Transcript Section 504

Welcome
to the
Section 504
of the
Rehabilitation Act
of 1973
Workshop
We will begin shortly…
San Diego County
Office of Education
Student Support
Services Department
Presented
by
Loretta Middleton
Senior Director, Student Support Services/Section
504 Hearing Officer
San Diego County Office of Education
San Diego County
Office of Education
Student Support
Services Department
Introduction
Pop-ups
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San Diego County
Office of Education
Name
School/District
Position
My position in relationship to Section 504
Number of Section 504 Accommodations
of which I have been a part
Why I’m here
Student Support
Services Department
Goals
• To provide participants with the necessary
skills to identify and serve the needs of
Section 504 students.
San Diego County
Office of Education
Student Support
Services Department
Objectives
• To provide an overview of Section 504 of the Rehabilitation
Act of 1973 and the recent revisions effective 2009.
• To provide an update regarding changes in the ADA and
Section 504 Rehabilitation Act.
• To compare IDEA requirements with Section 504.
• Top provide information regarding discipline and protection of
eligible 504 students.
• To provide information regarding discipline and protection of
eligible 504 students.
• To provide an overview of procedures, forms, parents rights and
discipline.
• To provide participants with an overview of the
multidisciplinary process.
San Diego County
Office of Education
Student Support
Services Department
Statute
Section 504/ADA is a civil rights statute
that prohibits discrimination. Like the sister
statutes of Title VI (race) and Title IX
(gender), Section 504/ADA focuses on
discrimination based solely on disability.
San Diego County
Office of Education
Student Support
Services Department
Civil Rights
Section 504 is often referred to as the first
civil rights act for individuals with
disabilities. Section 504 applies to students,
parents, employees, and other individuals
with disabilities.
San Diego County
Office of Education
Student Support
Services Department
Section 504
Subpart A—General Provisions
Subpart B—Employment Practices
Subpart C—Physical Accessibility
Subpart D—Preschool, Elementary, and
Secondary Education
Subpart E—Postsecondary Education
Subpart F—Health, Welfare, and Social Services
Subpart G—Procedures
San Diego County
Office of Education
Student Support
Services Department
Relationships
Americans with
Disabilities Act
Section 504/ADA
Special Education
IDEA
School Focus
Community Focus
San Diego County
Office of Education
Student Support
Services Department
Section 504
“Don’t shoot me….
I’m just the piano player!”
-Elton John
“We’re all in this together.”
-Eric Haldeman (Nixon Advisor)
“I’m just the messenger.”
-All of us, at one time or another
San Diego County
Office of Education
Student Support
Services Department
Section 504
Est. As Part of the Rehabilitation Act of 1973
•“No otherwise qualified individual with handicaps in
the United States shall solely by reason of his/her
handicap, as defined in Section 706(8) of this title, be
excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under
any program or activity receiving federal financial
assistance or under any program or activity conducted
by any executive agency or by the United States
Postal Service.”
•(29 U.S.C. Sec. 794)
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San Diego County
Office of Education
Student Support
Services Department
Section 504
• On September 25, 2008 President Bush
signed into law the American with
Disabilities Amendment Act (ADA) of
2008.
San Diego County
Office of Education
Student Support
Services Department
Section 504
• The new law became effective January
1, 2009.
San Diego County
Office of Education
Student Support
Services Department
Section 504
• Congress has placed a huge emphasis
on discrimination in the revised 2009
law.
San Diego County
Office of Education
Student Support
Services Department
Section 504
• The Act expands the scope of
disabilities under the ADA and Section
504 of the Rehabilitation Act of 1973
as well as protections to employees and
students.
San Diego County
Office of Education
Student Support
Services Department
Section 504
• The Act rejects four (4) United States
Supreme Court decisions which limited
the scope of protection for individuals
with disabilities.
San Diego County
Office of Education
Student Support
Services Department
Section 504
• The 4 decisions are:
1) Sutton v. United Air Lines, Inc. 527
U.S. 471 (1999)
2) Murphy v. United Parcel Service
527 U.S. 516 (1999)
San Diego County
Office of Education
Student Support
Services Department
Section 504
• The 4 decisions continued…
3) Albertsons, Inc. v. Kirkingburg 527
U.S. (1999)
4) Toyota Mfr. Kentucky Inc. v.
Williams 534 U.S. 184 (2002)
San Diego County
Office of Education
Student Support
Services Department
Who Is a 504 Person/Student?
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504 Regulation 34 CFT 104.3(j-l) defines:
