Training Agenda

1. Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or Special Health Care Need

2. Training Agenda Legal Background Section 504 & Public Schools Overview 504 Evaluation 504 Plan & Services Procedural Safeguards

3. Legal Background

4. What is Section 504? Part of the Rehabilitation Act of 1973, a national civil rights law It prohibits discrimination on the basis of disability by any program or activity (including schools) that receive federal financial assistance

5. What Section 504 Says “No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, 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.”

6. Related Laws:IDEA* and Section 504 Both may provide services and protections to students with disabilities All students found to be eligible under IDEA are also protected by Section 504, but not all students protected by Section 504 are eligible under IDEA If a parent revokes consent for their child to receive special education services under IDEA, the student may still be eligible for a Section 504 plan and protections *Individuals with Disabilities Education Act

7. IDEA/504 Diagram All Students Students with disabilities 504-eligible students IDEA-eligible students

8. Side-by-Side Comparison

9. Related Laws: Section 504 & Americans with Disabilities Act Amendments Act (ADAAA) of 2008 • ADAAA prohibits discrimination of people with disabilities by: • All qualifying private employers (Title I) • All state and local government programs, including the public schools (Title II), and • All places of public accommodation, including non-religiously controlled colleges and universities and test agencies (Title III) • Section 504 preceded enactment of ADAAA and has generally been used as basis for disability discrimination protection in schools • Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II

10. ADA Amendments Act of 2008 (ADAAA) Requires that the definition of disability be interpreted broadly The new definition of disability in the ADAAA must be used when determining Section 504 eligibility

11. Person with a Disability: ADAAA/504 Definition Does the student: have a physical or mental impairment* which substantially limits one or more major life activities? *or has a record of having an impairment or is regarded as having an impairment

12. 504/ADAAA Disability Definition Part 1:Impairment Any physiological condition that affects a bodily system, or any mental or psychological disorder

13. 504/ADAAA Disability Definition Part 2:Substantial Limitation More than material limitation but less than severe limitation (Look to condition, manner, duration) Mitigating measures may not be considered (hearing aids, medication, etc.) Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.)

14. 504/ADAAA Disability Definition Part 3:Major Life Activity Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating Section 504 • Caring for oneself • Performing manual tasks • Walking • Seeing • Hearing • Speaking • Breathing • Learning • Working

15. Additional Major Life Activities (Bodily Functions) Brain Circulatory Endocrine Reproductive Neurological Immune system Normal cell growth Digestive Bowel Bladder Respiratory

16. Test Your Knowledge What is the name of the law that includes Section 504? What are the three parts of the definition of disability under Section 504?

17. Section 504 and Public Schools

18. Section 504 and Public Schools Intent of civil rights laws is to provide equal opportunity and prevent discrimination based on disability Public schools must provide FAPE (free appropriate public education) to each qualified student with a disability

19. 504 & FAPE: What is an appropriate education? • Meets a student's individual needs as adequately as the needs of nondisabled students are met • Places students with their nondisabled peers to the maximum extent appropriate • Includes evaluation and placement procedures • Establishes due process procedures

20. Overview: The 504 Process Referral Evaluation Eligibility Determination Development of 504 Plan Review Reevaluation

21. 504 Evaluation

22. Evaluation Referral Districts: Have “child find” obligation to evaluate students who they suspect may have a disability Parents: May want to consider 504 evaluation if their child did not qualify for services under IDEA but has shown a pattern of not succeeding in the general education classroom or has a diagnosis and needs accommodations to fully participate in school activities

23. Purpose of Evaluation Does the student have a disability under Section 504? If so, what are the student’s individual education needs?

