Section 504 of the Rehabilitation Act of 1973

1. Section 504of the Rehabilitation Act of 1973

2. Student Support Services Division Kim Wooden, Chief Student Support Officer Office of Compliance and Monitoring Michael S. Harley, Esq. (IL), Compliance Officer Phoebe V. Redmond, Esq., Director Josh Loehr, Ed. D, Coordinator

3. Section 504Educational Services Procedures Handbook for Students (PUB-504) Go to InterAct Ed Link 504 information

4. Amendments Act • 9/25/08 – President signed the American with Disabilities Act Amendments Act of 2008 ( ADAAA) • 1/1/09 – effective date • Waiting for OCR to further define changes as they apply to school districts.

5. Section 504Defined

6. Section 504 Defined • Civil rights or equal opportunity law • Prohibits discrimination against individuals with disabilities • Ensures reasonable accommodations and services

7. Section 504 Defined 504 ELIGIBILITY • Must have a physical or mental impairment • Impairment must substantially limit one or more major • activities • Must be of an age where services are provided • Not an automatic 504 eligibility if referred to special • education or determined non-eligible for special • education

8. Mitigating Measures • Districts must now make their Section 504 determinations based upon the child’s disability as it presents itself without mitigating measures: • hearing aids, • cochlear implants, • medications, • mobility devices • use of assistive technology • medical supplies or equipment, • low vision devices --- except eyeglasses or contact lenses

9. Mitigating Measures • For example: A child with a disability has a tutor who helps him with his homework 2-3 hours a day and helps him keep his grades at A or B level. The tutor is a “mitigating measure.” The use of the “mitigating measures” (use of a tutor resulting in better grades) cannot be used to preclude someone with a disability from being a person with a disability whose ability to learn is substantially impaired.

10. Section 504 DefinedQualified Individual • Must have a physical or mental impairment that substantially limits one or more major life activities: (but not limited to) • caring for one’s self, performing manual tasks • walking, seeing, hearing, speaking, breathing • learning, working, and • eating, sleeping, • standing, lifting, bending, • reading,concentrating, thinking, • communicating • operation of a major bodily function such as: • immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive.

11. Section 504 DefinedQualified Individual Do these impairments substantially limit a major life activity? • Student with ADHD who is making A’s and B’s on report card • Student who has an allergy to dogs • Student with a hip disability • Student with a milk allergy

12. Section 504 DefinedQualified Individual REASONABLE ACCOMMODATIONS If an impairment substantially limits a major life activity, the student must be provided with reasonable accommodations and services to enable the student to access, participate and derive benefits from public education.

13. Section 504 DefinedQualified Individual • A 10th grader with gastrointestinal disorder • Missed 35 days of school • District found him ineligible for Section 504 services because he had passing grades • Informal accommodations, such as absolute bathroom privileges, excusal of tardiness, increased timeline for missed assignments • OCR determination (Oxnard,CA, Union High School District, 2009), district denied the student FAPE because it failed to consider the impact of his impairment on major life activity other than learning. • The district’s eligibility determination conflicted with its decision to offer the student informal accommodations. • While learning is one of the major life activities, it is not the only one. There is nothing in Section 504 that says we should only consider the impact of an impairment on learning. A student could be earning straight A’s and still need accommodations.

14. Peanut allergies • Not an automatic 504 • Follow procedure for a referral • If eligible, write reasonable accommodations to prevent exposure • Ask for medical information or release of information • May only need a health plan

15. Service Dogs • NRS 426.097  “Service animal” defined.  “Service animal” means an animal that has been trained to assist or accommodate a person with a disability. • NRS 651.075 1. It is unlawful for a place of public accommodation to: • Refuse admittance , or • Require proof that an animal is a service animal. 2.  A place of public accommodation may: • Ask a person accompanied by an animal if the animal is a service animal and what tasks the animal is trained to perform or is being trained to perform. • Ask a person to remove a service animal if the animal is out of control and the person accompanying the animal fails to take effective action to control it; or poses a direct threat to the health or safety of others.

