SECTION 504 AND SCHOOLS MONTGOMERY COUNTY SCHOOLS WHAT IS SECTION - - PowerPoint PPT Presentation

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SECTION 504 AND SCHOOLS MONTGOMERY COUNTY SCHOOLS WHAT IS SECTION - - PowerPoint PPT Presentation

Apr 02, 2024 477 likes •844 views

SECTION 504 AND SCHOOLS MONTGOMERY COUNTY SCHOOLS WHAT IS SECTION 504? Federal civil rights law that protects people with disabilities from discrimination Requires schools to make programs and activities accessible to people with

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SECTION 504 AND SCHOOLS

MONTGOMERY COUNTY SCHOOLS

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WHAT IS SECTION 504?

Federal civil rights law that protects people with disabilities from discrimination

Requires schools to make programs and activities accessible to people with disabilities through necessary accommodations, modifications and/or services

The purpose of 504 is to “level the playing field”

Covers students with diagnosed, certified, or classified disabilities who attend public and some private schools.

A student is “disabled” under Section 504 regulations if meets ONE of three prongs of eligibility:

Have a physical or mental impairment that SUBSTANTIALLY limits a major life activity, or

Have a record of such impairment, or

Be regarded as having such impairment

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504 IS NOT…

Special Education – Equity of opportunity is different from special education entitlement

Appropriately used for aiding “Slow Learners”

Appropriately used to help a child reach his/her “full potential”

Automatically implemented for every student with a medical diagnosis of disability

Appropriate for a student who needs simple changes that any good teacher normally does

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504 SERVICES

What services are available for students with disabilities under Section 504? Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

Note: Section 504 requires that school districts provide a Free and Appropriate Education (FAPE) to students in their jurisdiction who have a physical or mental impairment that SUBSTANTIALLY LIMITS at least one major life or major body function. All students are entitled to FAPE in North Carolina. Eligibility for Section 504 is NOT the same as eligibility for IDEA (EC Programs).

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WHO QUALIFIES?

A person is qualified for protection within the scope of Section 504 if they: Have a mental or physical impairment that substantially limits a “Major Life Activity” (It is important to note however that not everyone who qualifies for protection under Section 504 qualifies to have a 504 plan)

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WHAT ARE MAJOR LIFE ACTIVITIES?

Pretty much anything that most people do

Eating

  • Breathing

Sleeping

  • Speaking

Walking

  • Learning

Seeing

  • Concentrating

Hearing

  • Working

“Major Bodily Functions” (immunity, cell growth, endocrine function, elimination, digestion, etc…)

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THE 504 PROCESS

Five Steps:

Step 1: Identification - “Child Find”

Step 2: Evaluation

Step 3: Developing an Accommodation Plan

Step 4: Implementation

Step 5: Annual Review/Re-evaluation

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STEP 1: REFERRAL

Referral can be made by:

Parent

Teacher

Physician

Nurse

Counselor

Etc… Process must be clear and available for use

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THE FOLLOWING MAY INITIATE A REFERRAL

Chronic hospitalization

Chronic homebound

Homeless, migrant, or other qualified individuals with disabilities, or individuals who are believed to be disabled

Student is found ineligible for special education

School concerns

Parental concerns frequently expressed

Students reentering school after having been temporarily placed in a private setting

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STEP 2: EVALUATION

Evaluation means gathering information needed to make an informed decision

Evaluation does not always mean testing

Evaluation is a team process

In Evaluating for 504 eligibility the team needs to use multiple sources of information

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STEP 2: EVALUATION (CONT)

The 504 team should consist of people knowledgeable about:

  • The child
  • The disability
  • The meaning of the evaluation data
  • Placement options
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TEAM MEMBERS

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STEP 2: EVALUATION (CONT)

Section 504 team determines if the student meets eligibility:

 “a mental /physical impairment that substantially impairs a major life activity or

major body function.”

 Two questions:

  • 1. To what degree does the student’s impairment limit a major life activity or major bodily function?
  • 2. Does the student need accommodations, services or supports to access the benefits of public

education at a level similar to his/her non-disabled peers?

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STEP 2: EVALUATION (CONT)

Sources of information may include:

School records

Disciplinary records

Observations

EOG Scores

Interviews

Attendance logs

Medical records

Vision or hearing screenings

Etc., etc., etc…

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STEP 2: EVALUATION (CONT)

A doctor letter, by itself, does not determine eligibility.

Evaluation must address:

The nature and extent of the disability

Its effect on Major Life Activities

Recommended accommodations or services

Effects of the disability must be evident in the school setting to require a 504 plan

Periodic Re-Evaluation is required

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STEP 2: EVALUATION (CONT)

Common Errors in Eligibility Decisions:

Ignoring the physical /mental impairment requirement

Ignoring the substantial limitation requirement

Basing eligibility on anticipation of future needs

Basing eligibility solely on a medical diagnosis with no evidence of a substantial impairment

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STEP 3: DEVELOPING ACCOMMODATION PLAN

What needs to be done to enable a student to participate in the general education program

Accommodations must be individualized

Designed to meet the needs of disabled students “as adequately as” the needs of

  • ther students are met

Modifications can be made to general education programs or the provision of different programs may be needed – Consider extracurricular activities, driver’s ed., summer school, etc.