“a person with a disability as any person
who has a physical or mental impairment
that substantially limits one or more major
life activities, has a record of such
impairment, or is regarded as having such
impairment.”
San Diego County
Office of Education
Student Support
Services Department
 The
actual language of the definition
remains the same but the Act expands
the meaning of disability
San Diego County
Office of Education
Student Support
Services Department
What does
“SUBSTANTIALLY LIMITS”
mean???
Congress has rejected previous
clarifications by the court
San Diego County
Office of Education
Student Support
Services Department
 The
Act broadens “substantially limits”
by explaining that an impairment that
substantially limits one major life
activity does not have to also limit
other major life activities.
San Diego County
Office of Education
Student Support
Services Department
 Also…even
if an impairment that is
eposodic or in remission can meet the
“disability requirement” if it
substantially limits a major life activity
when active.
San Diego County
Office of Education
Student Support
Services Department
Substantially limits means
considerable or to a large degree
RECENTLY PARTICIALLY REJECTED BY CONGRESS!
The Supreme Court clarified the identified major life
activity must be of central importance to daily life.
(Toyota Motor Co. v. Williams, 534 U.S. 184, 197
2002)
San Diego County
Office of Education
Student Support
Services Department
The Toyota ruling determined that
substantial limitation means a
limitation that affects a person’s ability
to perform an activity in relation to the
average person in the general
population.
This was rejected by Congress.
This was rejected by Congress.
San Diego County
Office of Education
Student Support
Services Department
T.J.W. By Butler v. Dothan City
Board Of Education (D.C.
Alabama 1997) 26 IDELR 999.
*In determining whether a student’s mental or physical
impairment substantially limits the major life activity of
learning, the district should compare the student’s
academic progress to that of “the average child,” not a
child of similar intellectual potential.
This was completely rejected by Congress.
San Diego County
Office of Education
Student Support
Services Department
A student is still not
“substantially limited” simply
because the student is not
reaching his or her potential
San Diego County
Office of Education
Student Support
Services Department
Block v. Rockford, 2002 WL
31856719 (N.D. III.2002
Applying the Supreme Court decision in Toyota, a court
found a student did not qualify for 504 protections at
school where her disability did not substantially limit the
life activity of breathing beyond the school site.
Rejected by Congress.
Now it is as long as the disability substantially limits a
life activity in the school setting, it must be regarded as
qualified under Section 504.
San Diego County
Office of Education
Student Support
Services Department
Costello v. Mitchell Public
School District (8th Cir. 2001)
San Diego County
Office of Education
Student Support
Services Department
• Must be substantial as determined by the
multi-disciplinary team. (Still true)
• Major life activity must be of central
importance to most people’s lives – rejected
by Congress January 2009.
• Must be assessed in corrected condition e.g. with glasses, inhaler etc.* - rejected by
Congress January 2009.
San Diego County
Office of Education
Student Support
Services Department
• The Act now instructs that school
districts can no longer consider
mitigation measures to determine
whether an impairment substantially
limits a major activity except for the
use of ordinary eyeglasses or contact
lenses.
San Diego County
Office of Education
Student Support
Services Department
• Congress stated that the determination
whether an impairment substantially
limits a major life activity shall be
made without regard to ameliorative
effects of mitigating measures such as
medication, medical supplies,
equipment or other devices.
San Diego County
Office of Education
Student Support
Services Department
• In determining whether a student’s
disability substantially limits a major life
activity entitling the student to FAPE, the
School/District will typically focus on
• Learning
• Behavior
San Diego County
Office of Education
Student Support
Services Department
Section 504: Disability Defined
Physical or Mental Impairment**
Physiological disorder,
contagious disease,
cosmetic disfigurement
or anatomical loss in one
or more system:
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Neurological
Musculoskeletal
Respiratory
Cardiovascular
Reproductive
Digestive
Bowel *
Genito-urinary
Hemic
Lymphatic
Skin
Endocrine
Immune System ***
Normal Cell Growth
***
• Bladder ***
• Reproductive
Functions ***
• Substance Abuse
(recovering alcoholic or
addict*
San Diego County
Office of Education
Major Life Activities**
Mental or psychological
disorder including:
Major life activities
include:
• Mental retardation
• Organic brain
syndrome
• Emotional or mental
