Section 504 and Schools - Montgomery County Schools, NC
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Transcript Section 504 and Schools - Montgomery County Schools, NC
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”
Special
Education
Appropriately used for aiding “Slow
Learners”
Appropriately used to help a child reach
his/her “full potential”
Automatically for every student with a
medical diagnosis of disability
Appropriate for a student who needs simple
changes that any good teacher normally does
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)
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…)
Referral
can be made by:
Parent
Teacher
Physician
Nurse
Counselor
Etc…
Process must be clear and available for use
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
The 504 team should consist of people
knowledgeable about:
The child
The disability
The meaning of the evaluation data
Placement options
Sources
of information may include:
School records
Disciplinary records
Observations
EOG Scores
Interviews
Attendance logs
Medical records
Vision or hearing screenings
Etc, etc, etc…
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
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
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
Environmental
Organizational
Behavioral
Presentation
Evaluation
Environmental
Structured
learning environment
Student seating
Re-organization of classroom materials
Study carrel or adapted desk
Access to elevator
Organizational
Organizational
systems (ie: color coding)
Write out homework assignments
Set time expectations
Binders
Behavioral
Behavior
management techniques
Behavior contracts
Positive reinforcement
Logical consequences
Create and be consistent with Behavior Plan!
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…
Evaluation
Limit
amount of material on each page
Provide practice tests
Oral testing
Divide tests into segments
Extended time
Decrease external stimulation
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)
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.
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
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 (driver ed, learning academy, summer
school)
Ensure that a copy of the 504 Plan is added to the
student’s Personal Education Plan
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?