Chapter 15 Chapter 15 Section 504Section 504

ADAADA

Co-Presented by: Candy Dunn, Director of Special

Education IU1 and

Megan Marie Van Fossan, McGuffey School District

AgendaAgenda• Why are we here?• Self Assessment• History• ADAAA 08• Definitions• Evaluation/Eligibility• Service Agreement and Other Forms• Grievance Procedures• Self Assessment (answers)• Q & A

Why Are We Here?Why Are We Here?

• To provide an overview of Chapter 15 - Section 504 of the Rehabilitation Act of 1973 and the revisions effective 2009.

• To provide an update regarding changes in the ADA and Section 504 Rehabilitation Act.

• To compare IDEA requirements with Section 504.

• To provide an overview of process, procedures, forms, parents rights and discipline.

Self AssessmentSelf Assessment

(This is not a cooperative learning activity)

A Guiding QuotationA Guiding Quotation

“Some kids need special education…

Others need something special in their

education.”Education Week, June, 1998

3 Phases of Section 504

•Phase 1: Awareness

•Phase 2: Constriction

•Phase 3: Expansion

•Phase 1: Awareness

•Phase 2: Constriction

•Phase 3: Expansion

•1970’s disability movement

•Court cases:–Sutton 1999–Toyota 2002

•January 1, 2009 - ADAAA

•1970’s disability movement

•Court cases:–Sutton 1999–Toyota 2002

•January 1, 2009 - ADAAA

Section 504 - Phase 1Section 504 - Phase 1AWARENESSAWARENESS

•1973

•1977 - regulations needed to enforce Section 504 were signed–Accessible buildings

–Curb cuts

•Very little impact on schools

Section 504 - Phase 2 Section 504 - Phase 2 CONSTRICTIONCONSTRICTION

• Sutton v. United Airlines (1999)– Mitigating factors considered when evaluating if a person has a “substantial limitation”

• Toyota v. Williams ( 2002)– Severely restricted an individual from engaging activities of central importance & impairment was permanent or long term

IDEA

Section 504 - Phase 3Section 504 - Phase 3 EXPANSION EXPANSION

•ADA Amendments Act–Effective 1/1/09

•In rejecting a series of U.S. Supreme Court decisions, the new law is intended to reinstate the broad scope of protection for individuals with disabilities.

Section 504 - Phase 3Section 504 - Phase 3 EXPANSION EXPANSION

•Section 504, unlike the IDEA, “requires a comparison between the treatment of disabled and nondisabled children, rather than simply requiring a certain level of services for each disabled child.”

Section 504 - Phase 3Section 504 - Phase 3 EXPANSION EXPANSION

•Broadens the definition and coverage of “disability” under ADA and the Rehabilitation Act.

•Ensures that individuals who compensate for their disabilities are protected from discrimination.

•Clarifies that “substantially limits” does not mean “significantly restricts.”

EXPANSIONEXPANSIONADA Amendments ActADA Amendments Act

•Impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

•Examples include: epilepsy, asthma, diabetes, cancer, major depression, and bipolar disorder

ADA Amendments ActADA Amendments Act•Requires disability determinations to be made without considering mitigating measures–e.g., medication, medical supplies, appliances, low-vision devices, prosthetics, hearing aids and mobility devices.

–Excludes ordinary eye glasses and contact lenses

Section 504: Disability Section 504: Disability DefinedDefined

Physical or Mental Impairment** Major Life

Activities** Record of Impairment**

Regarded Impairment**

Physiological disorder, contagious disease, cosmetic disfigurement or anatomical loss in one or more system:

• Neurological• Musculoskeletal• Respiratory• Cardiovascular• Reproductive• Digestive• Bowel *• Genito-urinary• Hemic• Lymphatic• Skin• Endocrine • Immune System ***• Normal Cell Growth ***• Bladder ***• Reproductive Functions ***

Mental or psychological disorder including:

• Mental retardation

• Organic brain syndrome

• Emotional or mental illness

• Specific learning disabilities

Major life activities include:

• Self-care• Manual tasks• Walking• Seeing• Hearing• Speaking• Breathing• Sitting• Standing ***• Reaching• Thinking ***• Concentrating ***• Reading ***• Communicating ***• Interacting with

others• Learning• Working• Eating ***• Sleeping ***• Lifting ***• Bending ***

The individual has:

• A history of impairment

  • A record of having been misclassified as having an impairment

The individual has:

• An impairment not limiting a major life activity, but treated as disabled by the covered entity

  • No impairment, but treated as disabled by the covered entity

• Substance Abuse (recovering alcoholic or addict*

* Does not include current, illegal drug abusers. ** (34 Code of Fed Reg. Part 104.3)

*** Added in new amendments by Congress effective January 1, 2009. Non-exhaustive list.

ConcentratingThinkingLearningReading

IDEA Eligibility504 Eligibility

Section 504 vs. IDEASection 504 vs. IDEA

• Has a physical or mental impairment

• Impairment substantially limits one or more major life activities

• Requires services to meet educational needs as adequately as needs of non-disabled students

• Meets one or more definitions of IDEA disability categories

• Disability adversely affects the student educational performance

• Requires special education and related services (specially designed instruction)

Section 504 vs. IDEASection 504 vs. IDEA

• Establish a “level playing Establish a “level playing field”; eliminate barriers field”; eliminate barriers that exclude persons with that exclude persons with disabilities.disabilities.

• Precludes hurdles to Precludes hurdles to participationparticipation

• No fundingNo funding

• The definition of a The definition of a disability is much broader disability is much broader than the definition under than the definition under IDEA. IDEA.

• Remedial – often Remedial – often requiring the provision requiring the provision of programs & services of programs & services in addition to those in addition to those available to persons available to persons without disabilities.without disabilities.

• Students sometimes Students sometimes granted “more” services granted “more” services than children without than children without disabilities. disabilities.

• Additional fundingAdditional funding

504 and ADA are Civil 504 and ADA are Civil Rights ActsRights Acts

• Guarantee non discrimination for “unalterable characteristics”

• Guarantee “equal access”• Section 504 is enforced by the U. S. Department of Office for Civil Rights

• Violation of Section 504 may also result in civil liability

But What About Special But What About Special Ed?Ed?

• 504 is simpler, less time-consuming

• 504 generally provides supports and accommodations vs. services or modifications

• Keeps some kids out of Special Education

Aren’t These Kids All Aren’t These Kids All on IEPs?on IEPs?

• Not necessarily• For an IEP, the student needs to have the disability and also require specially designed instruction

• IEPs are limited to 13 specific handicapping conditions, 504 is much broader

Non-Disabled

§ 504

IDEA

Child Find TriggersChild Find Triggers

• Parent requests an evaluation or 504 plan

• Suspension or expulsion is being considered

• Academic performance is lower than expected

• Student is evaluated and is not IDEA eligible

• Student exhibits a chronic medical problem

More TriggersMore Triggers

• Student transfer to SD with a §504 plan from another district

• Student is chronically absent due to medical/health issues

• Student receives medication during the school day

• Student formerly found not eligible

due to mitigating measures

Annual NoticeAnnual Notice

• On or before the first day of the school year, the district must inform parents of enrolled students that the district:– does not discriminate against protected handicapped students and

– the district’s responsibilities under Chapter 15

• Notice may be included in a document reasonably expected to reach the parents of students enrolled in the district (e.g. school calendar or brochure)

How is a Referral Made?How is a Referral Made?

• Parent request in writing for a 504/Chapter 15 evaluation

• School Staff are concerned about the presence of a disability or suspected disability

• Site administrator for 504 should proceed with a Written Notice explaining why either the parent or the district is seeking a 504/Chapter 15 evaluation and include a copy of the Procedural Safeguards

The StepsThe Steps

1. Student evaluated2. Team meets3. Eligibility Determined4. (If eligible) Service Agreement

written5. Agreement implemented and monitored6. Manifestation Determination

(Suggests to follow Chapter 14)7. Reevaluation if substantial changes

EvaluationEvaluation

• Presence of the Disability• Impact of disability on

school-related activity• Level of impact• Section 504 only requires that

the evaluation be conducted in suspected areas of need.

