Houston Independent School District

1. Section 504 Rehabilitation Act of 1973 Houston Independent School District April 1, 2011

2. Agenda • Overview of Section 504 • ADA Amendments 2009 • Dyslexia and Section 504 • Section 504 in HISD • Chancery (SMS) • Campus 504 Coordinator Responsibilities • Questions and Answers

3. Section 504The Rehabilitation Act of 1973Anti-discrimination Law “No otherwise qualified individual with handicaps in the United States…shall, solely by reason of his handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…”

4. Purpose of Section 504 The purpose of the act and these procedures is to prohibitdiscrimination and to assure that disabled students have educational opportunities and benefits comparable to those provided to non-disabled students.

5. Who is Eligible for Protection? 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 an impairment. The second and third components of this definition cannot be used to provide FAPE to a student. While a student may be eligible under the criteria of having an impairment or being regarded as having an impairment, his eligibility is limited to the antidiscrimination provisions. 5

6. Mental or Physical Impairment • Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of body systems • neurological, musculo-skeletal, special sense organs; respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine; or

7. Mental or Physical Impairment Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

8. Americans with Disabilities Act Amendments Act (ADAAA) Effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) Included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. Amendments Act expands the protections of the original ADA to include more individuals with less severe impairments The Amendments Act does not require US Dept. of ED to amend its Section 504 regulations

9. Americans with Disabilities Act Amendments Act (ADAAA) Expands definition of "major life activities" to include: Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Working Major bodily functions

10. Americans with Disabilities Act Amendments Act (ADAAA) As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. Before January 1, 2009, school districts had to consider a student’s use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. Congress did not define the term “mitigating measures” but rather provided a non-exhaustive list of “mitigating measures.”

11. Americans with Disabilities Act Amendments Act (ADAAA) Medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; Use of assistive technology; Reasonable accommodations or Auxiliary aids or services; and Learned behavioral or adaptive neurological modifications.

12. Americans with Disabilities Act Amendments Act (ADAAA) Ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity “Ordinary eyeglasses or contact lenses” are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas “low-vision devices” (listed above) are devices that magnify, enhance, or otherwise augment a visual image

13. Dyslexia and Section 504 The State of Texas requires school districts and charter schools to provide assessment and instructional services for students in K-12 identified as at-risk for low reading achievement and as having dyslexia or a related disorder. "Dyslexia" means a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and socio-cultural opportunity. "Related disorders" includes disorders similar to or related to dyslexia such as developmental auditory imperception, dysphasia, specific development dyslexia, developmental dysgraphia, and developmental spelling disability.  Students identified as having dyslexia or a related disorder may also be protected under Section 504 of the Rehabilitation Act, a federal civil rights law.

14. Dyslexia and Section 504 Requirement to follow federal and state laws Legal accountability for students being assessed in a timely manner Parent notification of rights, services and options Provision of instructional services

15. Dr. Perry Zirkel, Lehigh University, Bethlehem, PA Extreme Student exhibits little or no success in all subject areas and may need altered curriculum and different standards for instruction and assessment Extreme Substantial Student experiences great difficulty in several subjects and needs extensive support from teachers and parents. Student performs below expectations of typical peers. Substantial Moderate Student has fair amount of difficulty with a number of subject areas however with effective instruction student performs commensurate with typical peers Moderate Mild Student performance varies from one subject areas to the next, but still is within expectations for a typical student Mild Negligible Negligible Student demonstrates signs of minimal difficulty with specific topics in one or tow subject areas or may benefit from slight accommodations

16. Section 504 in Houston ISD Medical Emotional Academic/Educational Outside agency Facilities/Transportation Dyslexia Child Find CRC Report Consent Assessment 504 Meeting Plan Chancery Related Disorders Dysgraphia Written Spelling Auditory Imperception Visual Perception, i.e., Irlen Syndrome Non-Dyslexia based disability

17. SECTION 504 – The Referral Process 504 Flow Chart Procedures IAT Option I 504 Option II Special Education Referral Committee Notice and Consent Notice and Consent Evaluation Evaluation Multidisciplinary Assessment Team Multidisciplinary Assessment Team DNQ 504 Campus Meeting ARD/IEP Meeting DNQ Accommodation Plan Special Education IEP 504 Identified Student

18. HOUSTON INDEPENDENT SCHOOL DISTRICT Campus Referral Committee Report

19. The following attachments are required: Home Language Survey (copy), Language Rating Scale, Behavior Rating Scale, Screening for Adaptive/Assistive Technology, student work samples (5), current grades/,transcript (copy), documentation of RtI (Response to Intervention) or progress monitoring documents, PAC Committee Report (copy) for students identified as LEP

