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History of Section 504

Section 504 Workshop Grant Wood AEA January 28 , 2019 Iowa Department of Education Fred Kinne – EdEquity Consulting LLC. History of Section 504. A Civil Rights Law – 1973 (PL 94-142 of Section 504) Covers the Rights of All Individuals with Disabilities Not Just School Aged Children

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History of Section 504

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  1. Section 504 WorkshopGrant Wood AEAJanuary 28, 2019Iowa Department of EducationFred Kinne – EdEquity Consulting LLC

  2. History of Section 504 • A Civil Rights Law – 1973 (PL 94-142 of Section 504) • Covers the Rights of All Individuals with Disabilities • Not Just School Aged Children • Prohibits Disability Discrimination by • Any Program or Activity • Receiving Federal Funds

  3. Section 504 prohibits discrimination against individuals with disabilities. Section 504 ensures the child with a disability has equal access to an education.

  4. Private EducationTitle 34 – Office of Civil Rights 104.39 Private education (a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with minor adjustments, be provided an appropriate education, as defined in 104.33(b)(1), within that recipients program or activity. (b) A recipient to which this section applies may not charge more for the provision of an appropriate education to handicapped persons than to non-handicapped persons except to the extent that any additional charge is justified by a substantial increase in cost to the recipient. (c) A recipient to which this section applies that provides special education shall do so in accordance with the provisions of 104.35 and 104.36. Each recipient to which this section applies is subject to the provisions of 104.34, 104.37, and 104.38.

  5. Private Receiving No Federal Funds If 504 does not apply because the school does not receive federal financial assistance from the USDE, the school is still governed by the Iowa Civil Rights Act.

  6. Discrimination Defined “Discrimination is the exclusion from participation in, the denial of benefits of, any program or activity receiving or benefiting from federal financial assistance. Students may not be denied participation in or be denied benefit from services that are afforded nondisabled students.” Title 34-Education/C.F.R. § 104.4 (Code of Fed Reg)

  7. Discrimination Application “No otherwise qualified individual with a disability … Shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.” Title 29 – Labor/U.S.C. § 794

  8. Americans with Disabilities ActADA The ADA, as it applies to public entities (public school districts) is identical to a key portions of Section 504 concerning nondiscrimination. http://www.wrightslaw.com/info/sec504.summ.rights.htm

  9. The Americans with Disabilities Act Amendments Act of 2008ADAAA On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require “extensive analysis.”

  10. Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA) is a United States Federal Law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. PL 101-476

  11. The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability.

  12. ADAAA Effects on 504 More broad umbrella of coverage for those disabled Lowers the bar for showing “substantially limits” Episodic/remission impairments – only when active Expands list of major life activities

  13. Not IDEA Unlike IDEA, Section 504 does not require a public school to provide a plan designed to meet a child’s unique needs, as in a Reading Goal. There are fewer procedural safeguards under Section 504.

  14. IDEA vs 504 IDEA Section 504 Child Find Consent for Evaluation Re-evaluations LRE FAPE Discipline – Manifestation Due Process Team • Child Find • Consent for Evaluation • Re-evaluations • LRE • FAPE • Discipline – Manifestation • Due Process • Team

  15. IDEA vs 504 IDEA Section 504 Non-funded Broadly defines disabled children Meets needs of disabled students as adequately as needs of non-disabled students No Annual review required (not re-eval) • Funded • Discrete categories of disabilities • IEPs reasonably calculated for educational benefit • Annual review

  16. FAPE Free Appropriate Public Education – FAPE (Non-Public: Has a duty to do “minor adjustments: not FAPE) An appropriate education is a program designed to meet the educational needs of individuals with disabilities as adequately as the needs of nondisabled students. Title 34 C.F.R. § 104.33(b)(1)(i)

  17. Questions?

  18. Criteria for Eligibility A Mental or Physical Impairment Substantially Limiting the Individual In One or More Major Life Activities

  19. Mental/Physical Impairments • Title 34 C.F.R. § 104.3 (j)(2)(i) • Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: • Any mental or psychological disorder

  20. Substantially Limiting An impairment need not prevent or severely/significantly restrict a major life activity to be considered substantially limiting. In the phrase "a physical or mental impairment that substantially limits a major life activity," the term "substantially limits" shall be interpreted without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses. Mitigating measures are things like medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications that an individual may use to eliminate or reduce the effects of an impairment. These measures cannot be considered when determining whether a person has a substantially limiting impairment.

