Section 504

1. Section 504 Ferguson-Florissant Administrators Meeting 7/27/2016

2. Definition of a Disability under Section 504 and the ADAAA Under 504 and the American with Disabilities Act Amendment Act (2008), a person is considered to have a disability if that person: 1. has a physical or mental impairment which substantially limits one or more of such person’s major life activities 2. has a record of such an impairment, or 3. is regarded as having such an impairment Section 121002 (1)ADA http://www.eeoc.gov/laws/statutes/adaaa.cfm

3. Section 504 • Is the provision of FAPE to all qualified students with a disability to meet the individual educational needs of disabled students as adequately as the needs of non-disabled students are met.

4. Section 504 defines a physical or mental impairment as: 1. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genitor-urinary; hemic and lymphatic; skin; and endocrine; or 2. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities Section 121002 (1)ADA http://www.eeoc.gov/laws/statutes/adaaa.cfm

5. Section 504 requires that a person has a physical or mental impairment that substantially limits one or more major life activities . Examples include but are not limited to: • Caring for self • Hearing • Learning • Walking • Performing manual tasks • Breathing • Speaking • Working • Seeing • Other • Section 121002 ADA (2A) http://www.eeoc.gov/laws/statutes/adaaa.cfm

6. Determining Eligibility for a 504 plan • A child’s eligibility for a 504 must be made from a variety of sources. A doctor’s note alone is not sufficient to warrant a 504. The evaluation can consist of review of existing data, observations, interviews. The district is not obligated to evaluate a student when a disability is not suspected. • A student’s impairment must substantially limit their ability to ability to perform a major life activity. The standard used is not the optimal performance level for a person, but the average performance of a person in the general population.

7. What does “substantially limit” mean? • The determination of whether or not a disability substantially limits a major life activity is subjective, since 504 and the ADAAA do not provide any operational criteria of substantial limitation. School personnel must use their professional judgment , collectively, to make this determination.

8. “Mitigating Measures” • The evaluation team must look at the impairment without mitigating measures such as medication, medical supplies, and low vision glasses (corrective lenses and contact lenses are excluded) breathing apparatuses, hearing aids, prosthetics, etc. • For example: If a child is taking medication for ADHD, the team must consider the effect of the impairment as if the child were not on medication.

9. Section 504/ Title II Coordinator and 504 Referrals Incidents of disability discrimination or harassment should be reported to the Director of Student Services. 504 Referrals by parents should be directed to the school Counselor who is responsible for handing out the Parent/Student Rights and the necessary forms.

10. 504 Referrals and IDEA Referrals 504 Referrals and IDEA referrals have separate procedures and eligibility requirements. If a special education referral and a 504 referral is made at the same time, the school counselor is responsible for starting the process for both requests.