illness
• Specific learning
disabilities
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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 ***
Record of
Impairment**
Regarded
Impairment**
The individual has:
The individual has:
• A history of
impairment
• An impairment not
limiting a major life
activity, but treated as
disabled by the
covered entity
• A record of having
been misclassified as
having an impairment
• No impairment, but
treated as disabled by
the covered entity
* 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.
Student Support
Services Department
• Also included in the 2009 law are
major bodily functions of the immune
system, normal cell growth, digestive,
bowel, bladder, neurological, brain,
respiratory.
San Diego County
Office of Education
Student Support
Services Department
Section 504 Disability Defined
Major Life Activities**
Major life activities include:
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San Diego County
Office of Education
Self-care
Manual tasks
Eating *
Sleeping *
Walking
Seeing
Hearing
Speaking
Breathing
Sitting
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Standing *
Bending *
Lifting *
Reaching
Reading *
Thinking *
Concentrating *
Communicating *
Interacting with others
Learning
Working
* Added 1/2009
** (34 Code of Fed Reg. Part 104.3)
Student Support
Services Department
Section 504 Disability Defined
Regarded Impaired**
The individual has:
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An impairment not limiting a major life
activity, but treated as disabled by the covered
entity
or
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No impairment, but treated as disabled by the
covered entity
These do not require accommodations;
however, they may still be protected by law.
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** (34 Code of Fed Reg. Part 104.3)
San Diego County
Office of Education
Student Support
Services Department
A Record of Impairment
For the purposes of protection:
EXAMPLES of individuals who have a
record of an impairment are persons who
have histories of mental or emotional
illness, learning disabilities, asthma, heart
disease, cancer, etc. (who are recovering or
managed by medication) and students in
special education.
San Diego County
Office of Education
Student Support
Services Department
Definition of Eligibility
For the purposes of protection:
Is regarded as having an impairment.
San Diego County
Office of Education
Student Support
Services Department
Illustration of Regarded as
Disabled
Anna, a student with mild diabetes
controlled by medication, is barred by the
staff from participation in certain sports
because of her diabetes. Even though Anna
does not actually have an impairment that
substantially limits a major life activity, she
is protected under Section 504 because she
is treated as though she does.
San Diego County
Office of Education
Student Support
Services Department
Eligibility
There are attitudinal barriers and
architectural barriers that affect the
educational placements of students.
San Diego County
Office of Education
Student Support
Services Department
Definition Issue
NOTE: The second and third prongs of the
definition referring to individuals with a “record
of” or regarded as “having an impairment” are
relevant only when some negative action is taken
based on the perception or record. “This cannot be
the basis which the requirement for a free
appropriate public education (FAPE) is triggered.”
(OCR Policy Memorandum, August 3, 1992)
However, such discrimination can result in costly
litigation.
San Diego County
Office of Education
Student Support
Services Department
January 2009 Congress clarified that
students regarded as having an
impairment do not automatically
qualify for accommodations/services.
San Diego County
Office of Education
Student Support
Services Department
Eligibility
Every person eligible for Section 504
will not necessarily be eligible for
special education.
San Diego County
Office of Education
Student Support
Services Department
Eligibility
Every person eligible for special
education is also protected under
Section 504.
San Diego County
Office of Education
Student Support
Services Department
Accommodations
Modifications made by classroom teacher(s)
and other school staff to enable the students
to benefit from their education program. A
plan should be developed outlining services
and/or accommodations.
San Diego County
Office of Education
Student Support
Services Department
Parent and Student Involvement
The parents and the potential 504 student
should be included in the 504 process
whenever possible.
San Diego County
Office of Education
Student Support
Services Department
Documentation
It is important to document evaluation
results, eligibility determination, services,
and placement issues regarding each
student.
DOCUMENTATION IS ALWAYS A
BEST PRACTICE.
San Diego County
Office of Education
Student Support
Services Department
Referral
Referrals are accepted from parents,
professional staff, students, and/or other
