Understanding SECTION 504 of the Rehabilitation Act

1. Understanding SECTION 504 of the Rehabilitation Act • Jen Lamanna – East Area Director • Mel Kelley – West Area Director • Joan Kern – 504 Specialist and Parent Liaison September 2012

2. What is Section 504? • The Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a federal statute that prohibits discrimination against persons on the basis of their disability by institutions, such as Mesa Public Schools, that receive federal assistance. • Section 504’s purpose is, among other things, to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students. • If a student is covered by Section 504, Mesa Public Schools must provide such accommodations as are necessary to ensure that the student has equal access to services, programs or activities offered by our schools.

3. Special Education The student must have a disability (specific qualifying condition) Some conditions require a doctor’s certification The student’s disability must adversely affect educational performance Comprehensive educational evaluation Parent consent required Strict timelines Comes with Federal $$ Section 504 The student must have a physical or mental impairment Doctor’s certification not required The student’s disability must prevent equal access to or benefit from the school’s programs or services. Evaluation using relevant information from a variety of sources. Decision by a group of knowledgeable persons. Parent consent required “Reasonable” timelines No Federal $$ What’s the Difference?

4. Can’t Have Both… It should be noted that students who qualify for special education services would also qualify for Section 504; However, a 504 Plan is not necessary because the Individualized Education Plan (IEP) must include the needed accommodations.

5. Section 504 Evaluation • Must have written parent consent for initial evaluation. • “Evaluation” does not necessarily mean “test”. • Evaluation refers to a gathering of data: • Parent • Medical Provider • Teacher(s) • School Nurse • Counselor • Based on this information the team answers the three questions to determine eligibility.

6. Answer the 3 Questions • Does the student have a physical or mental impairment? • Does the impairment affect one or more major life activities? • Is the affect substantial? In order to be eligible for a 504 plan the student must: 1 - have all three questions answered “YES” and 2 - accommodations are required to meet the student’s needs.

7. Physical or Mental Impairment • No medical diagnosis is required BUT • If the team determines a medical assessment is necessary in order to determine if the student has a disability – then it must be done at no cost to the parent. (Parents may choose to use their own resources but if they can’t the school must pay for it.)

8. Affects a Major Life Activity • Consider all life activity, not just “learning” – see the list • Example: A student with bone cancer – the impairment did not affect learning but affects his ability to walk, climb stairs, participate in PE, attend field trips and walk to school. Does this student qualify for a 504 Plan?

9. What are Mitigating Measures? • Shall be made without regard to the positive affects of mitigating measures such as: • Medication, medical supplies/equipment, prosthetics, hearing aides or cochlear implants, mobility devices, low vision devices (which do not include eyeglasses or contact lenses) • Use of assistive technology • Reasonable accommodations or auxiliary aides and services • Learned behavioral or adaptive neurological modifications

10. The Team should ask… • How would the student perform without the intervention/accommodation (mitigating measure )? • If the answer is: the student would be substantially limited – then the student would be eligible for a 504 Accommodation Plan! • Example: Bob is a severely ADHD student who performs well on medication with no problems at school. Without medication, Bob gets into fights daily and cannot concentrate to do school work. Does this student qualify?

11. “Technically” Eligible Student • Has an impairment but no accommodations are required at this time to meet the student’s needs. • Fill out eligibility form and code as a “5” • A “technically eligible student” has the non- discrimination protections of Section 504 and would receive: • Procedural Safeguards • Manifestation Determination • Periodic Re-evaluation

12. Temporary – Episodic In Remission • Temporary Impairment – must have a substantial limitation for an extended period of time (6 months or more) in order to constitute a disability. • Impairments that are episodic or in remission constitute a disability if the condition would substantially impair a major life activity when active. Have a 504 Plan in place for when the condition is active.