16. Section 504 Accommodation Plan

17. Section 504Accommodation PlanSequence • Schedule meeting • Notify the parent (CCF 504.3) • Rights (PUB 505) • Summary (CCF 504.1) • Meets criteria for eligibility (CCF 504.1) • Write plan (CCF 504.1)

18. Jane Doe 1234567 11/23/02 3rd JFK Elementary School 2/20/10 English Mrs. Johnson 3rd grade teacher Mrs. Doe Parent Mr. Lewis 504 Liaison Mr. Harding Reading teacher Example: The teachers have observed Jane to be distractible and often off task. She has difficulty turning in homework and finishing class work on time. Her work samples show incomplete work. Classroom assessments indicate that she is below grade level in Math and struggles to focus on long written assignments. Medical records indicate that Jane was diagnosed with ADD last year but parents indicate she is not currently taking any medications. E This section will be discussed later in Discipline Section.

19. Section 504 Accommodation PlanSample Summaries…What do you think? • Behaviors have greatly improved due to maturity and family’s ability to regulate medications, however parent feels it is in his best interest to continue plan • Teacher observations indicate that he needs accommodations to be successful • Student exited from special education but still needs accommodations

20. Section 504 Accommodation PlanSample Summaries…What do you think? • Student has been diagnosed with a seizure disorder and experiences petite mal seizures. During these seizures, she misses instruction, or directions, and has difficulty remembering tasks. Teachers report prolonged staring episodes and after these prolonged seizures she has experienced some memory loss requiring re-teaching of some skills. She also becomes extremely tired. • Student has a medical diagnosis of ADHD. • Student has a peanut allergy.

21. CLARK COUNTY SCHOOL DISTRICTSECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLAN ADHD learning, concentrating, thinking Jane is experiencing academic difficulty and is unable to focus long enough to finish assigned work X • Seat student close to the source of instruction • Cues to remind student to raise hand before speaking /rewarded when she does • Work will be reduced to reflect concept of mastery • Give limited amount of work to do at one time with frequent teacher feedback • Teacher will ask student to repeat all directions involving new concepts 2/20/10 2/20/11 X 2/20/10

22. Jane Doe 1234567 11/23/02 3rd JFK Elementary School 2/20/10 English Mrs. Johnson 3rd grade teacher Mrs. Doe Parent Mr. Lewis 504 Liaison Mr. Harding Reading teacher Example: Jane has been diagnosed with a peanut allergy which is severe. Her reactions are so severe whenever she comes into contact with any peanuts or peanut products, she needs an EPI pen. Medical records and a conference with student’s doctor confirm that ……………………….. E

23. CLARK COUNTY SCHOOL DISTRICTSECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLAN Peanut allergies Breathing, eating 2/20/10 2/20/11 X 2/20/10

24. Reasonable Accommodations? 1. Administration will maintain a “peanut safe” school. • Peanut products will be removed from school menu and snack bar. • Student’s teachers will establish a peanut-free classroom and conduct on-going awareness training to educate students. • The principal will educate parents and parent volunteers on importance of preventing life-threatening allergies. • School staff will provide same opportunities and conditions for the student as for his peers. • Teacher will not allow projects that contain peanuts or peanut products. • Peanut allergy Alert will be posted on student’s classroom door. • Principal will notify all parents not to pack peanut product foods in their child’s lunches. • Nurse will train staff to understand life-threatening food allergies and proactively respond to allergen exposure in children and to administer medical care with Epi-pens. • School counselors will proactively address bullying and/or other behavioral/emotional concerns related to food allergies by discussing this in class during bullying presentations.

