Transcript Section 504 Plan - Contra Costa SELPA

SECTION 504
Rehabilitation Act of
1973
Developed by
Contra Costa SELPA
2001-2002
Facilitated by
Contra Costa SELPA Staff
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Section 504 8-9-01
Purpose
The purpose of this training is to teach
and inform administrators, general and
special education teachers and staff of
the requirements under Section 504 of
the Rehabilitation Act of 1973.
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Section 504 8-9-01
Agenda
The Law
Requirements
Free and Appropriate
Public Education
Definitions
Eligibility
Evaluation and
Qualifying
Elements of a 504 Plan
Discipline
District Requirements
Procedural
Requirements
Administrator or
Designee
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Section 504 8-9-01
A Broad Civil Rights Law:
Rehabilitation Act of 1973
Prohibits discrimination in many
areas including handicapped
persons by schools receiving
federal financial assistance. It
includes all programs or
activities of a school which
receives federal funds.
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Section 504 8-9-01
Section 504 Ensures
That education provides a
full range of
accommodations for
student with special needs
in order to participate and
benefit from general
education and activities.
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Section 504 8-9-01
Summary
If a school district is meeting the
needs of children without
disabilities to a greater extent
than it is meeting the needs of
students with disabilities, then
discrimination is occurring.
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Section 504 8-9-01
District Requirements
School districts are required to annually
identify and serve every qualified
handicapped person residing within the
district’s jurisdictional boundaries and to
take appropriate steps to notify such person
of the district’s duties under Section 504.
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Section 504 8-9-01
District Requirements
(cont.)
Equal access, with accommodations, if
appropriate, includes all areas of curricular
and extra curricular activities, programs, and
services available to other students.
All educational programs must be accessible
to disabled students, including daycare, afterschool care programs, sports, dances and
other extracurricular activities.
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Section 504 8-9-01
District Requirements
(cont.)
The Office of Civil Rights had concluded
that qualified disabled children may not be
categorically denied the opportunity to
participate in non-educational programs on
the basis of their disabilities.
Parents of children with disabilities may
not be required to supply aides or
babysitters during non-educational
programs when the same requirement
does not apply to parents of children
without disabilities.
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Section 504 8-9-01
District Requirements
(cont.)
Parents of children with disabilities may
not be charged more for non-educational
programming than the parents of children
without disabilities. (OCR) Senior Staff
Memo, 17 IDELR 1233 (1990).)
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Section 504 8-9-01
Definition: Discrimination
Based on Disability
No otherwise qualified individual with a
disability…shall, solely by reason of his
or her disability, be excluded from
participation in, be denied the benefits
of, or be subjected to discrimination
under any program or activity receiving
federal financial assistance.
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Section 504 8-9-01
Free and Appropriate
Public Education
School districts must provide a free and
appropriate public education to each
qualified handicapped person
regardless of the nature or severity of
the person’s handicap. (Section 104.33)
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Section 504 8-9-01
FAPE (cont.)
The provision of an appropriate education is the
provision of regular or special education and
related aids and services that:
Are designed to meet individual educational
needs of handicapped persons as adequately
as the needs of non-handicapped persons
are met and
Are based upon the adherence to procedures
that satisfy the requirements of the law
(Section 104.33(B)(1))
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Section 504 8-9-01
Definition: Handicapped
Any person who has a physical
or mental impairment which
substantially limits one or
more major life activities; has
a record of such an
impairment or is regarded as
having an impairment.
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Section 504 8-9-01
Definition: Physical
Impairment
Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or
more of the following systems:
Neurological
Musculoskeletal
Special sense organs
Cardiovascular
Reproductive
Genito-urinary
Hermic and lymphatic
Skin and endocrine
Digestive
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Section 504 8-9-01
Definition: Mental
Impairment
Any mental or psychological disorder such as:
Mental retardation
Organic brain syndrome
Emotional or mental illness
Specific learning disability
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Section 504 8-9-01
Definition: A Major Life
Activity
Functions such as
caring for oneself
Performing manual
tasks
Walking
Seeing
Hearing
Speaking
Breathing
Learning
Section 504 8-9-01
Working
Sitting
Standing
Lifting
Reaching
Thinking
Concentrating
Interacting with
others
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Reading
Major Life Activities (cont.)
