504 Staff Development

1. 504 Staff Development Information provided by: Council of Administrators of Special Education (CASE) National Business Institute (NBI) SC Special Education Law

2. Agenda • Introduction—Definitions • IDEA vs. 504 vs. ADA • Eligibility Determination • Resources and Forms • Q&A

3. Definition • “No otherwise qualified individual with disabilities shall, solely by reason of her of 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service.”

4. Definition – continued individual with disabilities …“any individual who: (i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment.” (29 U.S.C. Sec. 706 (8))

5. Definition - continued physical or mental impairment …“(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hermic and lymphatic; skin; and endrocrine; or

6. Definition - continued (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities (34 Code of Federal Regulations Part 104.3)

7. Definition - continued major life activities “…functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” (34 Code of Federal Regulations Part 104.3)

8. Definition - continued Major Life Activities: Amendments expanded original list. They include, but not limited to: normal cell growth; bowel, bladder, circulatory, endocrine, immune system; reproductive functions, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and working

9. Definition - continued has a record of such an impairment “…has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.” (34 Code of Federal Regulations part 104.3)

10. Definition - continued is regarded as having as impairment “…(A) has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constitution such a recipient as constituting such a limitation; (B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; OR

11. Definition - continued (C) has none of the impairments defined but is treated by a recipient as having such an impairment. (34 Code of Federal Regulations Part 104.3)

12. IDEA vs. 504 vs. ADA – Legal Citation IDEA ( ‘73) -provide fin. aid to states in efforts to ensure adequate/appro. services to children w/ disabilities Section 504 (‘73) -broad civil rights law-protects rights of individuals w/ disabilities in program/activities that receive Fed financial assistance from U.S. Department of Education ADA (‘90) -broader civil rights statute than 504-extends protection to indiv. w/ disabilities in private industry employing more than 15 individuals – including public entities, pub. accommodations, telecommunications and private nonsectarian schs.

13. IDEA vs 504 vs ADA – Child Find IDEA: -must id/locate/evaluate all children with disabilities (includes: homeless, wards of state, private sch., highly mobile and migrant – regardless of severity of disability Section 504: -must annually undertake to identify and locate every qualified student and take steps to notify parents of school’s duty under Section 504 ADA: None

14. IDEA vs 504 vs ADA – Who is Covered? IDEA: -infants/toddlers w/ disabilities 0-2, children 3-21 who meet criteria of one of the specific disabilities – IEP must is developed Section 504: -children that have a disability who meet the definition. Child (1) has or (2) has had a physical or mental impairment which substantially limits a major life activity or (3) is regarded by other as disabled – An Accommodations Plan is developed

15. IDEA vs 504 vs ADA – Who is Covered? ADA: -any person with a physical or mental impairment which substantially limits one or more major life activities such as self care, manual tasks, walking, seeing, breathing, learning, or working. In addition, discrimination is prohibited because the person has a record of having such impairment, or is regarded as having such impairment.

16. IDEA vs 504 vs ADA – Funding IDEA: --provides additional funding to public school for eligible students. IDEA funds cannot be used to serve children who are eligible ONLY under Section 504 Section 504: --no additional funds provided – IDEA funds cannot be used to serve children ADA: -no additional funds provided

17. What is the Purpose of a 504 and Who is Protected? Section 504 of the Rehabilitation Act of 1973 is an antidiscrimination statute that provides the following: “No otherwise qualified individual with a disability in the United States…shall, solely by reason of his or her [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.”

18. School District Responsibility • The statute mandates that those students who qualify as being disabled according to Section 504 have a right to a free, appropriate public education (FAPE). • School districts have to provide the necessary educational services, aids, and accommodations to provide FAPE

19. Issues Most of the issues school districts face involve the determination of whether a student is eligible for either educational services or non-educational accommodations involving access to school activities

20. Determining Eligibility • In order to evaluate and make a placement decision, a school district shall: • Draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; • Establish procedures to ensure that information obtained from all such sources is documented and carefully considered;

21. Determining Eligibility • In order to evaluate and make a placement decision, a school district shall: • Ensure that placement decision is made by a group of persons including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and • Ensure that the placement decision is made in conformity with the LRE provisions (34 C.F.R. 104.35)

22. Evaluation • Though Section 504 does not define the term evaluation, school districts “shall establish standards and procedures for the evaluation and placement of persons who, because of [disability], need or are believed to need special education or related services.” (34 C.F.R. 104.35)

23. Evaluation • School districts are required to conduct an evaluation of any student who, because of disability, “needs or is believed to need special education or related services before taking any action with respect to the initial placement of the person in a regular or special education program and any subsequent significant change in placement.” (34 C.F.R. 104.35)

24. Evaluation • Some indicators that may prompt a district to evaluate include, but are not limited to: • Poor attendance record • Behavior concerns • Poor grades • Frequent visits to the nurse • Illness • Low test scores

25. Evaluation • While a medical evaluation should be considered, it alone cannot suffice as an evaluation under Section 504 since the student must have an impairment which substantially limits a major life activity to be eligible for Section 504 FAPE (Protecting Students with Disabilities, OCR Guidance, Q24)

26. 504 Plan Development • School districts shall develop “standards and procedures for the evaluation and placement” of persons with disabilities. • Although written 504 Plans are not expressly required by law, as standard practice, districts use written 504 Plans to document that they are providing educational services necessary for FAPE.

27. District Forms and Resources • Due Process, Grievance Procedures, and Procedural Safeguards • Discipline Options • District Forms • Office of Civil Rights (OCR) January 19, 2012 clarification materials