Section 504Goes to the Movies

Dorothy: How do you talk if you don't have a brain?

Scarecrow: Well, some people without brains do an awful lot of talking don't they?

Outcomes

• Learn basic information about the intent and purpose of Section 504

• Become familiar with the Section 504 Handbook

• Understand the procedures and processes • Be able to locate the resources needed

Introduction & Overview

Rita: I just don't know what to call you: retarded, mentally retarded, mentally handicapped, mentally disabled, intellectually handicapped, intellectually disabled, developmentally disabled...

Sam: You can call me Sam.

Basic Facts

• Rehabilitation Act of 1973 • Prohibits discrimination based upon disability • Civil rights statute• About meeting needs

Discrimination

• A student with a disability is denied recognition on the honor roll because one of his/her classes is in the special education resource room

• A student is expelled from school for misbehavior that is related to his/her disability

• The school refuses to provide a student with a disability with bus transportation that is as short in duration (within reason) as that provided to students without disabilities

Discrimination

• The school refuses to allow a student with a disability the opportunity to audition for athletic teams, cheerleading, or other extracurricular activities

• The school denies course credit to a student who is passing a class, but whose absenteeism is the result of a disability

Legislations, Regulations and Board Policy

Atticus: But there is one way in this country in which all men are created equal- there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court.

Legal Reference

“No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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...” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].

Individual with a Disability

“An individual with a disability means any person who:

(i) has a mental or physical impairment that substantially limits one or more major life activity;

(ii) has a record of such an impairment; or

(iii)is regarded as having such an impairment” [34 C.F.R. §104.3(j)(1)].

Examples and Nonexamples

1. Cerebral palsy2. Epilepsy3. Kleptomania4. Cancer5. Gender identity disorder6. Illegal drug use7. Heart disease8. Sensory processing disorder

Temporary Impairment

• Does not constitute a disability unless its severity is such that it substantial limits a major life activity for an extended period of time

• Case-by-case basis• Consideration of 1) duration of impairment

and 2)extent to which it limits major life activity

Eligibility

• Physical or mental impairment

• Substantially limiting– Without regard to mitigating measures

• Mitigating measures

• One or more major life activities

Major Life Activities

● Self–care ● Breathing

● Manual tasks ● Interacting with Others

● Walking ● Working

● Seeing ● Reading

● Speaking ● Standing

● Sitting ● Lifting

● Thinking ● Bending

● Learning ● Concentrating

Comparison Charts

The Voice: If you build it, he will come.

Roles and Responsibilities

Peter Parker: You know what it is I love about being Spider-Man? Everything!

Roles of School Personnel

• District Coordinator• Campus Coordinator• Campus Principal• Campus Staff

– Reading Interventionist

Operating Guidelines and ProceduresIndiana Jones: Listen. Since

I've met you I've nearly been incinerated, drowned, shot at, and chopped into fish bait. We're caught in the middle of something sinister here, my guess is dad found out more than he was looking for and until I'm sure, I'm going to continue to do things the way I think they should be done.

Section 504 ProcessSuspicion of a physical or mental impairment

Referral for EvaluationParent consent for initial evaluation

Section 504 Team EvaluationKnowledgeable about student, disability, and placement options

Section 504 Eligibility Determination•Disability and substantial limitation•Parent notification

Section 504 Accommodation Plan/placement•Parent consent for initial placement •Parent notification

Annual Review/Re-evaluation•Annually/ Significant change•Parent notification

Referral

• Initial referral made to Section 504 Campus Coordinator or Reading Interventionist

• Referral form provided• Form returned

Consent for Evaluation

The Section 504 Campus Coordinator or Reading Interventionist sends:

• Notice and Consent for Section 504 Referral and Evaluation

• Section 504 Notice of Parent Rights • Parent Input for Section 504 Meeting• Teacher Input for Section 504 Meeting

Evaluation cannot proceed without parental consent.

Evaluation

• May or may not involve new testing• Input from teacher(s) and parents• Review existing records

Notice

• Determine committee membership• Give to parents and school personnel• Provide Section 504 Notice of Parent Rights • Encourage parent attendance• Offer multiple meeting dates if necessary

Initial Meeting

• Follow agenda, page 31• Complete Section 504 Meeting Record• Determine Section 504 Eligibility• Determine need for Section 504 Plan

After the Meeting

• Give parents– All forms– Notice of Committee Decision– Consent for Section 504 Plan

• Give staff– Plans and Addendums

• Enter data into PEIMS and files

Don’t Forget

Dr. Keats: Tom lost part of his brain in a hunting accident. His memory only lasts ten seconds.

Ten Second Tom: I was in an accident? That's terrible.

Dr. Keats: Don't worry, you're totally gonna get over it in about three seconds.

Ten Second Tom: Get over it? I mean, what happened? Did I get shot in the brain... Hi. I'm Tom.

Details

• Implement plan• Document implementation• Monitor plan• Update annually• Conduct 3 year reevaluation• Meet for manifestation determination

Let It Go

Session Survey

http://schools.birdvilleschools.net/surveys

August 19th 504 Session #135

August 20th 504 Session #238