staff members. The problem(s) and
previous remedies are considered and
reviewed.
San Diego County
Office of Education
Student Support
Services Department
Notification
The school notifies the parents or guardians, in
writing, of the schools’ reason and intent to
conduct an evaluation. The notice should include a
description of the evaluation and procedural
safeguards. Parental consent would be considered
best practice for all Section 504/ADA evaluations.
(See Forms & Notices - Page 6 for form.)
San Diego County
Office of Education
Student Support
Services Department
Evaluation is the district’s
responsibility by law and
always has been.
San Diego County
Office of Education
Student Support
Services Department
Issues for Team
Consideration
The following factors are considered by a team
knowledgeable about the student and the disability:
– Evaluation results
– Section 504/ADA eligibility (remember the list was
expanded January 2009)
– The student’s unmet needs
– Services and/or accommodations based on eligibility
– Possible staff inservice
– Least Restrictive Environment (LRE)
– Remember, you can no longer consider mitigating
circumstances.
San Diego County
Office of Education
Student Support
Services Department
Implementation
The school staff makes the necessary
accommodations to allow for the student’s
disability. Parents should be consulted and
given opportunities for input. The
accommodations and/or services are
then implemented.
San Diego County
Office of Education
Student Support
Services Department
Review
Each student’s accommodations and/or
services are reviewed periodically.
Best practice would be at least
annually.
San Diego County
Office of Education
Student Support
Services Department
Review
Primary Responsibilities under Section 504
1. Evaluation: Conduct an evaluation that is adequate for
that child. Evaluations should be unique to the case and
individual. Must determine IF there is a disability.
2. Meeting: Convene a group of people knowledgeable
about the child, the disability, and his/her academic
needs.
3. Placement: Determine placement and related services
(accommodations) to make the disabled student equal to
the nondisabled student.
San Diego County
Office of Education
Student Support
Services Department
Free Appropriate
Public Education (FAPE)—IDEA
• Requires FAPE be provided to only those protected students
who, because of a disability, need special education or related
services.
• Defines FAPE as special education and related services,
delivered under an IEP that meets State and federal standards.
A student can receive related services under special education
if, the student is provided special education and needs related
services to benefit from special education.
• Requires a written IEP document with specific content and a
required number of specific participants at the IEP meeting.
San Diego County
Office of Education
Student Support
Services Department
Free Appropriate
Public Education (FAPE)
Section 504/ADA
• Requires FAPE be provided to only those
protected students who, because of a disability,
need general education accommodations, or
special education and related services.
• Defines FAPE as general or special education and
related aids and services, to meet the needs of the
individual student.
San Diego County
Office of Education
Student Support
Services Department
OCR Enforcement
Discrimination issues:
Disability, race, gender, age, sexual
orientation or gender identity
San Diego County
Office of Education
Student Support
Services Department
Definition Issue
NOTE: The second and third prongs of the
definition referring to individuals with a “record
of” or regarded as “having an impairment” are
relevant only when some negative action is taken
based on the perception or record. “This cannot be
the basis which the requirement for a free
appropriate public education (FAPE) is triggered.”
(OCR Policy Memorandum, August 3, 1992)
However, such discrimination can result in costly
litigation.
San Diego County
Office of Education
Student Support
Services Department
Levels of Service
 General Education
 Section 504
 I.D.E.A.
San Diego County
Office of Education
Student Support
Services Department
IDEA/504 Students
Student Population
Regular education
only students
504 only students
IDEA & 504
students
Students are qualified under one or more of
thirteen (14) IDEA disabling conditions.
Specially designed individual education
programs are planned for each student by IEP
teams.
Section 504 Students Only
Due to substantial mental or physical
impairments that limit one or more of the
student’s major life activities, special
accommodations to the student’s program are
required. A 504 accommodation plan is
designed for each student according to
individual need.
Examples of potential 504 disabling conditions
not typically covered under IDEA are:
communicable diseases – HIV, tuberculosis
medical conditions – asthma, allergies,
diabetes, heart disease
 temporary medical conditions due to illness
or accident
 Attention Deficit Disorder
(ADD, ADHD)
