Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 Student Support Services Division Kim Wooden, Chief Student Support Officer Office of Compliance and Monitoring Michael S. Harley, Esq. (IL), Compliance Officer Phoebe V. Redmond, Esq., Director Josh Loehr, Ed. D, Coordinator

Section 504 Educational Services Procedures Handbook for Students (PUB-504) Go to InterAct Ed Link 504 information Amendments Act 9/25/08 President signed the American with Disabilities Act

Amendments Act of 2008 ( ADAAA) 1/1/09 effective date Waiting for OCR to further define changes as they apply to school districts. Section 504 Defined Section 504 Defined Civil rights or equal opportunity law Prohibits discrimination against

individuals with disabilities Ensures reasonable accommodations and services Section 504 Defined 504 ELIGIBILITY Must have a physical or mental impairment Impairment must substantially limit one or more major activities Must be of an age where services are provided Not an automatic 504 eligibility if referred to special education or determined non-eligible for special

education Mitigating Measures Districts must now make their Section 504 determinations based upon the childs disability as it presents itself without mitigating measures:

hearing aids, cochlear implants, medications, mobility devices use of assistive technology medical supplies or equipment, low vision devices --- except eyeglasses or contact lenses Mitigating Measures For example: A child with a disability has a

tutor who helps him with his homework 23 hours a day and helps him keep his grades at A or B level. The tutor is a mitigating measure. The use of the mitigating measures (use of a tutor resulting in better grades) cannot be used to preclude someone with a disability from being a person with a disability whose ability to learn is substantially impaired. Section 504 Defined Qualified Individual Must have a physical or mental impairment

that substantially limits one or more major life activities: (but not limited to) caring for ones self, performing manual tasks

walking, seeing, hearing, speaking, breathing learning, working, and eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating operation of a major bodily function such as: immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive. Section 504 Defined

Qualified Individual Do these impairments substantially limit a major life activity? Student with ADHD who is making As and Bs on report card Student who has an allergy to dogs Student with a hip disability Student with a milk allergy Section 504 Defined Qualified Individual REASONABLE ACCOMMODATIONS

If an impairment substantially limits a major life activity, the student must be provided with reasonable accommodations and services to enable the student to access, participate and derive benefits from public education. Section 504 Defined Qualified Individual A 10th grader with gastrointestinal disorder Missed 35 days of school

District found him ineligible for Section 504 services because he had passing grades Informal accommodations, such as absolute bathroom privileges, excusal of tardiness, increased timeline for missed assignments OCR determination (Oxnard,CA, Union High School District, 2009), district denied the student FAPE because it failed to consider the impact of his impairment on major life activity other than learning.

The districts eligibility determination conflicted with its decision to offer the student informal accommodations. While learning is one of the major life activities, it is not the only one. There is nothing in Section 504 that says we should only consider the impact of an impairment on learning. A student could be earning straight As and still need accommodations. Peanut allergies Not an automatic 504 Follow procedure for a referral If eligible, write reasonable accommodations to prevent exposure

Ask for medical information or release of information May only need a health plan Service Dogs NRS 426.097 Service animal defined. Service animal means an animal that has been trained to assist or accommodate a person with a disability. NRS 651.075 1. It is unlawful for a place of public accommodation to: Refuse admittance , or Require proof that an animal is a service animal.

2. A place of public accommodation may: Ask a person accompanied by an animal if the animal is a service animal and what tasks the animal is trained to perform or is being trained to perform. Ask a person to remove a service animal if the animal is out of control and the person accompanying the animal fails to take effective action to control it; or poses a direct threat to the health or safety of others. Section 504 Accommodation Plan

Section 504 Accommodation Plan Sequence Schedule meeting Notify the parent (CCF 504.3) Rights (PUB 505) Summary (CCF 504.1) Meets criteria for eligibility (CCF 504.1) Write plan (CCF 504.1) Jane Doe

1234567 JFK Elementary School 2/20/10 Mrs. Johnson 3rd grade teacher Mrs. Doe

Parent Mr. Lewis 504 Liaison Mr. Harding Reading teacher 11/23/02

3rd English Example: The teachers have observed Jane to be distractible and often off task. She has difficulty turning in homework and finishing class work on time. Her work samples show incomplete work. Classroom assessments indicate that she Eis below grade level in Math and struggles to focus on long written assignments. Medical records indicate that Jane was diagnosed with ADD last year but parents indicate she is not currently taking any medications. This section will be discussed later in Discipline Section.