Major life activities are “those basic
activities” that the average person in
the general population can perform with
little or no difficulty.
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Section 504 8-9-01
Definition:Substantial
Limitations
In determining whether a student’s
disability substantially limits a major life
activity entitling the student to FAPE,
the district must focus on both:
Learning and
Behavior
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Section 504 8-9-01
Definition: Substantial
Limitations (cont.)
Learning
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.
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Section 504 8-9-01
Definition: Substantial
Limitations (cont.)
A student is not “substantially limited”
simply because the student is not reaching
his or her potential.
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Section 504 8-9-01
Definition: Substantial
Limitations (cont.)
Behavior
To determine whether a student’s mental or
physical impairment “substantially limits”
a major life activity, the district must
consider whether the student’s behavior
substantially limits the student’s ability to
participate in school (e.g., attend school
without suspensions or expulsions;
participate in non-academic activities). 23
Section 504 8-9-01
Eligibility
If the student meets the definition of a
qualified handicapped person, the
student is eligible for 504
accommodations.
If a student is achieving at or above
grade level, there is no substantial
limitation in learning and is not eligible
for 504 accommodations.
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Section 504 8-9-01
Eligibility (cont.)
Determining disability in the corrected
state
In a trio of related cases, the Court has ruled
that mitigating measures such as corrective
lenses or medication must be taken into account
when judging whether a student or employee is
disabled.
The student or employee must be judged in the
corrected state.
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Section 504 8-9-01
Eligibility (cont.)
As a result of this corrected state case-bycase standard, the Court ruled that students
with correctable impairments such as poor
eyesight, diabetes and heart disease were
not disabled under the facts of each case.
Because each situation must be considered
on a case-by-case basis, however, the
Court’s rulings do not apply to every student
or worker with such impairments.
Therefore, this may limit students who are
eligible for Section 504 Plans.
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Section 504 8-9-01
Evaluation
Draws on a variety of resources
Administered by trained personnel
Placement is made by a group of
people who are knowledgeable about
the student
May not require district to do
standardized testing
“… is regarded as having an
impairment” may be all that is required
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Section 504 8-9-01
Qualifying:
IDEA Or Section 504
Students who do not qualify under the
Individuals with Disabilities Education
Act (IDEA ’97) may qualify under
Section 504
Examples:
Students with Attention Deficit Disorder
Students with Attention Deficit and
Hyperactivity Disorder
All who qualify under IDEA are eligible
under Section 504
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Section 504 8-9-01
Qualifying:
Attention Deficit Disorder
A student is eligible for Section 504 if
the ADD or ADHD impacts the student’s
educational program and substantially
limits a major life activity, such as
learning
Depends on the severity of the condition
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Section 504 8-9-01
Qualifying:Attention
Deficit Disorder (cont.)
A student who has a disability under Section 504:
Is entitled to receive any special education
services the placement team decides are
necessary for the student to receive FAPE.
May receive related aids and services in the
regular education setting.
Must be provided regular or special education
programs, including modifications and
supplementary aids and services, based on
individual needs.
Must have a Section 504 Plan which specifies
appropriate specialized instruction or services30
Section 504 8-9-01
Qualifying: If an
Evaluation is Warranted
…
Section 504 requires evaluation procedures to
ensure:
Evaluation materials have been validated for
the specific purpose for which they have are
used and are administered by trained
personnel.
Evaluation materials include those that
assess educational need and not merely a
single general intelligence test.
Tests that are used do not reflect a student’s
impaired sensory, manual or speaking skills.
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Section 504 8-9-01
Qualifying: If an
Evaluation is Warranted
…
A student exiting special education has
already been determined to have a
disability.
The district should initiate a Section 504
evaluation to determine whether the
student has a disability which
substantially limits one or more major life
activities.
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Section 504 8-9-01
Qualifying: If an
Evaluation is Warranted
…
A district only has an obligation to evaluate if
it suspects that the student has a disability
that would result in Section 504 eligibility.