  21. Substantially Limiting - continued Impairments that may not have previously been considered to be disabilities because of the ameliorative effects of mitigating measures might now meet the Section 504 and ADA definition of disability. Example: A student who has an allergy and requires allergy shots to manage that condition would be covered under Section 504 and Title II if, without the shots, the allergy would substantially limit a major life activity.

  22. Cultural, Environmental and Economic Within Section 504, the definition of a disabled person specifies that only physical and mental disabilities are included. Environmental, cultural and economic disadvantages are not themselves covered under Section 504

  23. Examples

  24. Scenario Homelessness causes Depression causes Sleeping Disorder causes Attendance Problems

  25. Review • Section 504 • IDEA • ADA • ADAAA • Eligibility • Mental or Physical Impairment • Substantially Limiting an Individual • In One or More Major Life Activities • Cultural, Environmental, Economic cannot stand alone, but in part

  26. QUIZ All students who are covered under the IDEA are covered under Section 504. All students who are covered under Section 504 are covered under IDEA. A student who has a disability, but does not need special education, is entitled to educational accommodations under Section 504.

  27. Answers All students who are covered under the IDEA are covered under Section 504. Y All students who are covered under Section 504 are covered under IDEA. N A student who has a disability, but does not need special education, is entitled to educational accommodations under Section 504. Y

  28. Impairments What impairments are needed?

  29. Answer Physical and/or Mental

  30. Statement Section 504 uses the same disability categories as IDEA.

  31. Answer NO – they are much broader/open ended

  32. Questions/Break

  33. Health Plans - Section 504

  34. Health Plans/Section 504 • School officials must comply with IHP requirements as well as those imposed by Section 504 • OCR has cited several districts • Using an IHP when a plan under Section 504 was required

  35. If a student is eligible under Section 504the IHP (must/should) be developed under Section 504’s regulations for evaluation and placement in addition to the requirements for IHP development.Related = 504Not related = IHPDecided by a Section 504Team

  36. It would be illegal for a school to have a blanket rule of refusing 504 Plans and insisting on IHPs instead.

  37. Iowa OpinionThe following White Paper was created by Thomas Mayes, Department of Education, published and shared with all superintendents on March 11, 2015 detailing the intersection of Section 504 and Student Health Plans.https://www.educateiowa.gov/documents/school-nurse/2015/03/intersection-504-and-ihp

  38. What if?If a student has an IHP in place, but has not been evaluated for eligibility under Section 504, it must be determined whether the student might be eligible under Section 504. If a student with an IHP might have a physical or mental impairment that might be substantially limiting in a major life activity then the student must be evaluated in accordance with Section 504 regulations. Failure to do so may result in enforcement action under Section 504.

  39. What if continued …DEEquity visitsOCRDistrict GrievanceIowa Civil Rights CommissionState or District Federal CourtIowa Board of NursingIowa Board of Educational Examiners

  40. Individual Health PlansIHPs

  41. Components of an IHP “How does this fit into a 504 Plan?” Nursing Assessment Nursing Diagnosis Outcome Identification Planning Nursing Interventions Evaluation Student Goals (if applicable)

  42. 1. Nursing Assessment

  43. 2. Nursing Diagnosis Reference: Ackley, B.J. & Ladwig, G.B. (2014). Nursing Diagnosis Handbook: An Evidenced-Based Guide to Planning Care (10th ed.). St. Louis, MO. Mosby Elsevier.

  44. 3. Outcomes Identification

  45. 4. Nursing Planning and Interventions

  46. 5. Interventions

  47. 6. Evaluation

  48. Question: Can an IHP developed by the nurse meet the district requirement for Section 504?

  49. Answer: NO. Although the nurse is meeting the health needs of the student in school, the school maintains the responsibility to comply with and protect the equal opportunity rights for all students with disabilities to access and participate in education and activities. For a child who is eligible under 504, the IHP must be developed in compliance with 504 law and procedures.

  50. Question: Is it important for administration to be aware of all students with health plans?

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