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 child’s 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 2 3 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 one’s 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 A’s and B’s 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 10 th 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 district’s 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 A’s 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

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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:

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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.

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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 JFK Elementary School Mrs. Johnson Mrs. Doe Mr. Lewis Mr. Harding 1234567 2/20/10 3 rd grade teacher Parent 504 Liaison Reading teacher 11/23/02 3 rd 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 is below grade level in Math and struggles to focus on long written

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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 Summaries…What do you think? • Behaviors have greatly improved due to maturity and family’s 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 Summaries…What 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. Seat student close to the source of instruction 2. Cues to remind student to raise hand before speaking /rewarded when she does 3. Work will be reduced to reflect concept of mastery 4. Give limited amount of work to do at one time with frequent teacher feedback 5. Teacher will ask student to repeat all directions involving new concepts 2/20/10 2/20/11 X 2/20/10

Jane Doe JFK Elementary School Mrs. Johnson Mrs. Doe Mr. Lewis Mr. Harding 1234567 2/20/10 3 rd grade teacher Parent 504 Liaison Reading teacher 11/23/02 3 rd 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 student’s doctor confirm that ………………………..

CLARK COUNTY SCHOOL DISTRICT SECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLAN Peanut allergies Breathing, eating X 2/20/10 2/20/10 2/20/11

Reasonable Accommodations?

1. Administration will maintain a “peanut safe” school.

2.

3.

4.

Peanut products will be removed from school menu and snack bar.

Student’s teachers will establish a peanut-free classroom and conduct on-going awareness training to educate students.

The principal will educate parents and parent volunteers on importance of preventing life-threatening allergies.

5.

6.

7.

8.

9.

School staff will provide same opportunities and conditions for the student as for his peers.

Teacher will not allow projects that contain peanuts or peanut products.

Peanut allergy Alert will be posted on student’s classroom door.

Principal will notify all parents not to pack peanut product foods in their child’s lunches.

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.

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 student’s continued need for 504 support – if 504 support is required, team new plan for the upcoming 12 month period must write a

(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 student’s 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

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Same process as required by the IDEA

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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 student’s 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

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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 setting 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 needs of the child”.

Please provide the following documentation which will be used by the student’s school team to assist in determining the need for a 504 plan and resultant accommodations in the school setting.  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 student’s health related disability  Detailed activity 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 student’s disability.

I grant permission for the School Nurse/CCSD Medical Director to contact my student’s 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