section 504 of the rehabilitation act subpart d of 504 regulations | civil rights for children and...
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SECTION 504 of the Rehabilitation Act
Subpart D of 504 Regulations | Civil Rights for
Children and Youth with Disabilities
School Level Training
Presenter
• Not an attorney• Director, TAESE• Technical Assistance Provider• Special Education Teacher• LEA Director• School Psychologist• Section 504 Coordinator• General Education Teacher• Educational Surrogate Parent
Section 1
IntroductionWhat is Section 504 Subpart D of the Section 504 Regulations and how does the law and regulations apply to schools?•Purpose—to provide practical guidance, information, and best practices
•ADA Amendments of 2009
•Not legal advice
•Final word should be with the Office for Civil Rights (OCR) and your school legal services.
Disclaimer
This presentation is not intended to provide legal advice or establish policy, but practical implementation strategies. The content is for general information only and might not reflect the opinion and/or policy of the U.S. Department of Education or Office for Civil Rights (OCR).
The slides of this presentation should not be used out of context or distributed to other parties. The content of the presentation was reviewed and approved by the regional Office for Civil Rights.
Section 2
Office for Civil Rights (OCR)What agency provides technical assistance and enforcement for Section 504 and other Civil Rights laws?
Office for Civil Rights
The Office for Civil Rights (OCR) in the U.S. Department of Education is a law enforcement agency charged with enforcing federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, and age by recipients of federal financial assistance.
•Investigates complaints•Technical assistance•Collects data
Critical Laws/Regulations
• Section 504 of the Rehabilitation Act• Americans with Disabilities Act (ADA) and
Amendments of 2009• Individuals with Disabilities Education Act (IDEA)• State special education regulations• Elementary/Secondary Improvement Act (1965)• Title VI and Title IX—Race/gender• Family Educational Rights and Privacy Act (FERPA) • OCR/OSEP Letters
Section 504—Regulations• Subpart A — General Provisions• Subpart B — Employment Practices• Subpart C — Accessibility• Subpart D — Preschool, Elementary, and
Secondary Education• Subpart E — Postsecondary Education• Subpart F — Health, Welfare, and Social Services• Subpart G— Procedures
Focus of presentation—Subpart D of 504 Regulations
* Refer to handout.
Americans withDisabilities Act
Title II
Americans withDisabilities Act
Title II
Terminology
Section 504Section 504
Similar Requirements
Title 34 Education, Part 104
Focus of Presentation Subpart D of 504
Regulations• Requirements in regards to preschool,
elementary, and secondary education• We will address student issues,
not employment.• Follow the school policies and procedures.
ADA Amendments of 2009
The Americans with Disabilities Act, Amendments of 2009 created some changes to Section 504.
* Refer to OCR Q&A.
Pupose—504
Section 504 is a civil rights law aimed at discrimination. Like the sister statutes of Title VI (race) and Title IX (gender), Section 504 focuses on discrimination based on disability. Obligations come with receipt of federal funds.
Civil Rights
• Section 504 is often referred to as the first civil rights law for individuals with disabilities—1975.
• Section 504 applies to students, parents, employees, and other individualswith disabilities.
Civil Rights
Prior to Section 504 and the Education for All Handicapped Children Act, children were denied a free and appropriate public education.
Types of Discrimination
Disability, aging, gender, and culture are all part of human existence. We should accept and respect these realities.
disABILITYFocus on what a person can do,
not what they cannot do.
Who Must Comply?
IDEAAll public, charter, and virtual schools
Section 504Schools that receives federal funds of any kind or any amount. This includes private, charter, and virtual schools.
ADAAny business, governmental agency, or public accommodation other than churches or private clubs.
Discrimination
Discrimination occurs when people are treated unequally or less favorably than others because of some real or perceived characteristic. In schools, discrimination can make it difficult for students to learn because they don’t feel safe or accepted.
