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SECTION 504 AND SCHOOLS MONTGOMERY COUNTY SCHOOLS
SECTION 504 AND SCHOOLSMONTGOMERY COUNTY SCHOOLS
WHAT IS SECTION 504?
Federal civil rights law that protects people with disabilities from discrimination
Requires schools to make programs and activities accessible to people with disabilities through necessary accommodations, modifications and/or services
The purpose of 504 is to “level the playing field”
Covers students with diagnosed, certified, or classified disabilities who attend public and some private schools.
A student is “disabled” under Section 504 regulations if meets ONE of three prongs of eligibility:
Have a physical or mental impairment that SUBSTANTIALLY limits a major life activity, or
Have a record of such impairment, or
Be regarded as having such impairment
504 IS NOT…
Special Education – Equity of opportunity is different from special education entitlement
Appropriately used for aiding “Slow Learners”
Appropriately used to help a child reach his/her “full potential”
Automatically implemented for every student with a medical diagnosis of disability
Appropriate for a student who needs simple changes that any good teacher normally does
504 SERVICES
What services are available for students with disabilities under Section 504?
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.
Note: Section 504 requires that school districts provide a Free and Appropriate Education (FAPE) to students in their jurisdiction who have a physical or mental impairment that SUBSTANTIALLY LIMITS at least one major life or major body function. All students are entitled to FAPE in North Carolina.
Eligibility for Section 504 is NOT the same as eligibility for IDEA (EC Programs).
WHO QUALIFIES?
A person is qualified for protection within the scope of Section 504 if they:
Have a mental or physical impairment that substantially limits a “Major Life Activity”
(It is important to note however that not everyone who qualifies for protection under Section 504 qualifies to have a 504 plan)
WHAT ARE MAJOR LIFE ACTIVITIES?
Pretty much anything that most people do
Eating - Breathing
Sleeping - Speaking
Walking - Learning
Seeing - Concentrating
Hearing - Working
“Major Bodily Functions”
(immunity, cell growth, endocrine function, elimination, digestion, etc…)
THE 504 PROCESS
Five Steps:
Step 1: Identification - “Child Find”
Step 2: Evaluation
Step 3: Developing an Accommodation Plan
Step 4: Implementation
Step 5: Annual Review/Re-evaluation
STEP 1: REFERRAL
Referral can be made by:
Parent
Teacher
Physician
Nurse
Counselor
Etc…
Process must be clear and available for use
THE FOLLOWING MAY INITIATE A REFERRAL
Chronic hospitalization
Chronic homebound
Homeless, migrant, or other qualified individuals with disabilities, or individuals who are believed to be disabled
Student is found ineligible for special education
School concerns
Parental concerns frequently expressed
Students reentering school after having been temporarily placed in a private setting
STEP 2: EVALUATION
Evaluation means gathering information needed to make an informed decision
Evaluation does not always mean testing
Evaluation is a team process
In Evaluating for 504 eligibility the team needs to use multiple sources of information
STEP 2: EVALUATION (CONT)
The 504 team should consist of people knowledgeable about:
The child
The disability
The meaning of the evaluation data
Placement options
TEAM MEMBERS
STEP 2: EVALUATION (CONT)
Section 504 team determines if the student meets eligibility:
“a mental /physical impairment that substantially impairs a major life activity or major body function.”
Two questions:
1. To what degree does the student’s impairment limit a major life activity or major bodily function?
2. Does the student need accommodations, services or supports to access the benefits of public education at a level similar to his/her non-disabled peers?
STEP 2: EVALUATION (CONT)
Sources of information may include:
School records
Disciplinary records
Observations
EOG Scores
Interviews
Attendance logs
Medical records
Vision or hearing screenings
Etc., etc., etc…
STEP 2: EVALUATION (CONT)
A doctor letter, by itself, does not determine eligibility.
Evaluation must address:
The nature and extent of the disability
Its effect on Major Life Activities
Recommended accommodations or services
Effects of the disability must be evident in the school setting to require a 504 plan
Periodic Re-Evaluation is required
STEP 2: EVALUATION (CONT)
Common Errors in Eligibility Decisions:
Ignoring the physical /mental impairment requirement
Ignoring the substantial limitation requirement
Basing eligibility on anticipation of future needs
Basing eligibility solely on a medical diagnosis with no evidence of a substantial impairment
STEP 3: DEVELOPING ACCOMMODATION PLAN
What needs to be done to enable a student to participate in the general education program
Accommodations must be individualized
Designed to meet the needs of disabled students “as adequately as” the needs of other students are met
Modifications can be made to general education programs or the provision of different programs may be needed – Consider extracurricular activities, driver’s ed., summer school, etc.