EvaluationEvaluation

• “Evaluation” does not necessarily mean “test.” In the §504 context, “evaluation” refers to a gathering of data or information from a variety of sources so that the committee can make the required determinations.

• The evaluation process should also consider various other factors, such as teacher recommendations, physical condition, social and cultural background, behavior and any independent evaluations.

Negligible

Mild

Moderate

Substantial

Extreme

Negligible

Student demonstrates signs of minimal difficulty with specific topics in one or tow subject areas or may benefit from slight accommodations

Mild

Student performance varies from one subject areas to the next, but still is within expectations for a typical student

Moderate

Student has fair amount of difficulty with a number of subject areas however with effective instruction student performs commensurate with typical peers

Substantial

Student experiences great difficulty in several subjects and needs extensive support from teachers and parents. Student performs below expectations of typical peers.

Extreme

Student exhibits little or no success in all subject areas and may need altered curriculum and different standards for instruction and assessment

Dr. Perry Zirkel, Lehigh University, Bethlehem, PA

Impact of DisabilityImpact of Disability

• Without effect of mitigating measures such as medication, prosthetics, hearing aids, mobility devices, assistive technology, learned behavioral modifications

• Does not include eyeglasses or contact lenses

• For episodic or in remission, consider effects when active

• Compare to average student

Short-term Disability & Short-term Disability & ExclusionsExclusions

• Short term disabilities (such as broken limbs) are usually not considered if less than six months in nature – unless substantial impact

• Determination must be made on a case-by-case basis, taking into consideration the severity and the duration of the impairment, typically 6 months

• Exclusions: Illegal drugs, gambling, addiction

What questions can the What questions can the Section 504 team members Section 504 team members

ask?ask?1.What is the nature and severity of the impairment?

2.What is the duration or expected duration of the impairment?

3.Does the student consistently need substantial changes to complete assignments?

4.Does the student consistently exhibit difficulties with planning and organization?

5.Has the student shown a consistent downward slope in academic progress?

6.Has the student shown a consistent pattern of negative behaviors?

7.Does the student need assistance to participate fully in any portion of the school day, including those where academics are not at issue?

How is the presence of the How is the presence of the disability determined?disability determined?

• If parents have a diagnosis/medical, district can review it and accept it (unless they want to refute it) - need parental consent

• Parent/family member interviews• Review of school records• School observations• Teacher interviews• Social/emotional checklists• Academic assessments• Formal tools not required

Disability DeterminationDisability Determination•Physician or psychologist opinion as to student’s eligibility status is only one source of information the team should consider. Remember, the team is making an educational decision, not a medical decision.

•Students eligible under IDEA are not entitled to a separate Section 504 plan.

Timeline for EvaluationTimeline for Evaluation

• There is no timeline - the law refers to “reasonable”

• No more than 60 calendar days is a good rule of thumb

Definition of School Definition of School DaysDays

• Chapter 15 defines school days as the days of the school district’s academic year PLUS the 14 calendar days before the beginning of the academic year and the 14 calendar days following the completion of the academic year

Team MeetsTeam Meets

• Must include at least one or both of the parents and the school administrator/representative of the school district

• If determining eligibility, must be people who:– Know the student– Know evaluation data– Know accommodations/supports options

• The team ensure that the plan effectively removes the barriers created by a student’s disability.

Evaluation ReportEvaluation Report

• Written by the team• The information obtained from all sources must be documented and all significant factors related to the student's learning process must be considered.