 recovering alcoholics and addicts Student Support
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San Diego County
Office of Education
Services Department
Historically in this
area…. Who gets a 504?
GENERALLY, the students
with:
Temporary disabilities (substantial &
extended)
 Permanent disabilities
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San Diego County
Office of Education
Student Support
Services Department
Examples of Students with
Disabilities Who May be Eligible
Under Section 504
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HIV/AIDS
Tuberculosis
Arthritis
Asthma
Allergies
Diabetes
Obesity
Epilepsy
Heart Disease
Chronic Fatigue
*Pregnancy
Orthopedic
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*Special Education—Qualified Students
Conduct Disorder
Temporary Disability
ADD/ADHD
*Drug and Alcohol
Migraine Headache
TBI—Traumatic Brain Injury
Cerebral Palsy
Cancer
Multiple Sclerosis
*“Slow learners”
*It depends
San Diego County
Office of Education
Student Support
Services Department
DOES EVERYONE GET A 504
PLAN WHO ASKS FOR ONE?
NO!!!!!
The question is…
IS THERE AN ACTUAL OR PERCEIVED
DISABILITY AND…
IS A MAJOR LIFE FUNCTION LIMITED
SUBSTANTIALLY?
San Diego County
Office of Education
Student Support
Services Department
Exclusions (if specifically for one of
these reasons only)
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Children who are limited English proficient
Children actively using alcohol or other drugs
Children from poor family conditions
“Slow learners” without suspected disabilities
A student who is pregnant (covered primarily
under Title IX)
San Diego County
Office of Education
Student Support
Services Department
What Does This Mean to Schools?
We must provide an appropriate education such that:
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Educational services are designed to meet the individual
needs of children with disabilities as adequately as the
needs of non-disabled persons are met (accommodations).
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Each child with a disability is educated with non-disabled
children to the maximum extent appropriate to the needs of
the child with a disability.
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Procedural safeguards for student and parents rights are in
place.
San Diego County
Office of Education
Student Support
Services Department
What Does This Mean to Schools?
(continued)
We must provide an appropriate education such that:
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Nondiscriminatory evaluation and placement procedures
are to be established to guard against misclassification or
misplacement of students, and periodic reevaluation of
such students.
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Must be individualized
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Must be conducted before initial placement and a
subsequent significant change in placement.
San Diego County
Office of Education
Student Support
Services Department
What Does This Mean to Schools?
(continued)
Nondiscriminatory evaluation that:
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Instruments used must be valid for the purpose in question and must be
administered by trained personnel.
Must evaluate specific areas of need not just general intelligence, i.e.,
academic, social, emotional, fine and/or gross motor skills, etc.
Must reflect aptitude not sensory limitations or lack of English
language fluency.
The parent must not be required to get a doctor’s diagnosis.
Districts may ask if they have a diagnosis which may assist the
multidisciplinary team in making it’s decision.
Cannot be delayed while waiting for a diagnosis or evaluation from an
outside individual.
San Diego County
Office of Education
Student Support
Services Department
What Does This Mean to Schools?
(continued)
In making placement decisions, Section 504
placement teams:
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Must be multi-disciplinary
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Must be knowledgeable about the student
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Must consider a variety of documented information:
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San Diego County
Office of Education
Teacher recommendations
Reports on the student’s physical condition
The student’s social /emotional behavior
Student Support
Services Department
What Does This Mean to Schools?
(continued)
Some of these include:
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 Instructional support
The classroom
 Assignments
Lesson presentation
 Organization
Test taking
 Nursing considerations
Behaviors
 Transportation
Integrated support services
These reasonable accommodations are selected (not
negotiated like an IEP) by a multi-disciplinary team.
The student, where feasible should attend the
meeting
Invite the parent(s)/guardian(s) to the meeting(s).
(this is wise although not required by law)
San Diego County
Office of Education
Student Support
