Transcript Document

LWSD PTSA Meeting
November 26, 2013
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Section 504 plans
Historical Perspective
Eligibility and Accommodations
Role of 504 Coordinator and team members
Section 504 and IDEA
Discipline Implications
Due Process Rights
1. 504 Learning Plan (504 site coordinator)
2. Individual Health Plans (school nurse)
3. 504 Learning Plan and Individual Health Plan
Who makes the decision about which plan/s is
needed for a student?
• “Learning Plans” ~ the Building 504 Coordinator
• “Individual Health Plans” ~ School Health Service Provider (e.g.
Nurse)
• Learning Plan and Individual Health Plan ~ Both the Building
504 Coordinator and the School Health Service Provider
• The 504 Coordinator monitors the Learning Plan
• The Health Service Provider monitors the Individual Health Plan
Please Note: The Individual Health Plan is attached to the 504 Plan.
• The Rehabilitation Act of 1973
• Section 504 is a civil rights law that prohibits discrimination on the basis of
a person’s disability
• Section 504 is a federal civil rights law that is designed to
eliminate disability discrimination in programs and activities that
receive federal funds.
• Public Schools are recipients of Federal funds and are obligated to
comply with this law.
• Under Section 504, denying a disabled student a free
appropriate public education constitutes disability
discrimination.
• A qualified student
• Must have a physical or mental impairment
which substantially limits a major life activity
(e.g. learning, behavior, mental).
•Learning is considered “substantially limited”
if compared to his/her age/peers, the student
has significant limitations.
• Qualified person with disability must be
provided aids, benefits, or services as
effective as those provided non disabled
students.
• Physical or mental impairment means:
• Any physiological or psychological disorder or condition
• The definition of physical or mental impairment under
Section 504 is broad, and includes:
Students with life threatening health conditions
(conditions that will put a student in danger of death during the
school day if a medication or treatment order and a nursing plan are
not in place), and is not limited to any specific diseases or
categories of medical conditions.
• The Department’s Section 504 regulations’ list of non-exhaustive
major life activities is:
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Caring for oneself
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Hearing
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Performing manual
tasks
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Speaking
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Breathing
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Learning
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Working
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Walking
Seeing
Behavior
• The ADA Amendments Act also includes a non-exhaustive list of
major life activities:
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General:
Eating
Sleeping
Standing
Lifting
Bending
Reading
Concentrating
Thinking
Communicating
Major Bodily Functions:
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Functions of the immune system
Normal cell growth
Digestive
Bowel Functions
Bladder
Brain
Circulatory
Endocrine
Reproductive
Neurological
Respiratory
Mitigating Measures
Are devices or practices that a person uses
to correct or reduce the effects of that
person’s mental or physical impairment. (e.g.
corrective eye glasses and medications)
these measures need to be disregarded
when determining whether a student’s
impairment constitutes a disability under
Section 504.
• Districts and courts have turned to the Americans With Disability Act for
guidance. Although Section 504 does not define the term “substantially
limits,” this term is used in the ADA and is defined in the Equal
Employment Opportunity Commission (E.E.O.C.) regulations interpreting
the ADA. The relevant regulation defines “substantially limits” to mean
as follows:
• Unable to perform a major life activity that the average person of
the same age in the general population can perform; or
• Significantly restricted as to the condition, manner or duration
under which an individual can perform a particular major life
activity as compared to the condition, manner, or duration under
which the average person of the same age in the general
population can perform that same major life activity.
Episodic Impairment
• An impairment that is episodic or in remission is a disability, if it
would substantially limit a major life activity when active.
• Bottom line: Whether a district needs to develop a 504 plan,
however, depends on whether the student’s impairment results in
the need for an accommodation or some other type of related
aid or service.
Temporary Impairment:
• An impairment that is temporary (with an actual or expected
duration of 6 months or less) is a disability if it is severe enough
to substantially limit a major life activity for the student.
• Bottom line: Temporary and severe impact constitutes a
disability; temporary and minor impact does not constitute a
disability.
• Who makes up a 504 team?
Minimum of two or more persons who have
knowledge of the child, the meaning of
evaluation data, and
accommodations/placement options: (e.g.
general education teacher, 504 monitor,
parent, and other people knowledgeable of
the student and who meet the above criteria)
Change the instructional
arrangement
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Large group
Cooperative learning group
Peer partners
Individual instruction
Independent seat work
Change the curriculum
• Same content/less material
• Same subject area/functional
applications
• Change of sequence
• Alter pace of the lesson
• Provide a variety of activities
Change the lesson format
Change teaching style
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• Give more prompts or cues
• Provide written and verbal
instructions
• Use more physical guidance
• Institute behavior management
practices.
