SECTION 504

An Overview

Section 504 Overview

What is 504? Comparison to IDEA and ADA School District Responsibilities Parent Rights Definition of Disability “Otherwise Qualified” “Substantial Limitation” Student Evaluation Accommodation Plan

PURPOSE OF 504

Section 504 of the Rehabilitation Act of 1973 forbids discrimination against students with disabilities by schools that receive federal financial assistance.

A Brief Comparison of IDEA,Section 504 and ADA

IDEA ’75

Purpose: Funding Education

Who: Age 0-21Qualify: 13 Specific

DisabilitiesFunds: YesProvider: Special EducationTimeline: Immediate ’75

Criteria: Academic

Due Process: YesCompliance: State & Federal

504 ’73 ADA ’90

Civil Rights Extends CR Fed. Prog. Private SectorChild & Adult AllMajor Life Act. Major Life Act.

No NoGeneral Ed. All Public FacilitiesNew Construc. New Construc. 6/77 1/92Modify/UndueModify/Undue

Burden BurdenYes NoOCR OCR

School District Responsibilities

Adopt a nondiscrimination policy, develop a grievance procedure and appoint a compliance officer.

Provide notice of nondiscrimination in admission or access to programs or activities.

Give a second notice to parents of students with disabilities outlining their rights.

School District ResponsibilitiesContinued

Annually notify students with disabilities and their parents of the school district’s responsibilities under Section 504, including: notice of their rights an opportunity to review relevant records an impartial hearing

School District ResponsibilitiesContinued

Identify and evaluate students with disabilities or suspected disabilities.

Implement an appropriate education program for students with disabilities.

Have a self-evaluation and transition plan on file.

Parent Rights Section 504 regulations describe the following rights for parents and

students:

• Right to be informed by the district of specific due process rights.• Right for the child to have access to equal academic and

nonacademic school activities.• Right for the child to have an appropriate education in the least

restrictive setting, which includes accommodations, modifications, and related services.

• Right to notice regarding referral, evaluation, and placement.• Right for the child to have a fair evaluation conducted by a

knowledgeable person(s).• Right to an administrative appeals process.• Right to examine and obtain copies of all school records.• Right to provide consent prior to their child being evaluated or

placed in Section 504 services.

Section 504

Physical or mental impairment which substantially limits one or more of a persons major life activities.

Walking SeeingBreathing HearingLearning

SpeakingWorking

A Student With a DisabilityIs One Who:

Has a physical or mental impairment which substantially limits one or more major life activities;

Has a record of such an impairment;

Is regarded as having such an impairment.

Section 504 states that:

No otherwise qualified individual with a disability…shall solely by reason of her or 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.

“Otherwise Qualified”The student meets all of

the criteria for

participation in a given activity except

for the disabling condition.

Potential ConditionsWhich May Qualify for Section 504

Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder

Chronic Medical Condition ExamplesCancer (leukemia)HemophiliaHeart DiseaseBlood Sugar Disorders (hypoglycemia or diabetes)Respiratory Conditions (asthma, severe allergies, environmental

poisoning)Chronic Fatigue SyndromeUrinary Conditions Requiring CatheterizationEpilepsyTourette’s SyndromeOther

Qualifying Conditions Cont.

PregnancyBroken LimbsIllness

Communicable DiseasesAIDSTesting HIV+

Drug/Alcohol Addiction Physical Impairments

ArthritisCerebral Palsy

Emotional DisordersDepressionPost Traumatic Syndrome

The Following May Initiate A Referral:

Chronic hospitalization Chronic homebound Homeless, migrant, or other qualified individuals

with disabilities, or individuals who are believed to be disabled

Student is found ineligible for special education School concerns Parental concerns frequently expressed Students reentering school after having been

temporarily placed in a private setting

The Following May Initiate A Referral: (Continued)

Students exhibiting a chronic health condition and/or receives medical attention at school

Suspensions approaching an aggregate of ten (10) instructional days.

The school district is considering expulsion, exclusion, or retention of a student

Students suffering the death of someone close or the separation/divorce of their parents.

Suspicion of abuse in the home The student’s attendance record approaches the school district’s

limit Student is regarded as a potential drop-out or at-risk Substance abuse is considered

“Substantial Limitation”

The student is unable to perform a major life activity that the average student of the same age can perform, or that the student is significantly restricted as to the condition, manner or duration under which a particular major life activity is performed as compared to the average student of approximately the same age.

504 Eligibility “Funnel”“Substantially Limited”

Without accommodations, the student with a disability would not be afforded a comparable opportunity to an appropriate education.

Is the impairment:a) negligible? - not eligible

b) mild? - not eligible

c) moderate? - Eligible

d) extreme? - Eligible

Definition #2Definition #1

LEAST RESTRICTIVE

GENERAL EDUCATION

GENERAL EDUCATION MODIFICATIONS

GENERAL EDUCATION-SAT TEAM

504 PLAN

SPECIAL EDUCATION

Substantial Limitation Scale

Dr. Perry Zirkel’s 5 Point Scale may assistteams in making a decision.

5……….Extremely _______________4……….Substantially _______________3……….Moderately _______________2……….Mildly _______________1……….Negligibly _______________

Factors for DeterminingSubstantial Limitation

1. Nature and Severity of Impairment

Is the impairment mild or severe?

Does the impairment result in failure or the student’s not achieving near expected levels?

Does the impairment impact on a major life activity? If so, how?

2. Duration or Expected Duration of Impairment

Will the impairment be of such short duration as to not cause significant problems?

Will the impairment cease impacting on the child without any intervention?

3. Permanent or Long-Term Impact Resulting from the Impairment

Will the impairment be short or long in duration?

If the impairment is of short duration, will it have a significant impact without intervention?

If the impairment will be long term, will the impact negatively affect the child’s status, academically, socially, emotionally or behaviorally?

Evaluation

From a variety of sources Achievement test data Teacher observation and classroom performance Medical information and test results Student Assistance Team data Adaptive Behavior Scales

** Discount from the analysis sub-par performance due to other factors, such as normal moods, lack of motivation and the immediate situation or environment.

ACCOMMODATIONS

Modifying EnvironmentModifying Time

DemandsModifying MaterialsVisual Processing

Language ProcessingOrganizational

Use of Group and Peers