20. Name: ___________________________________ Campus Referral Committee Report Page 2

22. Name: ___________________________________ Campus Referral Committee Report Page 3

23. Indicate the committee’s recommendation (s) with a . __ The committee recommends the following interventions to support the student in the general education program: ____________________________________________________ _______________________________________________________________________________________________ Recommended Duration: ____ Date for follow-up meeting: _____________ __ The committee recommends referral to: __ Bilingual Program __ Title I Compensatory Program __ School Health Services __ Vocational Education __ Magnet Program __ Gifted and Talented Program __ Intervention Assistance Team (IAT) __ Other: _____________________________________ __ The committee suspects the presence of a disability and refers the student for an evaluation to determine eligibility for: __ Special Education Services __ Section 504 Services __ Other: ____________ _

25. Notice of Parent and Student Rights under Section 504 Rehabilitation Act of 1973

27. Eligibility and Placement • Decisions about eligibility and placement based on evaluation data from a wide variety of sources • Ensure that placement decision is made by a group of persons knowledgeable about • student • meaning of evaluation data • placement options • With consideration of FAPE, LRE, provision of comparable facilities; and LEP status

28. Eligibility and Placement • Eligibility may be based on: • Academic (learning) issues • Non-academic (medical, behavioral, mobility, counseling, athletics) issues

29. Educational Need Educational Need • Is not limited to academic problems stemming from the student’s disability • Encompasses behavior problems that are linked to the disability; even if the student’s academic performance is within an acceptable range • May have no learning or behavior problems but require insulin shots, asthma treatments, or similar procedures that must be administered at school • A mobility-impaired student who needs a wheelchair ramp may also be eligible

30. Do: consider all relevant data use the three-part test impairment substantial limitation major life activity Don’t: assume that one or more failing grades is the only criterion for eligibility assume that a label or a diagnosis automatically establishes eligibility What are Some Do’s and Don'ts When Determining Eligibility? 30

31. Eligibility and PlacementStudents with Dyslexia or A Related Disorder • Made by the §504 Committee • Determines identification and eligibility after reviewing all accumulated data from Step 1 – Data Gathering and Step 2 – Formal Assessment • Three areas to consider: • Has a disability in one or more major life activities under §504? • Substantial limitation? • Educational need?

32. Eligibility and PlacementStudents with Dyslexia or a Related Disorder • Additional §504 Committee Decisions • Can the student be identified with dyslexia? If yes, the student receives dyslexia instruction (TEC §38.003) 2. Does the student have a disability under §504? If yes, the committee discusses appropriate accommodations

33. Eligibility and PlacementStudents with Dyslexia or a Related Disorder • Additional §504 Committee Decisions: 3. The §504 Committee must NOT consider the ameliorating effects of any mitigating measures that the student is using. The §504 Committee discusses appropriate accommodations. 4. If the §504 Committee does not identify dyslexia, but the student has another disability that substantially limits the student’s learning, eligibility should be considered.

34. Eligibility and PlacementStudents with Dyslexia or a Related Disorder • At times, students will display additional factors/ areas complicating their dyslexia and will require more support than what is available through the General Education Dyslexia Program. • At other times, students with dyslexia or related disorders will be unable to make adequate academic progress within any of the programs related to dyslexia. • In such cases, a referral to Special Education for evaluation and possible identification within the meaning of IDEA 2004 should be made as needed.

35. SECTION 504 EVALUATION REPORT Date: _________________________ Name: ________________________________ Campus: ________________________ DOB:__________________ ID:___________________ Grade: ____________________ Referral Source: __________________ Date of Referral/Last 504 Evaluation: _____________ • Procedural Checklist: All must be checked before the evaluation may occur: • ___Verify parent consent for §504 initial evaluation. • ___Verify the parent has received Notice Of Parent Rights under §504. • ___Verify the parent has been informed [__in writing __by phone __in person] • of the date time and place of this evaluation meeting. • ___Verify membership of the §504 Committee, which must include persons with • knowledge of each of the following three areas: (1) the student, (2) the meaning • of the evaluation data, (3) the placement options.