• Carefully considered by the team to determine eligibility

Service Agreement Service Agreement DevelopedDeveloped

• Consider area in which there is impact

• “Allows student to participate in and benefit from public education programs and activities”

• Physical, instructional, social/emotional/ behavioral accommodations

Service AgreementService Agreement

• No required elements like an IEP

• Goals not required• Must include a plan for periodic review

• Should appoint a “Contact Person” to monitor the plan and communicate with family

Service AgreementService Agreement

• Includes specific related aids, services or accommodations

• Specify the date the services will begin, the date services will be discontinued & when appropriate: the procedures to be followed in the event of a medical emergency

Service AgreementService Agreement

• Identify student’s disability, major life activity impacted, and educational impact of disability

• Design a program to suit student needs

• Be sure accommodations are succinct and realistic

• Review each Section 504 Plan at least on an annual basis or upon any significant change in placement

AccommodationsAccommodations

• While curricular modifications may be available to special education students (i.e., reduced mastery of the grade level curriculum), there is no modification of the curriculum itself for §504 students. 504 is not about reducing expectations for disabled students, but providing the types of accommodations that will compensate for their disabilities so that §504 students have an equal chance to compete in class.

Placement / LREPlacement / LRE

• In the §504 context, “placement” simply means the regular education classroom with individually planned accommodations.

• It does not literally mean taking the child out of the regular classroom and putting him someplace else.

More About Service More About Service AgreementsAgreements

• May have to pay for extra services - aide support, therapy, etc.

• May have to make environmental changes

• Provide access to extracurricular activities

• May not exclude from enrollment in challenging academic programs.

Service Agreement Service Agreement Implemented and MonitoredImplemented and Monitored

• Site administrator should ensure that all people involved with the student have a copy

• Communicate with Contact Person on a periodic basis about implementation and progress

• Failure to implement a 504 plan can have serious legal consequences - people can be held personally liable

ReviewReview

• No required frequency of review, but it must be “periodic”

• The plan should specify how often and by whom it will be reviewed

• Make sure required reviews occur

• Annual review is recommended

Special Steps for Special Steps for DisciplineDiscipline

• Same protections for suspension and expulsion as Special Education students (including pattern)

• 45 days IAEP for weapons, illegal drugs or serious bodily injury

• Manifestation Determination within 10 days of decision

• If student is currently using illegal drugs or alcohol, he/she loses his/her right to Manifestation Determination

Re-evaluationRe-evaluation

• The student should be re-evaluated if major changes to the plan are being considered

• A Student must be reevaluated prior to a significant change in placement which includes exclusion from the educational program of more than 10 school days, transfer to another program or termination or significantly reducing a related service.

Disagreement with ParentsDisagreement with Parents

• Parents should be given their rights at the beginning (Procedural Safeguards)

• If parents disagree with what district is proposing regarding assessment, eligibility, or plan, use the Prior Written Notice form

• Approval not needed for change of placement

• Parents can appeal to the Office of Civil Rights

• No “stay put” as in IDEA

§504 Teams Gone Wild§504 Teams Gone Wild

“Johnny will participate on the varsity basketball team”

“Susie will be in the school choir”• The sport or activity doesn’t belong in the plan, only the supports needed for them to participate

• Students must be “otherwise qualified” as judged by the same criteria as other students

Consideration for Special Consideration for Special EducationEducation

• If a 504 student is requiring intensive services, therapies, or even alternate placement, consider eligibility for Special Education.

Key PointsKey Points

• Common regular education interventions such as RtII may eliminate existence of a “substantial limitation”

• Standard is to compare student to an “average student”. This means you compare student against chronological peers in the entire state or country. Different standard of FAPE than IDEA.

• Do not consider mitigating factors when determining whether an impairment is substantially limiting

Follow-Up StepsFollow-Up Steps

• Following the meeting:– Copies of documentation from the meeting should be placed in the student’s permanent folder

– If the student was found eligible, a Section 504 notice should be placed on the student’s permanent folder.

– All staff serving the student should be notified of the student’s eligibility and their roles in providing accommodations. These staff should receive a copy of the accommodation plan.

– It is best practice that the plan be reviewed on an annual basis, or more often if needed, and modified as needed.

Section 504 Policies & Section 504 Policies & ProceduresProcedures

• School districts need to revise Section 504 policy, procedures, and forms to conform with the new changes to Section 504. – Given the new changes under the 2008 Amendments, it is critical that school districts adopt clear and concise Section 504 policies, procedures, and forms that comply with the new definitions of major life activity and substantial limitation.

Work As A TeamWork As A TeamIf in doubt…check it out

Self AssessmentSelf Assessment

• Answer the questions again

Questions Questions