section 504 rehabilitation act of 1973 developed by contra costa selpa 2001-2002
TRANSCRIPT
SECTION 504
Rehabilitation Act of 1973
Developed by
Contra Costa SELPA
2001-2002
Section 504 8-9-01
2
Facilitated by
Contra Costa SELPA Staff
Section 504 8-9-01
3
PurposeThe purpose of this training is to teach and inform administrators, general and special education teachers and staff of the requirements under Section 504 of
the Rehabilitation Act of 1973.
Section 504 8-9-01
4
AgendaThe Law
Requirements
Free and Appropriate Public Education
Definitions
Eligibility
Evaluation and Qualifying
Elements of a 504 Plan
Discipline
District Requirements
Procedural Requirements
Administrator or Designee
Section 504 8-9-01
5
A Broad Civil Rights Law: Rehabilitation Act of 1973
Prohibits discrimination in many areas including handicapped persons by schools receiving federal financial assistance. It includes all programs or
activities of a school which receives federal funds.
Section 504 8-9-01
6
Section 504 Ensures
That education provides a full range of accommodations for student with special needs in order to participate and benefit from general education and activities.
Section 504 8-9-01
7
Summary
If a school district is meeting the needs of children without disabilities to a greater extent than it is meeting the needs of students with disabilities, then discrimination is occurring.
Section 504 8-9-01
8
District Requirements
School districts are required to annually identify and serve every qualified handicapped person residing within the district’s jurisdictional boundaries and to take appropriate steps to notify such person of the district’s duties under Section 504.
Section 504 8-9-01
9
District Requirements (cont.)
Equal access, with accommodations, if appropriate, includes all areas of curricular and extra curricular activities, programs, and services available to other students.
All educational programs must be accessible to disabled students, including daycare, after-school care programs, sports, dances and other extracurricular activities.
Section 504 8-9-01
10
District Requirements (cont.)
The Office of Civil Rights had concluded that qualified disabled children may not be categorically denied the opportunity to participate in non-educational programs on the basis of their disabilities.Parents of children with disabilities may not be required to supply aides or babysitters during non-educational programs when the same requirement does not apply to parents of children without disabilities.
Section 504 8-9-01
11
District Requirements (cont.)
Parents of children with disabilities may not be charged more for non-educational programming than the parents of children without disabilities. (OCR) Senior Staff Memo, 17 IDELR 1233 (1990).)
Section 504 8-9-01
12
Definition: Discrimination Based on Disability
No otherwise qualified individual with a disability…shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Section 504 8-9-01
13
Free and AppropriatePublic Education
School districts must provide a free and appropriate public education to each qualified handicapped person regardless of the nature or severity of the person’s handicap. (Section 104.33)
Section 504 8-9-01
14
FAPE (cont.)The provision of an appropriate education is the
provision of regular or special education and related aids and services that:Are designed to meet individual educational needs of handicapped persons as adequately as the needs of non-handicapped persons are met andAre based upon the adherence to procedures that satisfy the requirements of the law (Section 104.33(B)(1))
Section 504 8-9-01
15
Definition: Handicapped
Any person who has a physical or mental impairment which substantially limits one or more major life activities; has a record of such an impairment or is regarded as having an impairment.
Section 504 8-9-01
16
Definition: Physical Impairment
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following systems:
NeurologicalMusculoskeletalSpecial sense organsCardiovascularReproductive
Genito-urinaryHermic and lymphaticSkin and endocrineDigestive
Section 504 8-9-01
17
Definition: Mental Impairment
Any mental or psychological disorder such as:
Mental retardation
Organic brain syndrome
Emotional or mental illness
Specific learning disability
Section 504 8-9-01
18
Definition: A Major Life Activity
Functions such as caring for oneselfPerforming manual tasksWalkingSeeingHearingSpeakingBreathingLearning
WorkingSittingStandingLiftingReachingThinkingConcentratingInteracting with othersReading
Section 504 8-9-01
19
Major Life Activities (cont.)