25. Reasonable Accommodations? • Upon entering the classroom, teacher will remind student to wash hands. • The teacher will monitor the child to ensure he will only consume food considered safe provided from the child's home. • Provide a peanut free table. • In the event that questionable foods are being served or brought into the classroom...the child will have access to a safe and fresh safe snack (safety snacks) which will be pre-approved by his/her parents. • To avoid cross-contamination, the teacher will separate the students’ lunches. • Teacher will instruct students on food sharing policies in the classroom that state… • A package of wipes will be next to the computer to be used ... • In the event a substitute is covering a class, the following procedure will be followed…

26. Section 504 Accommodation Plan Annual Review • Team mustformally review progress • Parents must be notified and provided with procedural safeguards • Team mustdetermine the student’s continued need for 504 support – if 504 support is required, team mustwrite a new plan for the upcoming 12 month period (refer to manual page 22)

27. Section 504 Accommodation PlanParent Disagrees • Provide parents with procedural rights (PUB 505) • Send Intent to Implement to parent (CCF 509, Parent Notice of Section 504 Intent to Implement or Refusal Action) • Parents may discuss concerns with Site Administrators • Voluntary Grievance Review • Request an impartial due process hearing

29. 1. Seat student close to the source of instruction • 2. Cues given to remind student to raise hand before speaking and will be rewarded when she does • 3. Work will be reduced to reflect concept of mastery • 4. Give student a limited amount of work to do at one time with frequent teacher feedback • 5. Teacher will ask student to repeat all new directions The accommodations are reasonable to meet the student’s needs. to include all accommodations requested by the parent. accommodations are not reasonable and are not necessary to ensure progress in the general education curriculum X

30. Section 504 Standardized Testing Accommodations

31. Section 504 Standardized Testing Accommodations • Accommodations related to disability • Accommodations can not alter nature, content, or integrity of test • Use approved accommodation list (list on Interact) • Accommodations in plan should drive the testing accommodations

32. Section 504Discipline

33. Section 504 Discipline • Same process as required by the IDEA • Requires the 504 team to determine, during the discipline review: • whether the behavior was caused by or had a direct and substantial relationship to the disability • and whether the student’s Section 504 Accommodation Plan was implemented

34. Section 504 Discipline • “Significant change of placement” • When a student on a plan accumulates 10 suspension days • Timeline • Hold meeting immediately, if possible, but no later that 10 school days • Alternative Instructional Arrangements (AIA) must begin on day 11 • Members • Must include persons knowledgeable about the student, (suggested school staff may include teacher(s), school psychologist, 504 liaison, counselor, etc.)

35. Section 504 Discipline • Decision • Consider all relevant available information • Related • Discipline must stop • Not Related • Discipline can continue

37. Section 504 Discipline Review • Team determines whether behavior is or is not related to impairment • Administration determines disciplinary action • CCF 504.1 Discipline Review • 504 and discipline folder to Area Office if suspension/expulsion pursued

38. Section 504Supplementary Home ServicesorHomebound Services

39. Section 504 Supplementary Home Services • Chronic illness that results in frequent intermittent absences • Involvement of school nurse • Team decision (Appendix I in Manual)

42. Section 504 Homebound Services • Homebound: CCF-529 • Parent and health care provider must complete top sections • Nurse/psychologist finishes Section III • Send to Homebound Office (Appendix I in Manual)

43. Transportation

44. Transportation Plan must indicate a need School nurse participation Information to Transportation Department Request is required yearly, not annually (Appendix J in Manual)

47. Out of District Section 504 Plans

48. Section 504 Out of District Plans • Request out of district records • Implement current 504 plan until convening of District 504 meeting or Write an interim plan if out of district plan is unreasonable • Hold initial meeting within 30 days of implementation • Unable to confirm prior 504 plan, follow initial referral procedures (Page 24 in Manual)

49. Section 504 Exit

50. Section 504 Exit ProceduresCCF-504.1 • No longer needs support • Temporary impairment • Receiving Special Ed services Parent request is not sufficient. A formal 504 meeting must be held to exit. (Page 34 in Manual)