STEP 3: ACCOMMODATIONS (CONT)
Test accommodations may only be used if the same accommodations are in regular use in the classroom
Disabled students should have access to the same extra-curricular and after school activities available to their peers
Accommodations are intended only to “level the playing field” for the disabled student – equal opportunity with regular education peers
TYPES OF ACCOMMODATIONS
Environmental
Organizational
Behavioral
Presentation
Evaluation
TYPES OF ACCOMMODATIONS
Environmental
Structured learning environment
Student seating
Re-organization of classroom materials
Study carrel or adapted desk
Access to elevator
TYPES OF ACCOMMODATIONS
Organizational
Organizational systems (i.e.: color coding)
Write out homework assignments
Set time expectations
Binders
TYPES OF ACCOMMODATIONS
Behavioral
Behavior management techniques
Behavior contracts
Positive reinforcement
Logical consequences
Create and be consistent with Behavior Plan!
TYPES OF ACCOMMODATIONS
Presentation
Taped lessons for re-play
Computer aided instruction
Alternative textbooks
Highlighted worksheets
Peer tutoring
Be aware of differing student learning styles and match instructional materials…
TYPES OF ACCOMMODATIONS
Evaluation
Limit amount of material on each page
Provide practice tests
Oral testing
Divide tests into segments
Extended time
Decrease external stimulation
COMMON ERRORS IN DEVELOPING A 504 PLAN
Failing to match accommodations with student needs
Writing vague plans
Failing to inform individuals responsible for the implementation of the plan
Failing to progress monitor
Not addressing non-academic and extra-curricular activities when appropriate
DISCIPLINE
Discipline for students served under Section 504 is consistent with that for students served under IDEA…
If infraction warrants a suspension of 10+ days, a “Manifestation Determination” must be made
(AKA: Causal Relationship)
DISCIPLINE PROCESS
Administrator determines if the student committed the infraction
504 team determines if the behavior was caused by the disability
If behavior was caused by the disability a review of the accommodation/behavior plan must occur
If behavior was not caused by the disability then disciplinary action proceeds as for any other student.
STEP 4: IMPLEMENTATION
• Notify school staff of a student’s accommodations under §504
• Provide trainings
• Monitor implemented accommodations with the required progress monitoring
STEP 5: ANNUAL REVIEW/RE- EVALUATION
Progress monitoring, annual reviews and 3-year re-evaluations are conducted to determine if the student continues to need the accommodations listed on the plan.
If student needs change, the plan must be revised to reflect the current needs of the student.
School staff or the student’s parent/guardian may request a meeting at any time.
Review student plans annually or sooner if requested
Conduct a full reevaluation every three years or more often when reasonably requested by parents or school personnel.
STEP 5: ANNUAL REVIEW/RE- EVALUATION (CONT) A three-year reevaluation is conducted like an initial Section 504 evaluation
Determine if the student:
continues to qualify under Section 504
continues to need accommodation
to what extent that supports are needed.
An updated medical diagnosis is requested so medications and accommodations can be revised as needed.
A reevaluation is conducted prior to a significant change of placement such as long-term suspension/expulsion, exit from Section 504, or graduation from school.
Be sure to document all meetings and send appropriate notification and follow-up paper work to parents, teachers, the District Section 504 Office, and legal counsel, as needed.
PROCEDURAL SAFEGUARDS
Parent must receive prior notice of eligibility meeting Parent must give consent prior to individualized testing Parent must be given notice of rights upon referral, upon eligibility
determination , and at annual review Parent must be given notification in writing of placement decisions Parent must be provided with an appeal procedure including an impartial
hearing
ROLE OF SCHOOL 504 CONTACT
Serve as liaison between school and district 504 office Serve as liaison between your school and other schools Provide in-service training to school staff on 504 procedures Monitor provision of 504 plans Ensure that teachers receive copies of 504 Plans Schedule and facilitate review of all 504 Plans annually Forward copy of 504 Plan to extracurricular and after school programs
(drivers ed, learning academy, summer school) Ensure that a copy of the 504 Plan is added to the student’s Personal
Education Plan
7 CARDINAL SINS
Qualifying students who do not have an impairment so they can “get help”
“Deliberate Indifference” – not providing a plan for a student who clearly qualifies for one
Bill of Rights not given to parents
No identified and specified referral system
No grievance procedure
No appeal process
No one at system level to coordinate program
Questions?
