Student 504Uintah High School Training

March 6, 2014

504 Plan IS:

• An accommodation and/or services plan that the eligible student needs in order to access publicly funded programming to the same extent as his/her average non-disabled peers.

504

• A 504 is a federal contract that must be implemented with fidelity.

A 504 Plan is NOT:

A consolation prize for not qualifying for IDEA. The Junior Varsity IDEA Team. A step-down plan from special education. A preventative model. It is based on Current function. For “at risk” students. A student “Success Plan”. To help students pass tests. It is to help students Take the tests. A plan that a student can take to college. For students because the doctor says he needs 504 accommodations. (FAPE is a

Team Decision) A wish list of accommodations. The 504 accommodations are targeted to allow

FAPE. For students whose parents refuse IEP services and demand a 504 plan instead. A “compromise” plan designed to please parents instead of providing a FAPE.

Instead, it should be all about the FAPE.

A 504 Plan is NOT:

• A consolation prize for not qualifying for IDEA.

A 504 Plan is NOT:

• The Junior Varsity IDEA Team.

A 504 Plan is NOT:

• A step-down plan from special education.

A 504 Plan is NOT:

• A preventative model. It is based on Current function.

A 504 Plan is NOT:

• For “at risk” students.

A 504 Plan is NOT:

• A student “Success Plan”.

A 504 Plan is NOT:

• To help students pass tests. It is to help students to take the

tests.

A 504 Plan is NOT:

• A plan to provide educational benefit (that’s an IEP).

A 504 Plan is NOT:

• A plan that a student can take to college.

A 504 Plan is NOT:

• For students because the doctor says he needs 504

accommodations. (FAPE is a Team Decision)

A 504 Plan is NOT:

• A plan with 17 accommodations.

A 504 Plan is NOT:

• A “compromise” plan designed to please parents instead of providing a FAPE. Instead, it should be all about the FAPE.

Questions????

• Contact your building 504 coordinator• Contact Student Services – Shannon Deets 781-3100

Section 504

• “No otherwise qualified individual with a disability…shall solely by reason of her or his 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.”

• Rehabilitation Act of 1973: 29 U.S.C. § 794 (A)

Section 504

• An “otherwise qualified person” is one who is able to meet all of the program’s requirements in spite of his/her handicap.

Section 504

• Section 504 does not require a school district to lower its standards as an “accommodation” for a student with a disability.

• Section 504 is designed to level the playing field not change the game.

FAPE

• IDEA FAPE: A program designed to provide educational benefit.

• 504 FAPE: A program as adequate to provide access to the same educational opportunities as non-disabled peers.

Section 504

…aids and services, to be equally effective, are not required to produce identical result or level of achievement for handicapped and non-handicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs.

34 CFR Sec. 104.4(2)

Section 504

• …has a physical or mental impairment which substantially limits one or more major life activities, had a record of such impairment, or is regarded as having such an impairment, 29 USC § 706 (8)(B)

What is Substantial?

Impairment vs. Disability

• An impairment is a medical/ educational/ psychological/ psychiatric diagnosis.

• A disability is a legal conclusion made by the IEP or Section 504 Team.

Evaluation

• Under section 504 the district needs to evaluate if it has reason to believe that the child may have an impairment that substantially limits a major life activity. OCR Memorandum (OCR 1993).

504 Team Decision

• Once a determination that child needs a 504 plan is made, the team will fill out the 504 template from Uintah Web Page.

• A copy will stay with school.• A copy is sent to Student Services Director.• A copy given to the parent/guardian and/or

student of age (18)