Services Department
California High School Exit Examination
(CAHSEE)
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On July 28, 2009, Governor Arnold Schwarzenegger
signed Assembly Bill 2 of 2009 – 10 Fourth
Extraordinary Session (ABX4 2) (Chapter 2,
Statutes of 2009).
ABX4 2 enacted California Education Code Section
60852.3, which would exempt an eligible student
from meeting the CAHSEE requirement as a
condition for graduation beginning in 2009-10.
San Diego County
Office of Education
Student Support
Services Department
California High School Exit Examination
(CAHSEE)
continued…
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An eligible student is a student with a disability who
has an individualized education program (IEP) or
Section 504 Plan that indicates that the student has
satisfied or will satisfy all other state and local
requirements to receive a high school diploma on or
after July 1, 2009.
Students with disabilities are required to take the
CAHSEE in 10th grade for purposes of fulfilling the
requirements of the federal No Child Left Behind
Act of 2001.
San Diego County
Office of Education
Student Support
Services Department
California High School Exit Examination
(CAHSEE)
continued…
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This exemption shall last until the State Board of
Education either implements an alternative means
for students with disabilities to demonstrate
achievement in the standards measured by the
CAHSEE or determines that an alternative means
assessment to the CAHSEE is not feasible.
San Diego County
Office of Education
Student Support
Services Department
Roles of School Personnel
School Board of Education
Superintendent
504 Coordinator
School Principals and
Certified and
Classified Staff
San Diego County
Office of Education
• Policy on Nondiscrimination
• Grievance Procedure
• Hearing Procedure
• 504 Coordinator Designation
• Annual Notice to Parents/Students
• Continuing Notice to Parents/Students
• 504 Procedures Coordination
• Staff Training
• Section 504 Grievance Procedures Management
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Nondiscriminatory Practices in Classrooms
Referral/Identification/Evaluation
Parent Involvement and Encouragement
Program Modifications and Accommodations
Curricular Adaptations
Student Support
Services Department
A Guiding Quotation
“Some kids need special education…
Others need something special in
their education.”
Education Week, June, 1998
San Diego County
Office of Education
Student Support
Services Department
Comparison of IDEA & Section 504
IDEA
Section 504 of the
Rehabilitation Act (§504)
Year Enacted
1975 - Revised
1973 - Revised Effective
January 1, 2009
Legal Citation
20 U.S.C. 1400 et seq.
34 C.F.R. Part 300
29 U.S.C. 794
34 C.F.R. Part 104
Type of Statute
Federal funding statute
providing federal aid to
states that ensures the
provision of free
appropriate public
education (FAPE) to
children with disabilities
Civil rights statute
protecting individuals
with disabilities from
discrimination in
programs and activities
receiving federal funds
San Diego County
Office of Education
Student Support
Services Department
Comparison of IDEA & Section 504
(continued)
IDEA
Who is Covered
San Diego County
Office of Education
Infants and toddlers with
disabilities 0-2; children 321 who meet the definition
of a preschool child with a
disability or one of the 14
categories of disabilities
applicable to school-age
children
Section 504 of the
Rehabilitation Act (§504)
Any person with a
physical/mental
impairment which
substantially limits one
or more major life
activities (e.g., self-care,
manual tasks, walking,
seeing, hearing,
breathing, learning,
working), who has a
record of such an
impairment, or is
regarded as having such
Student Support
an impairment. Services
Department
Manifestation Determination
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San Diego County
Office of Education
Sample Manifestation
Determination located on Forms &
Notices – Page 37.
Student Support
Services Department
Comparison of IDEA & Section 504
(continued)
IDEA
Major Provisions Ensures procedural
safeguards and the right
to free appropriate public
education in the least
restrictive environment in
accordance with the IDEA
San Diego County
Office of Education
Section 504 of the
Rehabilitation Act (§504)
No otherwise qualified
individual with disability
shall solely by reason of
his or her disability be:
• excluded from
participation in,
• denied the benefits of,
• or be subjected to
discrimination under any
program or activity
receiving federal
financial assistance.
Student Support
Services Department
Comparison of IDEA & Section 504
(continued)
IDEA
Section 504 of the
Rehabilitation Act (§504)
Discipline Any suspension of more than 10 District must reevaluate the child
consecutive days or more is a
significant change of placement
triggering the procedural
safeguards of IDEA, including
the right to remain in the
current educational placement
pending appeals.
San Diego County
Office of Education