Lecture, demonstration, practice
Whole class discussion
Games and simulations
Experiential learning
Modification of Physical Plant
Change Assessment
• Improve access to building
• Increase access to classroom:
• Adjusted format
• Preferential seating
• Adjust time
• Change of seating increased aisle, etc
Change in policies or
procedures
• Revised attendance policy
• Modified discipline procedures
Change Classroom
management
• Modify rules
• Modify consequences
• Develop behavior plans
How do they connect?
• Both the Individuals with Disabilities Act (IDEA)
and Section 504 of the Rehabilitation Act of
1973 (Section 504) are Federal laws that
define requirements of state education agencies
and districts.
• However, the laws differ in their definitions and
requirements as it relates to students with
disabilities.
• Federally Mandated and
partially funded so state
education agencies and
districts to educate students
with disabilities.
• Disability definition
includes children ages 321 who have one or more
of 14 specific disabilities
• Federal Civil Rights Law
(unfunded) and Mandated
to eliminate discrimination
in all programs and
activities that receive
federal funds.
• Disability definition
applies to school-aged
child who has a physical or
mental impairment that
substantially limits one or
more major life activities.
• Requires districts to provide
FAPE (Free and Appropriate
Public Education)
• FAPE is defined as special
education and related
services. Related services
only provided if student
needs them to benefit from
special education.
• Requires districts to provide
FAPE (Free and Appropriate
Public Education)
• FAPE is defined as regular or
special education and
related aids and services
that are designed to meet a
student’s individual
educational needs and are
based upon procedures that
satisfy required evaluation,
placement and due process
procedures.
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Student with disabilities pursuant to Section
504 include students who are eligible for
Special Education, specially designed
instruction and/or related services as a
result of a disability that is impacting their
ability to access education.
YES
It is often recommended for students who are no
longer eligible or who are exiting from special
education services to move onto a Section 504
plan if the team feels that the student would
benefit from continued accommodations.
However not all students who exit require or need
504 accommodations.
YES
If a student’s disability worsens or begins to
adversely effect their academic progress, a team
can recommend, and with parent consent, initiate
a special education evaluation to determine if the
student meets the criteria of eligibility under
IDEA.
Discipline
Students may not be suspended for behavior
related to his/her disability or an inappropriate
program. (Including the consideration of the student’s
Individual Health Plan)
Students may be suspended, like non disabled
students, for behavior not related to his/her
disability.
Drug or alcohol related behavior is not protected
under Section 504.
Same rule of law (Change of placement, manifestation
determination)
Different obligations to students with disabilities, longterm suspended or expelled
Different obligations to drug/alcohol students
No stay put under Section 504
No FBA or BIP review required
Ten Day Rule
 10 days in one school year
 Not a pattern of exclusion
 Length
 Frequency
 Total time
 Nature of behavior
No services are required
Due Process Rights
• District must notify a student’s parent/guardian before the
district takes any action regarding the identification, evaluation
or placement of their child.
• Section 504 requires parent consent prior to an initial
evaluation and initial placement, but does not require consent
for a reevaluation.
• Allows for an impartial due process hearing procedure for
parents/guardians who disagree with the identification,
evaluation or placement of their child.
• In Washington, districts conduct due process hearings
• Enforced by the U.S. Department of Education , Office for Civil
Rights (OCR)
U. S. Department of Education
Office for Civil Rights
Henry M. Jackson Federal Building
915 Second Ave, Room 3310
Seattle, WA 98174-1099
www.ed.gov/OCR
Email address: [email protected]
Stacey L. McCrath
Lake Washington School District No. 414
16250 NE 74th Street
Redmond, WA 98073
(425)936-1337
[email protected]
• FAQs about Section 504 (OCR): www2.ed.gov/about/offices/list/ocr/504faq.html
• OSPI Civil Rights Guidelines: www.k12.wa.us/Equity/ProhibitingDiscrimination.aspx
• A Parent and Educator Guide to Free Appropriate Public Education under Section
504 (Jim Rich, Puget Sound ESD):
www.k12.wa.us/Equity/pubdocs/504ManualFinal.pdf
• Q&A on the ADA Amendments Act (OCR):
www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.html
• OSPI Equity & Civil Rights Office
(360)-726-6162
www.k12.wa.us/Equity