13. 504 Accommodation Plan What is it? • A (written) plan that lists the necessary accommodations to minimize the impact of the impairment. The goal is to level the playing field and grant equal access. • Accommodations, not modifications

14. 504 Accommodation Plan Who creates it? • The TEAM includes people knowledgeable of the student and their needs • Consider all school environments (bus, cafeteria, playground, field trips)

15. 504 Accommodation Plan Who gets a copy of it? • Each teacher serving the student (don’t forget second semester teachers) • Student, if able to understand and self-advocate • Provide the necessary pieces of the plan to people that might encounter a situation where the impairment manifests itself.

16. 504 Accommodation Plan Where is it kept? • Cumulative file - so it is sent along with other records when records are requested by another school • Fax a copy to Student Services Center – it will then be scanned into Synergy • Teachers’ plan books (available to subs) • Confidentiality applies

17. When must the plan be reviewed? • Good practice is once a year • If the impairment changes significantly • If classes are changed or added that may have an impact on the Plan’s appropriateness/effectiveness • Before transitions (Elementary to Jr. High, Jr. High to High School) • When student moves in with existing plan

18. Move-in Student • Students that move in with an existing 504 Plan - implement as written or revise – if necessary. (It does not have to be on MPS forms) • Have the registrar change Synergy enrollment tab to a “4” • Send copy of the plan to SSC

19. Who enforces Section 504 compliance? • Office of Civil Rights (OCR) (A division of the US Department of Education) Compliance Guidance: Americans with Disabilities Act of 1990 ADA Amendments Act of 2008 – effective January 1, 2009 Frequently Asked Questions - March of 2009 and modified in March of 2011 Enforcement: through complaint investigations

20. Health Care Plan and/or 504 Plan? • Any student with a Health Care Plan may also qualify for a 504 plan. • They are entitled to a 504 evaluation. • The 504 Plan may state, “See Individual Health Care Plan”. (This will allow for changes on an “as needed” basis.)

21. Transportation? • Go to MPS website – click on Departments – click on Special Education – go to Forms and Manuals – then click on Transportation – under that is “Transportation for General Education Student” • In the upper right corner there are 4 options” • SPED - Filled out by SPED staff • 504 – Filled out by 504 Coordinator • Superintendency • Medical (Temp.) – Filled out by Nurse

22. Service Animals • Title II (2010 amendments) • School can ask only two questions: 1) Is the animal required because of a disability? AND 2) What work or task is the animal trained to perform?

23. Procedure • Upon completion of a NEW plan or the REVISION of an existing plan: • Make sure the 504 enrollment tab in Synergy is changed to a “4” • Fax a copy of the 504 Plan and Testing Accommodation Addendum to 2-0705 to the attention of Joan Kern (It will be scanned into Synergy ASAP) • Send copies of all other documentation interoffice to Student Services to the attention of Joan Kern • Make sure to put a copy in the cum file

24. Taking Student Off a 504 Plan If the student has become eligible for special education, simply change the enrollment tab to “2”. If student is no longer eligible or a parent no longer wants the student on a 504 Plan: • Hold a short determination meeting. • Fill out the determination eligibility form. • Change the 504 Enrollment Tab to a “5”. • Fax copy of the determination paperwork to Student Services at 2-0705 to the attention of Joan Kern.

25. Coding in the Enrollment Tab • 2 = Special Education • 3 = Gen Ed student that was evaluated for 504 but did not qualify • 4 = has a 504 plan • 5 = has a record of being disabled – (This is what all “Technically” eligible students should be coded.)

26. 504 Plans Available on Synergy • Most 504 Plans are available on Synergy under the Documents Tab. • To help keep this up to date, it is critical that we get NEW and REVISED Plans (and the Testing Accommodations Addendum) faxed to Joan Kern in a timely manner. • Email or call Joan at 472-0632 with questions/concerns.

27. 504 Manual and Forms • Go to MPS Website • Click on Departments • Click on Student Services • Click on Manuals and 504 Forms • All parent forms are also in Spanish • Includes this presentation

28. Questions/Dialogue

29. Thanks for ALL that you do everyday to make a difference in the lives of ALL children.