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 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
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
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).
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 )
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…)
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
STEP 1: REFERRAL Referral can be made by: Parent Teacher Physician Nurse Counselor Etc… Process must be clear and available for use
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
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
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
TEAM MEMBERS
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?
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…
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
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
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 other 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.
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
TYPES OF ACCOMMODATIONS Environmental Organizational Behavioral Presentation Evaluation
TYPES OF ACCOMMODATIONS Environmental Structured learning environment Student seating Re-organization of classroom materials Study carrel or adapted desk Access to elevator
TYPES OF ACCOMMODATIONS Organizational Organizational systems (i.e.: color coding) Write out homework assignments Set time expectations Binders
TYPES OF ACCOMMODATIONS Behavioral Behavior management techniques Behavior contracts Positive reinforcement Logical consequences Create and be consistent with Behavior Plan!
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…
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
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
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)
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.
STEP 4: IMPLEMENTATION • Notify school staff of a student’s accommodations under §504 • Provide trainings • Monitor implemented accommodations with the required progress monitoring
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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