SECTION 504 OF THE

REHABILITATION ACT:

IT’S NOT LIKE IDEA!Presented by:Robert ComptonDirector of Federal Programs,South Carolina Public Charter School Districtrcompton@sccharter.org

Adapted from a presentation created by: Rock Hill School District 3

DISCLAIMER Section 504 IS NOT special education; it’s a general

education responsibility

Don’t think because “Robbie” oversees it means it’s a special education thing.

504 compliance and coordination falls under the District’s Director of Federal Programs.

SECTION 504 SCHOOL EXPECTATIONS All South Carolina Public Charter School District schools are

required to follow the District’s Section 504 Policies and Procedures.

These procedures include the identification of the principal or his/her designee as the "Section 504 School Coordinator," who is the building-level compliance monitor and coordinator for Section 504 support.

The District’s Section 504 Compliance Officer is Robbie (me).

The District’s Section 504 Compliance Officer cannot serve on school 504 committees because this person is part of the District’s grievance process.

BUILDING LEVEL 504 COORDINATOR

Roles and Responsibilities: Provide guidance and answer questions surrounding

504 referral, evaluation, and implementation from parents/guardians, students, and/or school staff

Attend professional development/training sessions throughout the school year

Schedule and Lead meetings with parents/guardians and relevant school staff

Responsible for data collection in preparation for meetings

Maintain school level 504 files for each student Submit necessary paperwork to Zenobia Ealy in a

timely manner She is to receive a copy of each of your student’s 504 plans

WHAT IS SECTION 504?The Rehabilitation Act of 1973, commonly referred to as “Section

504,” is a federal statute that prohibits discrimination against persons on the basis of their disability by institutions that receive federal assistance.

Section 504’s purpose is, among other things, to assure that students with disabilities have educational opportunities and benefits equal to those provided to non-disabled students.

If a student is covered by Section 504, South Carolina Public Charter School District Schools must provide protection and accommodations as are necessary to ensure that the eligible student has equal access to services, programs or activities offered by our schools.

SECTION 504 IS NOT SPECIAL EDUCATION

IDEA Student must have a disability

that falls into a defined qualifying area and adversely affect educational performance

Must need specially designed instruction

Requires a comprehensive evaluations, including screenings, psycho-educational evaluations and intervention data

Criteria of exclusion/narrow eligibility Works well with RTI

Defined IEP team members Parent consent required Strict and specific timelines

Section 504Student must have* physical or

mental impairment that substantially limits a life function.

Prevents discrimination, insures equal access with accommodations and services

Requires relevant information from a variety of sources

Broadened eligibility Does not work well with RTI

Decision by group of “knowledgeable persons”.

Parent consent recommended“Reasonable” timelines

CAN’T HAVE BOTH…It should be noted that students who qualify for special education services under the IDEA Act are automatically

protected under Section 504.Individualized Education Plans (IEPs) satisfy the

requirements of an accommodation plan.

All Students

Students with 504 Protections

Students with 504 Accommodation Plans

Students with IEPs

WHO CAN REFER A STUDENT?

Section 504 Referrals can come from: A parent/guardian Eligible Adult Student School Staff (Teacher, Nurse, Administrator, Special Area

Teacher, or *RTI Team)

…who believes the student has a physical or mental impairment that substantially limits one or more major life activity.

*A student should NOT go through the RTI process if they are being referred for a 504.

WHEN SHOULD A SCHOOL REFER?When someone thinks the students has a physical or mental disability that substantially limits 1 or more life functions

Receive a doctor’s note or medical report Student returns after a serious illness or injury Student is suspected of having an impairment Student exhibits signs of a chronic health problem/has absences

due to illness

WHO SHOULD SERVE ON A 504 TEAM?

A minimum of 3 knowledgeable persons is considered a team and required for every 504 meeting. Child’s Regular Education Teacher (required) School Level 504 Coordinator (required for initials) Parent/Adult Student Relevant School Staff

Persons knowledgeable of the child Persons knowledge of meaning of evaluation data, Knowledgeable of accommodations/placement options School Psychologist

PREPARING FOR AN ELIGIBILITY MEETING

& MAKING A TEAM DECISION Gather Data: Medical information, report cards, MAP data,

PASS data, attendance report, discipline report, observations from teachers, student history (Information must come from a variety of sources)

Team Members are Prepared: All knowledgeable persons participating in the meeting should come prepared and should KNOW a great deal about the student.