Discrimination
Discrimination can be…•Real•Perceived•School records
* Bullying and discrimination are related.
Life is Not Fair!
• Two students, one with superior academic abilities and one with low academic skills, cope with the same general curriculum and expectations.
• One student has 20/20 vision while another is legally blind.
• One student comes from a supportive familywhile another deals with the problems of a dysfunctional family.
• Individuals with disabilities have a higher unemployment rate than those without disabilities.
Key Section 504 Concepts
Fairness
Substantial Limitation
Level Playing Field
General Education
Accommodations
Civil Rights
Access
Identification
Access to Educational Programs
• For many years, schools thought the main responsibility under Section 504 was to make buildings accessible (ramps, curb cuts, elevators, larger restroom stalls, etc.)
• Within the last few years, the Office for Civil Rights has become active in assisting schools to further define access.
• The definition of access means more than physical access; students may need special accommodations, such as modified assignments and behavior plans to benefit and access their educational program.
Section 504 of the Rehabilitation Act
General Requirements• Prohibits discrimination against any individual
because of a disability. • Requires physical accessibility of public buildings,
including schools.• The school program must provide accommodations in
the general education program to allow the identified student with disabilities to access their educational program.
• Prohibits discrimination based upon a “record” or “perception.”
Funding and Civil Rights
Civil Rights is a constitutional guarantee. Congress will never provide money to States for implementing civil rights; it’s just the right thing to do.
“It is too bad we have to legislate civil rights.”Martin Luther King
Section 4
Section 504Procedural
RequirementsWhat are some major procedural requirements under Section 504 and how are they to be implemented?
Some 504 Requirements(CFR 34.104)
• Written Assurance• 504 Coordinator—15 or more employees• Public Notice• Grievance Procedure• Child Find• Written Notice • Procedural Safeguards
* Refer to 504 regulations
Section 5
Section 504 Student Identification, Evaluation,
Placement and Accommodations/Services
What is the process and requirements for a student to receive 504 accommodations/services?
Understand the 3 prongs relating to 504 identification.
FAPE and 504 | (CFR 34: 104.33)
Under Section 504, “free appropriate public education” is defined as “the provision of general or special education and related services that are designed to meet the individual educational needs” of a disabled student as the needs of non-disabled students are met. A Section 504 Plan, therefore, can address such issues as health care, behavioral, instructional, and educational services and accommodations.
Procedural Safeguards | (CFR 34.104.36)
Once identified, the student and parent are entitled to all of the procedural protections of the law/regulations—notice, consent, team meetings, manifestation determinations, due process hearings, etc.
Identification = Procedural Safeguards Protections
Section 504 Identification Criteria
Prong 1 Identification, Evaluation, & Eligibility
Prong 2 Record
Prong 3 Perception
3 Prongs
The individual has a physical or mental impairment that substantially limits one or more of a person’s major life activities.
Section 504Identification Criteria
Prong 1
Walking Breathing Learning Reading Concentrating Thinking Communicating Bending
SeeingSpeakingEatingHearingLiftingStandingSittingWorking
Reaching Sleeping Performing manual tasks Caring for one’s self Interacting with others Operation of a bodily function Other ____________________
* Determined through an evaluation and a school team that includes the parents.
* Many relate to “employment.”
Impairment or Disability
There are many more people with “impairments” than there are people with “disabilities.” The difference lies in the effect the impairment has on the person. If the impairment causes a “substantial limitation” of “major life activity” then the person has a “disability.” If the impairment does not “substantially limit” the person, then it is an impairment—not a disability.