Major life activities are “those basic activities” that the average person in the general population can perform with little or no difficulty.
Section 504 8-9-01
20
Definition:Substantial Limitations
In determining whether a student’s disability substantially limits a major life activity entitling the student to FAPE, the district must focus on both:
Learning and
Behavior
Section 504 8-9-01
21
Definition: Substantial Limitations (cont.)
Learning
In determining whether a student’s mental or physical impairment “substantially limits” the major life activity of “learning,” the district should compare the student’s academic progress to that of the “average child,” not a child of similar intellectual potential.
Section 504 8-9-01
22
Definition: Substantial Limitations (cont.)
A student is not “substantially limited” simply because the student is not reaching his or her potential.
Section 504 8-9-01
23
Definition: Substantial Limitations (cont.)
Behavior
To determine whether a student’s mental or physical impairment “substantially limits” a major life activity, the district must consider whether the student’s behavior substantially limits the student’s ability to participate in school (e.g., attend school without suspensions or expulsions; participate in non-academic activities).
Section 504 8-9-01
24
EligibilityIf the student meets the definition of a qualified handicapped person, the student is eligible for 504 accommodations.
If a student is achieving at or above grade level, there is no substantial limitation in learning and is not eligible for 504 accommodations.
Section 504 8-9-01
25
Eligibility (cont.)
Determining disability in the corrected state
In a trio of related cases, the Court has ruled that mitigating measures such as corrective lenses or medication must be taken into account when judging whether a student or employee is disabled. The student or employee must be judged in the corrected state.
Section 504 8-9-01
26
Eligibility (cont.)
As a result of this corrected state case-by-case standard, the Court ruled that students with correctable impairments such as poor eyesight, diabetes and heart disease were not disabled under the facts of each case. Because each situation must be considered on a case-by-case basis, however, the Court’s rulings do not apply to every student or worker with such impairments. Therefore, this may limit students who are eligible for Section 504 Plans.
Section 504 8-9-01
27
EvaluationDraws on a variety of resourcesAdministered by trained personnelPlacement is made by a group of people who are knowledgeable about the studentMay not require district to do standardized testing“… is regarded as having an impairment” may be all that is required
Section 504 8-9-01
28
Students who do not qualify under the Individuals with Disabilities Education Act (IDEA ’97) may qualify under Section 504Examples:
Students with Attention Deficit DisorderStudents with Attention Deficit and Hyperactivity Disorder
All who qualify under IDEA are eligible under Section 504
Qualifying:IDEA Or Section 504
Section 504 8-9-01
29
Qualifying: Attention Deficit Disorder
A student is eligible for Section 504 if the ADD or ADHD impacts the student’s educational program and substantially limits a major life activity, such as learning
Depends on the severity of the condition
Section 504 8-9-01
30
Qualifying:Attention Deficit Disorder (cont.)
A student who has a disability under Section 504:Is entitled to receive any special education services the placement team decides are necessary for the student to receive FAPE.May receive related aids and services in the regular education setting.Must be provided regular or special education programs, including modifications and supplementary aids and services, based on individual needs.Must have a Section 504 Plan which specifies appropriate specialized instruction or services
Section 504 8-9-01
31
Qualifying: If an Evaluation is Warranted …
Section 504 requires evaluation procedures to ensure:Evaluation materials have been validated for the specific purpose for which they have are used and are administered by trained personnel.Evaluation materials include those that assess educational need and not merely a single general intelligence test.Tests that are used do not reflect a student’s impaired sensory, manual or speaking skills.
Section 504 8-9-01
32
A student exiting special education has already been determined to have a disability.
The district should initiate a Section 504 evaluation to determine whether the student has a disability which substantially limits one or more major life activities.
Qualifying: If an Evaluation is Warranted …
Section 504 8-9-01
33
Qualifying: If an Evaluation is Warranted …
A district only has an obligation to evaluate if it suspects that the student has a disability that would result in Section 504 eligibility.