36. SECTION 504 EVALUATION REPORT List Committee Members and check area of knowledge (attach an additional page if necessary) NAME TITLE/POSITION KNOWLEDGE OF ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ________________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ________________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ________________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ________________________ ___ Dyslexia and Related Disorders* * Required when considering Section 504 eligibility for Dyslexia Program Support Services

37. SECTION 504 EVALUATION REPORT The Committee reviewed and carefully considered the following data which was gathered from a variety of sources, including the Referral Document. (Please check each that applies and attach copies of data) __Grade Reports __Teacher/Administrator Information/Report __Full and Individual Evaluation __Student work portfolio __Dyslexia Assessment Summary __Standardized Test Results (TAKS, Stanford 10, TPRI, etc.) __Disciplinary records/referrals __Intervention Assistance Team reports __School Health Information __Special Education records __Medical evaluations/diagnoses __Progress Monitoring __Parent Information/Report __Other____________________________________

38. SECTION 504 EVALUATION REPORT Summary of the Evaluation Results ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

39. SECTION 504 EVALUATION REPORT Based on the evaluation data gathered from a variety of sources, Section 504 Committee answered the following questions to determine Section 504 eligibility: ❏ YES ❏ NO (1) Does the student have a physical or mental impairment? If so, please identify the impairment. Note: This is an educational determination only, not a medical diagnosis for the purposes of treatment. ___________________________________________________ ___________________________________________________ ❏ YES ❏ NO (2) Does the physical or mental impairment affect one or more major life activities. If so, which major life activity or activities is/are affected? ___________________________________________________ ___________________________________________________ ❏ YES ❏ NO (3) Does the physical or mental impairment substantially limit a major life activity? That is, As a result of the physical or mental impairment, is the student significantly restricted as to the condition, manner or duration under which the student can perform a particular major life activity as compared to the condition, manner, or duration by which the average student of the same age/grade level in the general population can perform that same major life activity? If yes, describe the substantial limitation. ___________________________________________________ ___________________________________________________ ❏ YES ❏ NO (4) Does the student need Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers? (Note: If the student’s needs are so extreme as to require special education and related services, a referral to special education should be considered.) If all four questions are answered Yes, the student is eligible for a free, appropriate public education under Section 504, and an Accommodations Plan should be developed. If any answer is No, the student is not eligible.

41. SECTION 504 EVALUATION REPORT Signatures of 504 Evaluation Committee Date ____________________________________________________ ___________________________ ____________________________________________________ ___________________________ ____________________________________________________ ___________________________ ____________________________________________________ ___________________________ ____________________________________________________ ___________________________ ____________________________________________________ ___________________________

44. Section 504 Accommodations Plan Meeting • The Section 504 Campus Committee meets to confirm eligibility (or non-eligibility) • The parents are invited to the Section 504 Accommodations Plan Meeting • Determine necessary accommodations • Dyslexia Instructional Support Teacher assists in • writing the instructional programming • disseminating accommodation plans to other teachers along with the 504 Coordinator

45. SECTION 504 MEETING AGENDA • Purpose of Meeting • Introductions • Documentation of Knowledgeable Area • Review of Assessment Data (School and Parent Data) • Teacher Information • Parent Information

46. SECTION 504 MEETING AGENDA • Input from Other Participants • Discussion and Questions • Determination of Disability, if any • Determination Regarding Substantial Limitation • Decision Regarding Eligibility under Section 504 If eligible, go to XII; otherwise skip to XIII

47. SECTION 504 MEETING AGENDA • Develop Accommodations Plan • Describe Characteristics of Disability • Determine Needed Accommodations • Recommend Settings for Accommodations • Identify Person/Position Responsible for Monitoring Accommodations • Identify Staff Responsible for Implementing Accommodation Plan • Discuss Any Needed Test Accommodations for Common Assessments, End Of Course, TAKS, Dyslexia Bundled Accommodations, and etc. • Assurance of Least Restrictive Environment (LRE) Placement • Questions, Concerns, etc.

48. SECTION 504 MEETING AGENDA • Review Section 504 Minutes • Provide Copy of 504 Parents Rights • Obtain Signatures from all Participants

50. SECTION 504 ACCOMMODATION PLAN Page 2 Name _______________________ Date of Meeting ______________ List Committee Members and check area of knowledge (attach an additional page if necessary) NAME TITLE/POSITION KNOWLEDGE OF ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ___________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ___________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ___________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ___________________ ___ Dyslexia and Related Disorders* ___Child ___Evaluation Data ___Placement Options ___ Reading Process* ________________________ ___________________ ___ Dyslexia and Related Disorders* * Required when considering Section 504 eligibility for Dyslexia Program Support Services