Screenings (vision, hearing, S/L, health) are NOT required Medical Diagnosis: Not Required (If you have other Data) Share Concerns: Make sure all team members are allowed

to share/explain concerns and are fully heard. The amount and the “weight” is determined by the 504 team,

given the student’s individual circumstances Discuss Disability: Attempt to make the connection

between the concerns and the disability. Do NOT focus on one data point. Keep the total child in perspective.

ELIGIBILITY REQUIRES EVALUATIONSpecific criteria ARE NOT required!

Evaluation does not necessarily mean TEST; formal testing is not required!

Requires data from a variety of sources Not just a note from a doctor or 1 discipline report (etc.)

Failing grades are not required

COMMON SOURCES OF EVALUATION DATA

Student grades, disciplinary referrals, health information, parent information, test scores, teacher comments, Special ed. assessments and data

The amount and the “weight” is determined by the 504 team, given the student’s individual circumstances

Screenings (vision, hearing, S/L, health) are NOT required

No medical diagnosis is absolutely required (if you have other data…)

SECTION 504 ELIGIBILITY(3 PART PROCESS)

504 Eligible

Substantially

Limited

Impairment

affects Major Life

Activity

Physical or

Mental Impairm

ent

The Team must answer YES to all 3 Questions for Eligibility:

Question 1: Does the student have a physical or mental impairment?*Look at definition as defined by ADAQuestion 2: Does the physical or mental impairment affect one or more life activities?*See listQuestion 3: Does the physical or mental impairment substantially limit (as compared to the “average” student) a major life activity?

Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting

“MAJOR LIFE ACTIVITIES”

Major Bodily FunctionsFunctions of: Immune system Normal cell growth Digestive Bowel Bladder neurological Brain Respiratory Circulatory Endocrine Reproductive

Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Working

* These are not exhaustive lists …

HAD ENOUGH? Let’s look at the process

It really rather simple!

All Necessary Paperwork for Section 504 is Located on SharePoint

SECTION 504 REFERRAL PROCEDURES

If a parent/guardian or adult student requests 504 consideration, he/she is directed to the school’s 504 Coordinator. The school’s 504 Coordinator : Completes the Referral for Section 504 form in an interview with the parent/adult student

Provides the parent/guardian/adult student with a copy of Section 504 Rights

Schedules a meeting with the parent/adult student and relevant school staff*, then sends the parent/adult student a Section 504 Meeting Invitation.

The 504 Coordinator coordinates data collection in preparation for the meeting.

Step 1 – Parent Request

SECTION 504 REFERRAL PROCEDURESIf a school staff member wants to request 504 consideration for a student the staff member contacts the school’s 504 Coordinator. The 504 coordinator does the following: Completes the Referral for Section 504 form with the referring

staff member. Schedules a meeting with relevant school staff* and

parent/guardian, then sends the parent a Section 504 Meeting Invitation. The student’s parent is also sent a copy of Section 504 rights.

The 504 Coordinator coordinates data collection in preparation for the meeting.

Step 1 – School Staff Request

DEFINITION OF A DISABILITY IN SECTION 504

The Amendments Act emphasizes that the definition of “disability” in Section 504 should be interpreted to allow for broad coverage.

Disability is defined as – 1. A physical or mental impairment that substantially limits a

major life activity2. A record of such an impairment3. Being regarded as having such an impairment

Determination of whether an individual has a disability should NOT demand extensive analysis

“AS REGARDED AS” - DISABILITY If an individual can establish that he or she has been subjected to an act prohibited by Title II or Section 504 because of an actual or perceived physical or mental impairment, then he or she is entitled to protection under these laws. The Amendments Act clarifies that the statutory protections apply whether or not the individual actually has an impairment, an also whether or not the impairment is perceived to be a substantial limitation on a major life activity.

Example – Consider a nondisabled student who mother is a well-known AIDS activist in the community. After the student transfers schools at mid-year, he is harassed by other students based on their mistaken assumption that he has AIDS. This student who is regarded as having an impairment, would be protected by the ADA and Section 504.

An initial 504 meeting is held. At the initial 504 team meeting:

The Referral for Section 504 form and available data are reviewed by the team.

The team determines if additional information is needed to help determine 504 eligibility.

The Parent Permission for 504 Evaluation form is completed by the team, and signed by the parent, if in attendance.

Step 2 – Initial Mtg Held

If additional data or information is not needed, the meeting continues and the 504 team completes:

The Section 504 Initial Evaluation & Periodic Re-Evaluation form

A Section 504 Plan, if applicable. Ensures 504 Parental Rights have been provided to the

parent, guardian, or adult student.