The parent must be provided with written
notice of the district’s decision and inform the
parent of due process rights under the
District’s Section 504 Policies.
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Section 504 8-9-01
Qualifying: If an
Evaluation is Warranted
…
Parents have a right to:
Contest determination
Examine relevant records
An impartial hearing
Have an attorney present
An opportunity for review
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Section 504 8-9-01
Qualifying: The District
Shall Ensure That…
Documentation is maintained
Placement decision is made by a group of
persons knowledgeable about the student
Parent has access to records
Parent receives notification but is not
required to participate in meetings
Parent is provided notification of parent
rights under the district’s Section 504
policies
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Section 504 8-9-01
Specific Steps …
Supporting evidence that the condition
substantially limits the ability to learn
The student is entitled to accommodations to
the general education curriculum
A 504 plan is developed
Accommodations are implemented
The 504 plan is periodically reviewed and
reevaluated
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Section 504 8-9-01
Elements of a Legal
Section 504 Plan
Section 504 requires that schools design an
individualized program to meet the student’s
need. (34 CFR 104.33(b)(1).)
A 504 Plan must address the five following
concerns:
Disability
Assessment Procedures
Educational Impact
FAPE
LRE
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Section 504 8-9-01
Section 504 Plan (cont.)
Disability
Nature of the student’s disability and the major
life activity it limits
Assessment Procedures
The basis for determining the disability
Evaluation procedures are documented in the
plan (34 CFR 104.35 (b).)
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Section 504 8-9-01
Section 504 Plan (cont.)
Educational Impact
Description of how the disability affects the
child’s education
FAPE
Requirement that the school will provide
services that “are designed to meet the
individual needs of handicapped persons as
adequately as the needs of non-handicapped
persons are met” (34 CFR 104.33(b)(1).)
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Section 504 8-9-01
Section 504 Plan (cont.)
Least Restrictive Requirement
The LRE requirement is similar to that which is
mandated under IDEA (34 CFR 104.34.)
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Section 504 8-9-01
Discipline & Section 504
The Office of Civil Rights has opined
that the same procedural protections
available to students eligible under
IDEA ’97 are available to students
eligible under Section 504.
The Office of Civil Rights recommends
that districts maintain a formal, written
discipline policy for students who are
disabled under Section 504.
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Section 504 8-9-01
Discipline & Section 504
Section 504 does not contain a “stay
put” provision
If a dispute arises regarding
disciplinary action against a student
eligible under Section 504, the student
is not entitled to remain in his/her
current educational placement pending
the outcome of the dispute
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Section 504 8-9-01
Change in Placement
Honig v. Doe
The suspension or expulsion of a disabled student may
constitute a change in placement.
34 EHLR sec. 104.35(a)
An individual evaluation must be conducted before any
action is taken with respect to either the initial placement
of a disabled student in a regular or special education
program or to any subsequent significant change in that
placement, including removal from school for more than
10 school days in a school year.
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Section 504 8-9-01
Change in Placement
(cont.)
A series of suspensions that are each 10
days or fewer in duration may create a
pattern of exclusions that constitute a
significant change in placement.
Relevant factors to consider
The length of each removal
The total amount of time the student is removed from
school
The proximity of the removals to each other
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Section 504 8-9-01
Change in Placement
(cont.)
Before expelling a student who has a 504 Plan:
Conduct an evaluation to determine:
Whether the misconduct is a result of the disability
Whether the current placement is appropriate
Convene a meeting to determine:
Whether a behavior plan is necessary
Whether modifications in the student’s educational
program or placement is necessary
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Section 504 8-9-01
Change in Placement
(cont.)
Requirements
Written notice to parents
Determination that the student’s misconduct was not a
manifestation of the disability
The basis for that determination
An explanation of applicable procedural safeguards,
which includes the rights of the parents
• To initiate an impartial Section 504 hearing
• To seek administrative or judicial review
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Section 504 8-9-01
Change in Placement
(cont.)
Discipline
An evaluation must be conducted prior to
any significant change of placement (e.g.,
suspensions of more than ten (10) school
days and expulsion).
