, must be stated on FM - 6552 Section 2.

A completed evaluation is then forwarded to the Staffing Specialist who schedules a meeting with the parents and therapist(s). If the therapist has determined that OT or PT

support is needed, a recommended frequency of services is added to the 504 Plan

Therapists may provide suggestions and strategies to enhance the 504

A private OT or PT Evaluation, while providing valuable information, does not establish “eligibility” or a need for school-based services

Review 504 Accommodation Plan

Periodic Reevaluation – Does not require a comprehensive evaluation Before any significant change in placement▪ Expulsion or repeated suspensions which

exceed 10 days in school year▪ Manifestation Determination – FM 3918▪ May consider other strategies, interventions or

assessments

▪ Change in delivery of education At the request of the parent or school

Parents who have a disagreement involving Section 504 are entitled to the following grievance procedures Appeal

District Section 504 Compliance Officer1500 Biscayne Blvd., Suite 409Miami, FL 33132

Request Mediation or a HearingClerk of the Board1450 NE Second Avenue, Suite 268BMiami, FL 33132

Approved by Governor Scott Took effect on July 1, 2011 Adds eligibility provisions for students with 504

Accommodation Plans Students with 504 Plan written by the school

district may be eligible for a McKay Scholarship Students with temporary (6 months or less

duration) 504 Plans are ineligible Students will receive basic funding There is no Matrix of Services filed for 504

Plans Website www.floridaschoolchoice.org . 

SPED –EMS Updates Temporary Plans▪ Error Check

Section 504 McKay Fact Sheet

SPED – EMS Coming Soon Eligible with no Accommodation Plan

Follow up Activity will be emailed to all attendees

Due date will be includedTimely completion is required to

receive Master Plan Points

Section 504 Coordinator

Mary A. PazInstructional Supervisor

SBAB Annex – 409mpaz@dadeschools.netOffice (305) 995-1816

504 Hotline (305) 995-2799