Step 2 – Additional Data Not Needed

If additional data or information is needed, this initial meeting ends. The additional data is collected then the team reconvenes. The 504 Coordinator will schedule the meeting and send the parent/guardian a Section 504 Meeting Invitation.

At this follow-up meeting, the team completes: The Section 504 Initial Evaluation & Periodic Re-Evaluation form

A Section 504 Plan, if applicable Ensure 504 Parental Rights have been provided to the parent, guardian, or adult student.

Step 2 – More Data Needed

WHAT IS SUBSTANTIALLY LIMITS?

“Substantially Limits” is not clearly defined.

The decision must be made on a case by case basis by a school team. Teams should err on the side of inclusion/eligibility.

A disability is not substantially limiting if the student is as successful as typically developing students in the major life activity.

A disability may be considered substantially limiting if it prevents the student from participating in the same activities as other students.

“SUBSTANTIALLY LIMITS” The term “substantially limits” shall be interpreted

without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses.

Mitigating Measures – Medication Assistive devices Prosthetic devices Or learned behavioral or adaptive neurological

modifications that an individual may use to eliminate or reduce the effects of an impairment

Example: A student who has an allergy and requires allergy shots to manage that condition would be covered under Section 504 and Title II if, without the shots, the allergy would substantially limit ta major life activity.

DON’T FORGET: MITIGATING MEASURES School districts must consider “mitigating measures”

used by a student in determining whether the student has a disability under Section 504. Mitigating measures are devices or practices that a person uses to correct for or reduce the effects of that person’s mental or physical impairment. Examples include corrective eyeglasses and medications.

A person who experiences no substantial limitation in any major life activity when using a mitigating measure might meet the definition of a person with a disability but might not require an accommodations plan under Section 504.

EPISODIC OR REMISSION An impairment that is episodic or in remission is disability if,

when in an active phase, it would substantially limit a major activity.

Example: A student with bipolor disorder would be covered if, during manic or depressive episodes, the student is substantially limited in a major activity ( thinking, concentrating, neurological function, or brain function)

TEAM’S DECISION AND POSSIBLE ELIGIBILITY OUTCOME (3 OUTCOMES)

1. Not Eligible – Answered No to 1 or more of 3 questions

Explain why the team came to decision and provide various sources of data .

If the parent doesn’t agree, make sure the parent understands the team’s rationale.

Also let the parent know that a “no” decision means “no” that day. Situations change, and it doesn’t mean “no” is always the answer.

2. Eligible with a Plan – Answered “yes” to questions 1-4

The team determines that the disability based on the issues should be accommodated through the implementation of a 504 plan.

TEAM’S DECISION AND POSSIBLE ELIGIBILITY OUTCOME (3 OUTCOMES)

3. Eligible with NO Plan – Answered “yes” to questions 1-3, but not question 4

The team determines that the student is eligible, but the physical or mental impairment is in remission (no need for services).

The team determine the student is eligible, but the student’s needs are being met by the positive effect of mitigating measures.

SECTION 504 REFERRAL PROCESS Step 3 – Accommodations Plan (if eligible)

Develops the accommodation plan, that includes statewide testing accommodations.

The accommodations provided should allow for the child to have the same equal access as their non-disabled peers.

Do not treat accommodations like a buffet.

Be specific and clear with your accommodations Extra time versus 1.5x extra time for math related assignments Preferential seating versus siting next to instruction

Meet with school staff who interact with the student and provide them with a copy of the accommodations plan. (Remind them of Confidentiality)

All school staff who will interact with the student must: Receive a copy of the accommodations plan Sign the receipt of accommodations form

(This indicates they have received a copy of the accommodations/actions and will provided what is necessary to meet the student’s needs. This will also serve as an additional form of documentation.)

Step 4 – After the Meeting

504 Coordinators will maintain a 504 file for each student. This file should contain all forms, data, receipt of accommodations form, and reports.

A copy of the most recent 504 Plan/evaluation/reevaluation needs to be sent to Zenobia Ealy. zealy@sccharter.org 803-734-8325 (fax)

504 Files

MANIFESTATION PROCEDURES

Students with Section 504 protections also require manifestation determination meetings. All of these procedures apply except students with 504 plans

do not qualify for AES services. If the behavior/incident is not a manifestation of the disability, appropriate disciplinary action can proceed and the student can be treated like any other non-disabled student.