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Section 504 8-9-01
Use of Drugs
Current illegal use of drugs is not covered
under Section 504 or ADA
Disciplinary action pertaining to the use or
possession of drugs is the same as for nondisabled students
A person with a history of drug use who has
been successfully rehabilitated or is
participating in a rehabilitation program and
not using drugs is covered under both laws.
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Section 504 8-9-01
Drug And Alcohol
Problems
An individual who possesses illegal drugs or
alcohol, but is not currently using either one,
must be afforded procedural protections,
including a reevaluation of the disability to
determine if the misconduct was a
manifestation of the disability, and appropriate
procedures must be followed to institute a
significant change in placement, if necessary.
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Section 504 8-9-01
Section 504
District Requirements
Assign a Section 504 Coordinator
(Required if a school district has 15 or more employees)
Adopt written grievance procedure
Prompt and equitable resolution of complaints
Train all staff to implement policy
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Section 504 8-9-01
Procedural Requirements
For The District
Provide parents with notice when a change in
placement is considered
Provide parents with an opportunity to
examine relevant records
Provide parents with an impartial hearing to
resolve disputes
Provide parents with information entitling
them to counsel at the hearing
Provide parents with information that the
hearing must be subject to a review
procedure
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Section 504 8-9-01
Remedial Procedures
Parents may file complaints with the Office of
Civil Rights.
Parents may request hearings before
impartial hearing officers.
Parents may file lawsuits in state or federal
courts.
There is no duty to first file an OCR complaint or
request an impartial hearing
If the student qualifies under both Section 504
and IDEA, the student must first pursue all
available IDEA remedies.
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Section 504 8-9-01
Alternative Dispute
Resolution
The opportunity to resolve disputes at
the lowest level and in the most timely
manner under neutral,
non-adversarial conditions.
1. Resource Parents (Parent to Parent Support)
2. Program Specialists (Placement Specialist Support)
3. Facilitated IEPs
4. Solutions Panel
5. Local Mediation
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Section 504 8-9-01
Alternative Dispute
Resolution
Contact the
SELPA Coordinator
of Dispute Resolution
at
(925) 827-0949 ext. 13
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Section 504 8-9-01
For the Administrator or
Designee
Step by step procedure
Step 1: If a concern is voiced regarding a
student (both externally and internally) the
concern is documented in Section 504
screening and referral form and is given to
the designated building team.
Step 2: Parent notification of Section 504
team referral and Section 504 parent rights
are sent. (file the documentation)
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Section 504 8-9-01
Administrator or
Designee (cont.)
Step 3: The team reviews the student’s
records and history, consults with the
classroom teacher and other professional as
appropriate and determines the student’s
current level of participation in academic and
non-academic areas of the school program.
Step 4: Given available information, the team
determines whether a student is or is not
disabled under Section 504.
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Section 504 8-9-01
Administrator or
Designee (cont.)
Step 5: Complete the evaluation in all
areas of concern and gather pertinent
information from all other professionals
(e.g., teachers, doctors, psychologists,
etc.).
Step 6: The team reviews all evaluation
results and other information and
determines eligibility.
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Section 504 8-9-01
Administrator or
Designee (cont.)
Step 7: If the team determines that the
student is not eligible, provide the parent with
a copy of the Section 504 parent rights.
If the team determines the student eligible:
Develop a plan for the student to assure full
participation. Specify modifications and/or
accommodations or services to be provided to the
student
Provide the parents with a copy of the plan.
Provide the parents with a copy of the Section 504
parent rights.
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Section 504 8-9-01
Administrator or
Designee (cont.)
Step 8: Designate a building staff
person to serve as case manager to
monitor:
Implementation of the plan
Student participation and
Progress
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Section 504 8-9-01
Administrator or
Designee (cont.)
Step 9: Review annually by the team.
Reevaluation is required before a significant
change of placement:
Expulsion
Suspensions that exceed more than 10 school
days within a school year
Graduation
Removal from a fully integrated curriculum to a
resource room (vice versa)
Home instruction as placement
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Section 504 8-9-01
The Contra Costa
SELPA would like to
thank you for your
interest in this topic and
for your attendance at
this training.