The parent must be provided with written notice of the district’s decision and inform the parent of due process rights under the District’s Section 504 Policies.
Section 504 8-9-01
34
Qualifying: If an Evaluation is Warranted …Parents have a right to:
Contest determination
Examine relevant records
An impartial hearing
Have an attorney present
An opportunity for review
Section 504 8-9-01
35
Qualifying: The District Shall Ensure That…
Documentation is maintained
Placement decision is made by a group of persons knowledgeable about the student
Parent has access to records
Parent receives notification but is not required to participate in meetings
Parent is provided notification of parent rights under the district’s Section 504 policies
Section 504 8-9-01
36
Specific Steps …Supporting evidence that the condition substantially limits the ability to learn
The student is entitled to accommodations to the general education curriculum
A 504 plan is developed
Accommodations are implemented
The 504 plan is periodically reviewed and reevaluated
Section 504 8-9-01
37
Elements of a Legal Section 504 Plan
Section 504 requires that schools design an individualized program to meet the student’s need. (34 CFR 104.33(b)(1).)A 504 Plan must address the five following concerns:
DisabilityAssessment ProceduresEducational ImpactFAPELRE
Section 504 8-9-01
38
Section 504 Plan (cont.)
DisabilityNature of the student’s disability and the major life activity it limits
Assessment ProceduresThe basis for determining the disability
Evaluation procedures are documented in the plan (34 CFR 104.35 (b).)
Section 504 8-9-01
39
Section 504 Plan (cont.)
Educational ImpactDescription of how the disability affects the child’s education
FAPERequirement that the school will provide services that “are designed to meet the individual needs of handicapped persons as adequately as the needs of non-handicapped persons are met” (34 CFR 104.33(b)(1).)
Section 504 8-9-01
40
Section 504 Plan (cont.)
Least Restrictive RequirementThe LRE requirement is similar to that which is mandated under IDEA (34 CFR 104.34.)
Section 504 8-9-01
41
Discipline & Section 504
The Office of Civil Rights has opined that the same procedural protections available to students eligible under IDEA ’97 are available to students eligible under Section 504.
The Office of Civil Rights recommends that districts maintain a formal, written discipline policy for students who are disabled under Section 504.
Section 504 8-9-01
42
Discipline & Section 504
Section 504 does not contain a “stay put” provision
If a dispute arises regarding disciplinary action against a student eligible under Section 504, the student is not entitled to remain in his/her current educational placement pending the outcome of the dispute
Section 504 8-9-01
43
Change in PlacementHonig v. DoeThe suspension or expulsion of a disabled student may constitute a change in placement.
34 EHLR sec. 104.35(a)An individual evaluation must be conducted before any action is taken with respect to either the initial placement of a disabled student in a regular or special education program or to any subsequent significant change in that placement, including removal from school for more than 10 school days in a school year.
Section 504 8-9-01
44
Change in Placement (cont.)
A series of suspensions that are each 10 days or fewer in duration may create a pattern of exclusions that constitute a significant change in placement.
Relevant factors to considerThe length of each removal
The total amount of time the student is removed from school
The proximity of the removals to each other
Section 504 8-9-01
45
Change in Placement (cont.)
Before expelling a student who has a 504 Plan:
Conduct an evaluation to determine:Whether the misconduct is a result of the disability
Whether the current placement is appropriate
Convene a meeting to determine:Whether a behavior plan is necessary
Whether modifications in the student’s educational program or placement is necessary
Section 504 8-9-01
46
Change in Placement (cont.)
RequirementsWritten notice to parents
Determination that the student’s misconduct was not a manifestation of the disability
The basis for that determination
An explanation of applicable procedural safeguards, which includes the rights of the parents
• To initiate an impartial Section 504 hearing• To seek administrative or judicial review
Section 504 8-9-01
47
Change in Placement (cont.)
Discipline
An evaluation must be conducted prior to any significant change of placement (e.g., suspensions of more than ten (10) school days and expulsion).