Section 504 Accommodation Plan Sample SummariesWhat do you think? Behaviors have greatly improved due to maturity and familys ability to regulate medications, however parent feels it is in his best interest to continue plan Teacher observations indicate that he needs accommodations to be successful Student exited from special education but still needs accommodations

Section 504 Accommodation Plan Sample SummariesWhat do you think? Student has been diagnosed with a seizure disorder and experiences petite mal seizures. During these seizures, she misses instruction, or directions, and has difficulty remembering tasks. Teachers report prolonged staring episodes and after these prolonged seizures she has experienced some memory loss requiring re-teaching of some skills. She also becomes extremely tired.

Student has a medical diagnosis of ADHD. Student has a peanut allergy. CLARK COUNTY SCHOOL DISTRICT SECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLAN ADHD learning, concentrating, thinking Jane is experiencing academic difficulty and is unable to focus long enough to finish assigned work X

1. 2. 3. 4. 5. Seat student close to the source of instruction Cues to remind student to raise hand before speaking /rewarded when she does Work will be reduced to reflect concept of mastery Give limited amount of work to do at one time with frequent teacher feedback Teacher will ask student to repeat all directions involving new concepts 2/20/10

2/20/11 X 2/20/10 Jane Doe 1234567 JFK Elementary School

2/20/10 Mrs. Johnson 3rd grade teacher Mrs. Doe Parent Mr. Lewis

504 Liaison Mr. Harding Reading teacher 11/23/02 3rd English

Example: Jane has been diagnosed with a peanut allergy which is severe. Her reactions are so severe whenever she comes into contact with any peanuts or peanut products, she needs an EPI pen. Medical records and a conference with students doctor confirm that .. E CLARK COUNTY SCHOOL DISTRICT SECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLAN Peanut allergies Breathing, eating

2/20/10 2/20/11 X 2/20/10 Reasonable Accommodations? Administration will maintain a peanut safe school. 2. Peanut products will be removed from school menu and snack bar.

3. Students teachers will establish a peanut-free classroom and conduct on-going awareness training to educate students. 4. The principal will educate parents and parent volunteers on importance of preventing life-threatening allergies. 5. School staff will provide same opportunities and conditions for the student as for his peers. 6. Teacher will not allow projects that contain peanuts or peanut products. 7. Peanut allergy Alert will be posted on students classroom door. 8. Principal will notify all parents not to pack peanut product foods in their childs lunches. 9. Nurse will train staff to understand life-threatening food allergies and proactively respond to allergen exposure in children and to administer

medical care with Epi-pens. 10. School counselors will proactively address bullying and/or other behavioral/emotional concerns related to food allergies by discussing this in class during bullying presentations. 1. Reasonable Accommodations? 1. Upon entering the classroom, teacher will remind student to wash hands. 2. The teacher will monitor the child to ensure he will only consume food considered safe provided from the child's home. 3. Provide a peanut free table. 4. In the event that questionable foods are being served or brought into the

classroom...the child will have access to a safe and fresh safe snack (safety snacks) which will be pre-approved by his/her parents. 5. To avoid cross-contamination, the teacher will separate the students lunches. 6. Teacher will instruct students on food sharing policies in the classroom that state 7. A package of wipes will be next to the computer to be used ... 8. In the event a substitute is covering a class, the following procedure will be followed Section 504 Accommodation Plan Annual Review

Team must formally review progress Parents must be notified and provided with procedural safeguards Team must determine the students continued need for 504 support if 504 support is required, team must write a new plan for the upcoming 12 month period (refer to manual page 22)

Section 504 Accommodation Plan Parent Disagrees Provide parents with procedural rights (PUB 505) Send Intent to Implement to parent (CCF 509, Parent Notice of Section 504 Intent to Implement or Refusal Action) Parents may discuss concerns with Site Administrators

Voluntary Grievance Review Request an impartial due process hearing 1. Seat student close to the source of instruction 2. Cues given to remind student to raise hand before speaking and will be rewarded when she does 3. Work will be reduced to reflect concept of mastery 4. Give student a limited amount of work to do at one time with frequent teacher feedback 5. Teacher will ask student to repeat all new directions The accommodations are reasonable to meet the students needs. to include all accommodations requested by the parent.

accommodations are not reasonable and are not necessary to ensure progress in the general education curriculum X Section 504 Standardized Testing Accommodations Section 504 Standardized Testing Accommodations Accommodations related to disability

Accommodations can not alter nature, content, or integrity of test Use approved accommodation list (list on Interact) Accommodations in plan should drive the testing accommodations Section 504 Discipline Section 504 Discipline Same process as required by the IDEA

Requires the 504 team to determine, during the discipline review: whether the behavior was caused by or had a direct and substantial relationship to the disability and whether the students Section 504 Accommodation Plan was implemented Section 504 Discipline Significant change of placement When a student on a plan accumulates 10

suspension days Timeline Hold meeting immediately, if possible, but no later that 10 school days Alternative Instructional Arrangements (AIA) must begin on day 11 Members Must include persons knowledgeable about the student, (suggested school staff may include teacher(s), school psychologist, 504 liaison, counselor, etc.)