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STEP 3: ACCOMMODATIONS (CONT)

Test accommodations may only be used if the same accommodations are in regular use in the classroom

Disabled students should have access to the same extra-curricular and after school activities available to their peers

Accommodations are intended only to “level the playing field” for the disabled student – equal opportunity with regular education peers

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TYPES OF ACCOMMODATIONS

Environmental

Organizational

Behavioral

Presentation

Evaluation

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TYPES OF ACCOMMODATIONS

Environmental

Structured learning environment

Student seating

Re-organization of classroom materials

Study carrel or adapted desk

Access to elevator

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TYPES OF ACCOMMODATIONS

Organizational

Organizational systems (i.e.: color coding)

Write out homework assignments

Set time expectations

Binders

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TYPES OF ACCOMMODATIONS

Behavioral

Behavior management techniques

Behavior contracts

Positive reinforcement

Logical consequences Create and be consistent with Behavior Plan!

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TYPES OF ACCOMMODATIONS

Presentation

Taped lessons for re-play

Computer aided instruction

Alternative textbooks

Highlighted worksheets

Peer tutoring Be aware of differing student learning styles and match instructional materials…

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TYPES OF ACCOMMODATIONS

Evaluation

Limit amount of material on each page

Provide practice tests

Oral testing

Divide tests into segments

Extended time

Decrease external stimulation

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COMMON ERRORS IN DEVELOPING A 504 PLAN

Failing to match accommodations with student needs

Writing vague plans

Failing to inform individuals responsible for the implementation of the plan

Failing to progress monitor

Not addressing non-academic and extra-curricular activities when appropriate

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DISCIPLINE

Discipline for students served under Section 504 is consistent with that for students served under IDEA…

If infraction warrants a suspension of 10+ days, a “Manifestation Determination” must be made (AKA: Causal Relationship)

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DISCIPLINE PROCESS

Administrator determines if the student committed the infraction

504 team determines if the behavior was caused by the disability

If behavior was caused by the disability a review of the accommodation/behavior plan must occur

If behavior was not caused by the disability then disciplinary action proceeds as for any other student.

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STEP 4: IMPLEMENTATION

  • Notify school staff of a student’s accommodations under §504
  • Provide trainings
  • Monitor implemented accommodations with the required progress monitoring
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STEP 5: ANNUAL REVIEW/RE- EVALUATION

Progress monitoring, annual reviews and 3-year re-evaluations are conducted to determine if the student continues to need the accommodations listed on the plan.

If student needs change, the plan must be revised to reflect the current needs of the student.

School staff or the student’s parent/guardian may request a meeting at any time.

Review student plans annually or sooner if requested

Conduct a full reevaluation every three years or more often when reasonably requested by parents or school personnel.

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STEP 5: ANNUAL REVIEW/RE- EVALUATION (CONT)

A three-year reevaluation is conducted like an initial Section 504 evaluation

Determine if the student:

continues to qualify under Section 504

continues to need accommodation

to what extent that supports are needed.

An updated medical diagnosis is requested so medications and accommodations can be

revised as needed.

A reevaluation is conducted prior to a significant change of placement such as long-term

suspension/expulsion, exit from Section 504, or graduation from school.

Be sure to document all meetings and send appropriate notification and follow-up paper

work to parents, teachers, the District Section 504 Office, and legal counsel, as needed.

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PROCEDURAL SAFEGUARDS

 Parent must receive prior notice of eligibility meeting  Parent must give consent prior to individualized testing  Parent must be given notice of rights upon referral, upon eligibility

determination , and at annual review

 Parent must be given notification in writing of placement decisions  Parent must be provided with an appeal procedure including an impartial

hearing

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ROLE OF SCHOOL 504 CONTACT

Serve as liaison between school and district 504 office

Serve as liaison between your school and other schools

Provide in-service training to school staff on 504 procedures

Monitor provision of 504 plans

Ensure that teachers receive copies of 504 Plans

Schedule and facilitate review of all 504 Plans annually

Forward copy of 504 Plan to extracurricular and after school programs (drivers ed, learning academy, summer school)

Ensure that a copy of the 504 Plan is added to the student’s Personal Education Plan

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7 CARDINAL SINS

Qualifying students who do not have an impairment so they can “get help”

“Deliberate Indifference” – not providing a plan for a student who clearly qualifies for one

Bill of Rights not given to parents

No identified and specified referral system

No grievance procedure

No appeal process

No one at system level to coordinate program

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Questions?