Section 504 8-9-01
48
Use of DrugsCurrent illegal use of drugs is not covered under Section 504 or ADA
Disciplinary action pertaining to the use or possession of drugs is the same as for non-disabled students
A person with a history of drug use who has been successfully rehabilitated or is participating in a rehabilitation program and not using drugs is covered under both laws.
Section 504 8-9-01
49
Drug And Alcohol ProblemsAn individual who possesses illegal drugs or
alcohol, but is not currently using either one, must be afforded procedural protections, including a reevaluation of the disability to determine if the misconduct was a manifestation of the disability, and appropriate procedures must be followed to institute a significant change in placement, if necessary.
Section 504 8-9-01
50
Section 504 District Requirements
Assign a Section 504 Coordinator(Required if a school district has 15 or more employees)
Adopt written grievance procedurePrompt and equitable resolution of complaints
Train all staff to implement policy
Section 504 8-9-01
51
Procedural Requirements For The District
Provide parents with notice when a change in placement is consideredProvide parents with an opportunity to examine relevant recordsProvide parents with an impartial hearing to resolve disputesProvide parents with information entitling them to counsel at the hearingProvide parents with information that the hearing must be subject to a review procedure
Section 504 8-9-01
52
Remedial ProceduresParents may file complaints with the Office of Civil Rights.Parents may request hearings before impartial hearing officers.Parents may file lawsuits in state or federal courts.
There is no duty to first file an OCR complaint or request an impartial hearing
If the student qualifies under both Section 504 and IDEA, the student must first pursue all available IDEA remedies.
Section 504 8-9-01
53
Alternative Dispute Resolution
1. Resource Parents (Parent to Parent Support)
2. Program Specialists (Placement Specialist Support)
3. Facilitated IEPs
4. Solutions Panel
5. Local Mediation
The opportunity to resolve disputes at the lowest level and in the most timely manner under
neutral,non-adversarial conditions.
Section 504 8-9-01
54
Alternative Dispute Resolution
Contact the
SELPA Coordinator of Dispute Resolution
at
(925) 827-0949 ext. 13
Section 504 8-9-01
55
For the Administrator or DesigneeStep by step procedure
Step 1: If a concern is voiced regarding a student (both externally and internally) the concern is documented in Section 504 screening and referral form and is given to the designated building team.
Step 2: Parent notification of Section 504 team referral and Section 504 parent rights are sent. (file the documentation)
Section 504 8-9-01
56
Administrator or Designee (cont.)
Step 3: The team reviews the student’s records and history, consults with the classroom teacher and other professional as appropriate and determines the student’s current level of participation in academic and non-academic areas of the school program.
Step 4: Given available information, the team determines whether a student is or is not disabled under Section 504.
Section 504 8-9-01
57
Administrator or Designee (cont.)
Step 5: Complete the evaluation in all areas of concern and gather pertinent information from all other professionals (e.g., teachers, doctors, psychologists, etc.).
Step 6: The team reviews all evaluation results and other information and determines eligibility.
Section 504 8-9-01
58
Administrator or Designee (cont.)
Step 7: If the team determines that the student is not eligible, provide the parent with a copy of the Section 504 parent rights.If the team determines the student eligible:
Develop a plan for the student to assure full participation. Specify modifications and/or accommodations or services to be provided to the studentProvide the parents with a copy of the plan.Provide the parents with a copy of the Section 504 parent rights.
Section 504 8-9-01
59
Administrator or Designee (cont.)
Step 8: Designate a building staff person to serve as case manager to monitor:
Implementation of the plan
Student participation and
Progress
Section 504 8-9-01
60
Administrator or Designee (cont.)
Step 9: Review annually by the team. Reevaluation is required before a significant change of placement:
ExpulsionSuspensions that exceed more than 10 school days within a school yearGraduationRemoval from a fully integrated curriculum to a resource room (vice versa)Home instruction as placement
The Contra Costa SELPA would like to thank you for your
interest in this topic and for your
attendance at this training.