prior to any suspension of 10 days
or more.
Is there a nexus between the
child’s disability and the behavior
complained of? If yes, the child
may not be suspended for more
than 10 days unless the behavior
Cumulative suspensions of more is drug sales or weapon(s) related.
than 10 days within the school
year may trigger the procedural No automatic right to remain in
the current educational
safeguards under the IDEA.
placement
Cannot terminate FAPE as a
Student Support
disciplinary measure
Services Department
IDEA, Section 504 and ADA
IDEA
Internal
State complaint
Grievance procedure
Procedure required (34 CFR
300.600)
San Diego County
Office of Education
Section 504
ADA
Requires districts
with 15 or more
employees to
designate a 504
compliance officer
and a grievance
procedure to
investigate
complaints
alleging noncompliance with
504
Requires public
entities with
more than 50
employees to
designate a
compliance
officer and a
grievance
procedure to
investigate
complaints
alleging noncompliance with
the ADA
Student Support
Services Department
IDEA, Section 504 and ADA
(continued)
IDEA
Protection
Against
Retaliation
San Diego County
Office of Education
Section 504
ADA
Incorporates
prohibition
against
retaliation,
intimidation,
coercion, threats,
and
discrimination
found in
regulations
under Title VI of
the Civil Rights
Act
Extends
protections to
non-disabled
individuals
who have
testified or
participated
in any manner
in an
investigation,
proceeding, or
hearing under
the ADA
Student Support
Services Department
IDEA, Section 504 and ADA
(continued)
Compliance/
Enforcement
San Diego County
Office of Education
IDEA
Section 504
ADA
Office of Special
Education
Programs
(OSEP); SED –
noncompliance
may result in
loss of IDEA
funds and state
aid,
Administrative
appeals and/or
courts
Office for Civil
Rights, United
States Department
of Education
(OCR) –
noncompliance
may result in loss
of all federal funds,
Administrative
appeals and/or
courts
Office for Civil
Rights, United
States Department
of Education
(OCR) –
noncompliance
may result in loss
of all federal funds,
Administrative
appeals and/or
courts
Student Support
Services Department
IDEA, Section 504 and ADA
(continued)
IDEA
SelfEvaluation
San Diego County
Office of Education
Section 504
ADA
Requires
recipients to
conduct a selfevaluation to
identify
discriminatory
policies and steps
to modify any
discriminatory
policies and
practices
By January 26,
1993, districts
were required to
update [their] 504
self-evaluation to
assure
compliance with
the ADA which
must involve
constituent
groups.
Student Support
Services Department
IDEA, Section 504 and ADA
(continued)
IDEA
School
Board
Policy
San Diego County
Office of Education
Section 504
ADA
Requires written
policies advising
parents and their
disabled students
of the district’s
responsibility to
identify, evaluate
and provide
FAPE to children
with disabilities
Student Support
Services Department
Basics of RtI:
Instruction Matched to
Student Needs
Linking
the Two
is the
Key!
San Diego County
Office of Education
Student Support
Services Department
School Wide Tiered Systems
• Access the needs of all
students in literacy, math and
behavior
• Provide intervention in tiers of intensity
• Assess comprehensive program to identify
gaps (Is CORE instruction meeting the needs
of most students? Are interventions
effective?)
• Develop a plan to address gaps
San Diego County
Office of Education
Student Support
Services Department
Level 1: Primary Intervention
If progress
is
inadequate,
move to next
level.
Enhanced general education
classroom instruction/Core or Core
Plus
Level 2: Secondary (Strategic)
Intervention
Child receives more intense
intervention in general education,
small groups, 1-1.
Level 3: Tertiary (Intensive)
Intervention increases in intensity
and duration. - Child may be placed in
special education.
San Diego County
Office of Education
Student Support
Services Department
Forms
and
Procedures
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
 Choose multi-disciplinary team members knowledgeable
about the child (always include teachers that will be
impacted by accommodation plan).
 Remember, if the principal/superintendent are a part of the
initial team, this will impact the grievance process.
 Choose a chairperson of the meeting prior to the meeting
(if there isn’t a permanent chairperson).
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
(continued)
 Define the conduct and process of the meeting:
– Explain that the process is completely different than an IEP
meeting.
– Explain that neither the parent nor the advocate is a part of
the school’s multi-disciplinary team. (Unless district
policy/regulations state otherwise.)
– Explain that the multi-disciplinary team decides on the
appropriate accommodations.
– Explain that the team may hear the parent’s and/or
advocate’s (or even the doctor’s) recommendations;
however, the team decides the qualifications and the
accommodations, if any.
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
(continued)