Section 504 Discipline Decision Consider all relevant available information Related Discipline must stop Not Related Discipline can continue

Section 504 Discipline Review Team determines whether behavior is or is not related to impairment Administration determines disciplinary action CCF 504.1 Discipline Review 504 and discipline folder to Area Office if suspension/expulsion pursued Section 504 Supplementary Home

Services or Homebound Services Section 504 Supplementary Home Services Chronic illness that results in frequent intermittent absences Involvement of school nurse Team decision (Appendix I in Manual)

Section 504 Homebound Services Homebound: CCF-529 Parent and health care provider must complete top sections Nurse/psychologist finishes Section III Send to Homebound Office (Appendix I in Manual) Transportation

Transportation Plan must indicate a need School nurse participation Information to Transportation Department Request is required yearly, not annually

(Appendix J in Manual) Medical Request for Specialized School Accommodations Under Federal Regulation Section 504 (To Be Completed by Licensed Health Care Provider) Re: __________________________________________ (Student/ D.O.B.) Dear Licensed Health Care Provider: The parent (guardian) of the above named student is requesting a federally regulated 504 Plan to be implemented in the school setti ng due to a documented health related disability.

As you complete this request for the federally regulated 504 plan, please keep in mind that the LRE Mandate (Least Restricted Environment) under Section 504 at 34 CFR 104.34(a) requires that the disabled student be allowed to have maximum exposure to his/her non-disabled peers. Additionally, 34 CFR 104.36 states that compliance with the procedural safeguards of the IDEA is a means of complying with Section 504. Accordingly, students with disabilities should participate with non -disabled children in those services and activities to the maximum extent appropriate to the need s of the child. Please provide the following documentation which will be used by the students school team to assist in determining the need for a 504 plan and resultant accommodations in the school setti ng. Diagnosis and treatment plan Medications (including oxygen) prescribed for use on the school campus

Summary of recent diagnostic testing and office visits/hospitalizations for the past nine months cogent to the students health related disability Detailed activ ity limitations related to PE, recess, sports, and/or activities, including how far the student is able to walk on campus during a typical day and how far the student may walk to a general education bus stop. Discussion of orthopedic/mobility devices the student has been prescribed and is currently using Behavioral plans and other modalities prescribed for students requiring adult supervision and/or interventions which like non-disabled peers would not normally require Accommodations required on the school campus based upon the student s health related disability.

Activities of daily living which are impacted by the students disability. I grant permission for the School Nurse/CCSD Medical Director to contact my students licensed healthcare provider for additional information related to the above information: Parent Name: ______________________Parent Signature:__________________ Date: _____________ Out of District Section 504 Plans Section 504 Out of District Plans

Request out of district records Implement current 504 plan until convening of District 504 meeting or Write an interim plan if out of district plan is unreasonable

Hold initial meeting within 30 days of implementation Unable to confirm prior 504 plan, follow initial referral procedures (Page 24 in Manual) Section 504 Exit

Section 504 Exit Procedures CCF-504.1 No longer needs support Temporary impairment Receiving Special Ed services Parent request is not sufficient. A formal 504 meeting must be held to exit. (Page 34 in Manual) Section 504

Exit Procedures Documentation Re-evaluation Parent notification Rights Team makes decision based on input from school staff and parent (CCF-504.1) School registrar must remove code Section 504

Records Section 504 Records CCF-504.6 (504 folder) prior notices referral evaluation accommodation plans other pertinent information Maintain 504 folder in cumulative file

Section 504 Records Access List posted Parents have right to inspect/request copies Parent consent required to disseminate information to outside agencies Section 504 Building Liaison

Section 504 Building Liaison Develop and maintain a log of referrals Liaison only for students with 504 plans Check SASI for 504 students Ensure procedures are in place for distribution Records maintenance & notification requirements Communication & problem solving Staff development

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