24. Section 504 Evaluation Requirements The evaluation must: Use valid tests conducted by trained personnel Assess all areas of educational need Accurately reflect achievement rather than disability Be completed in a reasonable amount of time Include process for periodic reevaluation

25. Medical Diagnosis and 504 Medical diagnosis is not needed for Section 504 eligibility If 504 placement team determines a diagnosis is required, the evaluation must be conducted at no cost to the parents If a child does have a medical diagnosis, it does not automatically qualify the student for 504 services

26. Reevaluation Required: “Periodically” (not defined in 504, may use IDEA timelines) Before changing placement (includes education setting or significant change in service level) Suspension of more than 10 days

27. 504 Plan & Services

28. 504 Team Might Include: • Principal • Social Worker • Counselor • Psychologist • Nurse • Other School Staff • Parent People who: are knowledgeable about the student, can interpret data, and know the placement options

29. Determining 504 Eligibility & Services The team must consider all factors affecting a student’s ability to receive FAPE: Evaluation data (aptitude and achievement tests) Teacher recommendations Physical condition Child’s social & cultural background Adaptive behavior Other sources of information (parents, doctors, etc.)

30. 504 Plan Plan describes all services and accommodations to be provided to meet student’s individual needs Written plan is not required, but is considered good practice and should be requested by parents

31. Types of Educational Settings Students must be placed in regular classrooms to the maximum extent appropriate • Regular classes • Regular classes with supplemental services • Special education and related services

32. Types of Supplemental Services Examples include accommodations and modifications such as: • Removal of physical barriers • Extended time for testing • Adjustment of class schedule • Rest periods • Use of aids (calculators, recorders, notetakers, modified textbooks, etc.) • Individualized homework assignments

33. Types of Related Services Physical therapy Counseling, psychological, or social work services Assistive technology Speech & language services Occupational therapy Medical Services Staff training

34. Non-Academic Services Section 504 also prohibits discrimination against students with disabilities in non-academic settings: • Before and after-school programs • Field trips • Extracurricular activities & athletics • Career/guidance services • Transportation

35. Test Your Knowledge What are the six steps in the 504 process, beginning with “referral”? Who are potential members of a Section 504 team? What is the timeline for completing a Section 504 evaluation?

36. Procedural Safeguards

37. Procedural Safeguards Notice Records review by parent or guardian Due process -- impartial hearing with participation by parent and counsel A review procedure

38. 504 Coordinator and Grievance Procedures School Districts must: Establish grievance procedures for resolving complaints Designate a 504 Coordinator to ensure compliance Inform parents and students about the grievance process

39. Additional Dispute Resolution Options • U.S. Department of Education Office for Civil Rights complaint (must be filed within 180 days) • Legal action in Federal Court

40. No Retaliation Districts may not retaliate against individuals for: • asserting rights under 504/Title II • opposing disability discrimination • participating ina complaint process or hearing

41. Test Your Knowledge What are the four types of procedural safeguards under Section 504?

42. Section 504 & Public Schools Review: Interactive Activities • Section 504 & IDEA Scenarios • Sample 504 Plans

43. Section 504 & IDEA Scenarios

44. Sample 504 Accommodations & Services

45. Child with ADHD • Extra time to complete work • Strategies for staying on task • Reduced assignment length • Two sets of books • Supervision on outings • Quiet room for tests • Supervision of medication administration

46. Child with Diabetes • Private space and time to monitor glucose levels • Ability to eat snacks when needed • Opportunity to make up work missed due to illness • Health plan that includes training staff to administer insulin shots at school or on field trips

47. Child with Severe Food Allergies Development of emergency health plan Lunch table free from allergen (e.g. “peanut free zone”) Ability to store safe snacks at school for special occasions Supervision of administration of medication

48. Child with Learning Disabilities Notetaker for class lectures Shortened homework assignments Assistive technology such as audio textbooks Extended time for tests

49. Child with Anxiety Disorder Extended time for tests Supervision of administration of medication Time for appointments with counselors/others Modified schedule Ability to take breaks in quiet setting

50. Child with Arthritis • Modified schedule • Movement plan to avoid stiffness • Assistance with carrying (books, lunch tray, band instruments, etc.) • Assistive technology or notetaker • Medication assistance