SECTION 504 AND SCHOOLS

WHAT IS SECTION 504? Federal civil rights law that protects

people with disabilities from discrimination

Requires schools to make programs and activities accessible to people with disabilities through necessary accommodations, modifications and/or services

The purpose of 504 is to “level the playing field”

504 IS NOT… Special Education Appropriately used for aiding “Slow

Learners” Appropriately used to help a child reach

his/her “full potential” Automatically for every student with a

medical diagnosis of disability Appropriate for a student who needs

simple changes that any good teacher normally does

WHO QUALIFIES?A person is qualified for protection within

the scope of Section 504 if they:Have a mental or physical

impairment that substantially limits a “Major Life Activity”

(It is important to note however that not everyone who qualifies for protection under Section 504 qualifies to have a 504 plan)

WHAT ARE MAJOR LIFE ACTIVITIES? Pretty much anything that most people

doEating - BreathingSleeping - SpeakingWalking - LearningSeeing - ConcentratingHearing - Working“Major Bodily Functions”

(immunity, cell growth, endocrine function, elimination, digestion, etc…)

THE 504 PROCESS…

IDENTIFICATION, EVALUATION, ACCOMMODATION

STEP 1: REFERRAL Referral can be made by:

ParentTeacherPhysicianNurseCounselorEtc…Process must be clear and available for use

STEP 2: EVALUATION Evaluation means gathering information

needed to make an informed decision Evaluation does not always mean

testing Evaluation is a team process In Evaluating for 504 eligibility the team

needs to use multiple sources of information

STEP 2: EVALUATION (CONT)The 504 team should consist of peopleknowledgeable about:

The child The disability The meaning of the evaluation data Placement options

STEP 2: EVALUATION (CONT) Sources of information may include:

School recordsDisciplinary recordsObservationsEOG Scores InterviewsAttendance logsMedical recordsVision or hearing screeningsEtc, etc, etc…

STEP 2: EVALUATION (CONT) A doctor letter, by itself, does not

determine eligibility. Evaluation must address:

The nature and extent of the disability Its effect on Major Life ActivitiesRecommended accommodations or services

Effects of the disability must be evident in the school setting to require a 504 plan

Periodic Re-Evaluation is required

STEP 3: ACCOMMODATIONS What needs to be done to enable a

student to participate in the general education program

Accommodations must be individualized Designed to meet the needs of disabled

students “as adequately as” the needs of other students are met

Modifications can be made to general education programs or the provision of different programs may be needed

STEP 3: ACCOMMODATIONS (CONT) Test accommodations may only be used

if the same accommodations are in regular use in the classroom

Disabled students should have access to the same extra-curricular and after school activities available to their peers

Accommodations are intended only to “level the playing field” for the disabled student

TYPES OF ACCOMMODATIONS Environmental Organizational Behavioral Presentation Evaluation

TYPES OF ACCOMMODATIONS

Environmental

Structured learning environment Student seating Re-organization of classroom materials Study carrel or adapted desk Access to elevator

TYPES OF ACCOMMODATIONS

Organizational

Organizational systems (ie: color coding)

Write out homework assignments Set time expectations Binders

TYPES OF ACCOMMODATIONS

Behavioral

Behavior management techniques Behavior contracts Positive reinforcement Logical consequences

Create and be consistent with Behavior Plan!

TYPES OF ACCOMMODATIONS

Presentation

Taped lessons for re-play Computer aided instruction Alternative textbooks Highlighted worksheets Peer tutoringBe aware of differing student learning

styles and match instructional materials…

TYPES OF ACCOMMODATIONS

Evaluation

Limit amount of material on each page Provide practice tests Oral testing Divide tests into segments Extended time Decrease external stimulation

DISCIPLINEDiscipline for students served under Section

504 is consistent with that for students served under IDEA…

If infraction warrants a suspension of 10+ days, a “Manifestation Determination” must be made

(AKA: Causal Relationship)

DISCIPLINE PROCESS Administrator determines if the student

committed the infraction 504 team determines if the behavior

was caused by the disability If behavior was caused by the disability a

review of the accommodation/behavior plan must occur

If behavior was not caused by the disability then disciplinary action proceeds as for any other student.

PROCEDURAL SAFEGUARDS Parent must receive prior notice of

eligibility meeting Parent must give consent prior to

individualized testing Parent must be given notice of rights

upon referral, upon eligibility determination , and at annual review

Parent must be given notification in writing of placement decisions

Parent must be provided with an appeal procedure including an impartial hearing

ROLE OF SCHOOL 504 CONTACT

Serve as liaison between school and district 504 office Serve as liaison between your school and other schools Provide in-service training to school staff on 504

procedures Monitor provision of 504 plans Ensure that teachers receive copies of 504 Plans Schedule and facilitate review of all 504 Plans annually Forward copy of 504 Plan to extracurricular and after

school programs (driver ed, learning academy, summer school)

Ensure that a copy of the 504 Plan is added to the student’s Personal Education Plan

7 CARDINAL SINS Qualifying students who do not have an

impairment so they can “get help” “Deliberate Indifference” – not providing a

plan for a student who clearly qualifies for one

Bill of Rights not given to parents No identified and specified referral system No grievance procedure No appeal process No one at system level to coordinate

program

Questions?