How Does Section 504 Fit?Big Picture
All studentswithin the school
Students with
Impairments
504ImpairmentsSubstantialLimitation
IDEA13 Disabilities
Evaluation and 504
Although a 504 evaluation may include formal assessment, it is not required. Only an “evaluation” sufficient to provide information to determine the existence of a disability under Section 504 need be obtained. An “evaluation” under Section 504 could consist of a meeting to examine all existing data, including observational data, to determine whether it is sufficient to support a determination that the student is/is not disabled under Section 504. (34 CFR 104.35)
Determining Identification(34 CFR 104.35(c))
Three steps are required in interpreting evaluation data and in making placement decisions. A school shall:draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior
establish procedures to ensure that information obtained from all such sources is documented and carefully considered
ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of evaluation data, and the placement options.
* A medical diagnosis only is not sufficient.
Three Standards for Determining Section 504 Identification
Good evaluation dataVariety of sources
A team knowledgeable about the student, including the parent
Individual(s) on the team knowledgeable about the disability
Related Services
Many students under Section 504 mightonly need a related service.•School counseling•School nurse services•Transportation•Other
Possible Discrimination
There are times when a student can experience discrimination based on their school record.
Johnny
Jones
Definition Issue
NOTE: The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having an impairment” are relevant only when some negative action is taken based on the perception or record. “This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered.” (OCR Policy Memorandum, August 3, 1992).
Section 6
Section 504: Suggested
Identification ProcessWhat are the best practices of a Section 504 identification process?
School Policy and Practices
Suggested 504 Process
• Building Level Support Teams
• Interventions and modifications not successful
• Complete referral• Notice/consent• Formal and
informal evaluations.
• Section 504 committee• Has a mental or
physical disability that substantially limits a major life activity.
• Meets criteria.• Assign case manager.
• Accommodation plan• Possible membership
•Parent(s)•Teacher(s)•Principal•School counselor•School nurse•Others, as needed
Areas of accommodation could include:
•Academic•Health care•Physical•Behavioral•Training•Placement
Collect data and monitor to determine effectiveness of accommodations.
Periodically review and revise plan.
1. At Risk Program
2. Referral/Evaluation
3. Identification
4. DevelopingSection 504 Plan
5. Implement Plan
6. Evaluate Plan
7. Review
John Copenhaver, MPRRC, 1999
Section 7
Comparison of Section 504 with Special Education
What are some similarities and differences between special education IDEA and Section 504?
Comparison
IDEA Section 504 ADA
Age Range Birth to 21 years*
Birth todeath
Birth todeath
* Varies by State.
Comparison
Area of Comparison Section 504/ADA Special Education
Type Civil Rights Education
Responsibility General Education (shared)
Special Education (shared)
Comparison
Area of Comparison Section 504/ADA Special Education
Administrator Section 504/ADA Coordinator
Special Education Director
Funding School Responsibility Local, State, and Federal
Comparison
Area of Comparison Section 504/ADA Special Education
Enforcement Office for Civil Rights (OCR)
Office of Special Education Programs
(OSEP)
Identification
Evaluated and currently has physical/mental
disability that substantially limits a
major life activity
Must qualify under one of the 13 disability
categories
Evaluation Required for identification Required for eligibility
Comparison
Area of Comparison Section 504/ADA Special Education
FAPE
General education accommodations, special education,
and/or related services
Must be eligible and need special education; then
related services can be added if they are necessary.
Service ToolAccommodation Plan
and/or written documentation
Individual Education Program
Team Section 504 Team IEP Team
Reevaluation Periodically Every 3 years
Comparison
Area of Comparison Section 504/ADA Special Education
Least Restrictive Environment
Based upon the Section 504 Plan and unique needs of the
student
Based upon the IEP and unique needs of the
student
Attention Deficit Disorder
Is identified if the disability substantially
limits a major life activity
Could be served under the categories of LD,
OHI, ED, or TBI.
Comparison
Area of Comparison Section 504/ADA Special Education
Grievance ProcedureRequires a grievance
procedure to deal with discrimination issues.
Grievance procedure not required.
Complaints can be file with the State.
PostsecondaryServices are
provided if eligibility is determined.
Services end at high school graduation or age
ceiling.