Read the Section 504 Rights to the parent and student
(if necessary, have an interpreter present, if possible, to
translate).

Examine all data to determine qualifications, if any.

The parent may provide input as to behaviors observed
that will assist the team in making its decision.

If the team finds that the student does not have a
mental or physical disability that SUBSTANTIALLY
limits one or more major life activities, the team
informs the parent and/or the advisor and explains
why.
San Diego County
Office of Education
Student Support
Services Department
Issues for Team
Consideration
The following factors are considered by a team
knowledgeable about the student and the
disability:
–
–
–
–
–
–
Evaluation results
Section 504/ADA eligibility
The student’s unmet needs
Services and/or accommodations based on eligibility
Possible staff inservice
Least Restrictive Environment (LRE)
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
(continued)

If the student does not qualify, but the team decides to
provide “252” services, the team decides appropriate
intervention services to assist the student in his/her
educational process.

The team examines criteria to ensure that the student
qualifies for Section 504 (i.e., the student has a physical or
mental disability, which SUBSTANTIALLY limits one or
more major life activities).

If the student does qualify, the team discusses the student’s
needs to provide appropriate accommodations that will
provide equal opportunity (not necessarily the same) for
participation in the learning process.
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
(continued)

If the student does qualify, the team decides on appropriate
accommodations for the student from the Menu of Services
and 504 Accommodation forms.

Include parent and student responsibilities in plan (to
ensure and maximize success).

Remember: the student is only eligible to receive special
education accommodations if he/she qualifies (use IEP
process in that case).

Explain that the parent does not have to agree to the plan in
order for the team to proceed with providing
accommodations for the student.
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
(continued)

Explain the grievance process.

Be sure to have the parent(s)/guardian(s) sign to the fact
that his/her/their rights have been explained and that a copy
of these rights has been provided to him/her/them.

Tell the student and the parent/guardian that the formal
written plan (if the student qualifies) will be sent.

If the student does not qualify, or qualifies but does not
require accommodations at this time, inform the parent at
the meeting (follow-up in writing) and plan to review the
case at least once within the year.
San Diego County
Office of Education
Student Support
Services Department
The
504 Multi-disciplinary Team Process
(continued)
 If the student does not qualify, consider providing “252”
intervention services that would improve where needed (e.g.,
attendance, behavior and academic achievement).
 Once a plan has been written, monitor to ensure that:
– accommodations are implemented.
– interventions and accommodations are successful (revise plan
as needed).
– annual review is completed.
San Diego County
Office of Education
Student Support
Services Department
Don’t Forget!!!

The accommodations are devised by the 504
Multi-disciplinary Team made up of persons
knowledgeable about the student.

Obtain all the signatures.

Be sure to include “End of Service” dates.

Give parents the Rights Notification
page/pamphlet.

Send the meeting notices.
San Diego County
Office of Education
Student Support
Services Department
Recommendations

Annual review is required and modifications
of the plan should be implemented where
needed.

Be cautious about offering accommodations
which become funding issues, e.g., “a lap top
computer will be provided to student.”
San Diego County
Office of Education
Student Support
Services Department
A Quote To Think About!!??!!
“Remember … no matter what
race, gender, or ability…
everyone,
if given the opportunity,
support & encouragement,
can learn & succeed.”
-E.L. Anderson ©1994
San Diego County
Office of Education
Student Support
Services Department
504 Sample Case
Student Information:


Seventh grade male
Suffers from severe asthma (severe: regular wheezing,
IPPB treatments, inhaler, etc.)
The Process:
Referral

P.E. teacher refers student to the A.P. because student
“refuses to run, defies authority.”

A.P. or interviews student. Student informs A.P. of his
asthmatic condition.

A.P. contacts 504 Committee leader.
San Diego County
Office of Education
Student Support
Services Department
504 Sample Case
(continued)
The Process (continued):
Pre-assessment
 504 Team begins collecting data:
– School nurse
– Interview P.E. teacher
– Parent interview
– Check student records (cum/medical)
– Contact family doctor
San Diego County
Office of Education
Student Support
Services Department
504 Sample Case
(continued)
The Process (continued):
Meeting
 Send notice of 504 multidisciplinary team meeting to
parent.


Hold 504 multidisciplinary team meeting
Evaluation affirms a “YES” to disability and 504
accommodations eligibility.
San Diego County
Office of Education
Student Support
Services Department
504 Sample Case
(continued)
The Process (continued):
Plan Development

504 Plan developed by 504 multidisciplinary team to meet
student’s accommodation needs.
•
Possible Options:
Follow-up

Notification of multidisciplinary team decision sent to parent
along with explanation of parent rights and copy of
Accommodation Plan form.

Monitoring of student and scheduling of periodic evaluation.
San Diego County
Office of Education
Student Support
Services Department
Section 504 Sample Cases





Asthma
Obesity
Broken legs
Growth issues
Cancer
San Diego County
Office of Education





Diabetes
Hearing
Vision
ADD/ADHD
“Recovering” student
Student Support
Services Department