If the behavior/incident IS a found to be related to the disability, and the student will be over the 10 allowed days, the school may not discontinue educational services. This means that the student MUST be returned to the regular education program in which he/she was enrolled. In addition, a re-evaluation MUST be initiated to determine the need for additional accommodations under Section 504 (including a behavior plan) or evaluation for eligibility under IDEA.

Current drug and alcohol use/sale automatically cancels 504 protections.

WHAT DO I NEED TO DO NOW?

Meet with the 504 Coordinator in your building from last year Obtain all student files Review the list of students to ensure you have the

files for all students in your building. Review the 504 plans to ensure you understand the needs of the students

Meet with staff members who interact with students and provide them a copy of the accommodations plan. Also have them sign a receipt of accommodations form. Should have taken place prior to school starting

Annual Review/Reevaluation Suggested Timeline

All students with 504 Plans will have an annual review each year before the end of the first 9th weeks.

Students who are 504 eligible had ever-changing needs and requirements and plans should be modified based on those needs.

Changes (even if minor) document that the case has been reviewed and the student’s needs have been considered by the 504 team.

WHAT DO I NEED TO DO . . .

TRANSFERS INTO THE DISTRICT If a student has recently received, or is suspected of

having recently received, Section 504 support out-of-district, then a referral for Section 504 services must be initiated. Pending the completion of an evaluation and final determination of the student’s need for an annual Section 504 Accommodation Plan, interim Section 504 services may need to be implemented for the student.

TRANSFERS Step 1: Acquire all 504 records from previous school district Step 2: Hold Interim Planning Meeting to determine:

(a) whether the student has an identified physical or mental impairment; (b) whether the student’s out-of-district accommodations are consistent with

federal and district Section 504 standards, appropriate and sufficient, and can be implemented as written in this district; and

(c) whether additional evaluation components need to be completed Team can determine to implement the out-of-district 504 Accommodation

Plan as written (complete district evaluation summary and accommodation plan)

Team can determine to modify the out-of-district 504 Accommodation Plan (complete the district evaluation summary and accommodation plan)

Step 3: Within 30 calendar days, determine district/school eligibility (based on current data) Requires completion of evaluation summary/determination and

accommodation plan

REEVALUATIONS Prior to making any significant changes in a student’s

accommodation plan or educational placement, a Section 504 reevaluation must be conducted to determine the student's educational needs. Significant changes also include “exiting.”

Forms/Documentation: Notification of Meeting (with procedural safeguards) Evaluation/Reevaluation Form 504 Plan (if determined continued eligibility)

NO LONGER ELIGIBLE A student may only be exited from Section 504 support

under the following circumstances: (a) a temporary impairment, which had educational implications for the student (e.g., injuries sustained in an accident), is no longer present, (b) the student's disability no longer substantially limits his/her major life activities, or (c) the student has been identified as eligible for receiving special education and related services. Sufficient documentation is required to complete the exiting process. See process for “reevaluation” to exit the child

NEEDS MORE THAN A 504 PLAN If the student’s needs are so extreme as to require

special education and related services, a referral to special education must be considered.

A 504 accommodation plan should not be developed at this time.

Remember a 504 Accommodation plan is the provision of a FAPE. If services under IDEA are needed to provide a FAPE, then a FAPE cannot be lessened to what a 504 can provide.

GRIEVANCE Step 1: Voluntary Grievance Review at the Building Level.

File a written complaint with the site 504 Facilitator and/or Principal detailing disagreement and request that the 504 team review the plan in an attempt to resolve the disagreement.

The complaint shall be handled promptly, allowing no more than five working days to elapse before a written response is made by the 504 Coordinator or Head Administrator and presented or mailed to the person who issued the complaint.

GRIEVANCE CONTINUED *Step 2: Grievance to the District’s 504 Compliance

Officer *Step 3: Request Impartial Due Process Hearing *Step 4: File a complaint with the Office of Civil Rights

*Although complainants are always encouraged to attempt to resolve concerns by other dispute alternatives, a complainant’s request for a grievance review under Steps 1 and 2, above, is optional and is not required before requesting an Impartial Hearing or before filing a formal complaint with the Office of Civil Rights

QUESTIONS?

Robert Compton,504 Compliance OfficerSouth Carolina Public Charter School District3710 Landmark Drive, Suite 201Columbia, SC 29204803-734-8067 (o)803-230-9593 (c)803-734-8325 (fax)rcompton@sccharter.org