What is Section 504?

1. What is Section 504? • Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is a federal civil rights statute that prohibits discrimination against individuals with disabilities • Section 504 applies to recipients of federal financial assistance, such as school districts. • Several years after enacting Section 504, Congress enacted the Americans with Disabilities Act (the “ADA”), which also prohibits discrimination against individuals with disabilities • Title II of the ADA applies to all public entities, including school districts, regardless of whether they are recipients of federal financial assistance.

2. Important Provisions of Section 504 • No qualified person with a disability shall, on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any school district program or activity. 34 C.F.R. § 104.4(a). • No qualified person with a disability shall, because the school district’s facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any district program or activity. 34 C.F.R. § 104.21. • The school district shall provide a free appropriate public education to each student in the district, regardless of the nature or severity of the student’s disability. 34 C.F.R. § 104.33(a).

3. What is a “disability” under Section 504? • A physical or mental impairment that “substantially limits”* one or more major life activities; or • A record of such an impairment; or • Being regarded as having such an impairment. * Unable to perform a major life activity that the average person in the general population can perform or “significantly restricted “as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population that can perform the same major life activity

4. What are “major life activities”? • Caring for oneself • Performing manual tasks • Seeing • Hearing • Eating • Sleeping • Walking • Standing • Lifting • Bending • Speaking • Breathing • Learning • Reading • Concentrating • Thinking • Communicating • Working

5. “Major life activities” also include the operation of a major bodily function, including but not limited to: • Functions of the immune system • Normal cell growth • Digestive functions • Bowel functions • Bladder functions • Neurological functions • Brain functions • Respiratory functions • Circulatory functions • Endocrine functions • Reproductive functions • Muscular/Skeletal system

6. Physical Impairment Examples Drug/Alcohol use - (confusing) Pregnancy Contagious diseases Obesity Speech impairments Food Allergies Multiple chemical sensitivities Asthma Diabetes Temporary Impairments Orthopedic Impairment

7. Mental Impairment Examples • Depression • Bi-polar • Anxiety • Phobic • Behavior • Social maladjustment

8. What’s the difference? 504 IDEA • Not entirely focused on public schools • Civil rights law • No $$ allocated; district picks up cost • Impaired, substantially limits MLA • Compares with nondisabled peers, seeking = opportunity to participate and benefit • Group of people knowledgeable about student, that reviews evaluation data and options (504 Team) • Focused on public schools • Entitlement law • Some $$ allocated • Educational disability and in need of Special Education/Related Services • Educational benefit to individual child • IEP Team makes decision

9. Procedural Considerations • Referral can be made by anyone • Once the referral is made, a team of professionals, who have knowledge of the referred student is convened and this team will determine eligibility for 504 • Parents need to give permission for evaluation; they should be encouraged to attend the meeting • If a 504 Plan is warranted, the 504 Building Coordinator or counselor will formalize the teams recommendations on the 504 Plan and will distribute the final document to the appropriate staff • Parents will receive a copy of the 504 plan and a copy of the “Parents Rights” • Faculty/Staff will be notified on a NEED TO KNOW basis, every semester

10. Writing the 504 plan (PSD uses Frontline ENRICH on-line sytem) • Must include the results of any evaluations done • Explanation of the disability (physical/mental impairment) • Identification of the Major Life Activity limited by the disability • The impact on education and access to education • Necessary and reasonableaccommodations • Placement in the Least Restrictive Environment (“LRE”) • Plan must be periodically reviewed (Recommendation is to review annually)

11. Manifestation Hearing* • YES for Students with 504 Plans! • 10 Days (similar to Students with IEPs) *A meeting to determine whether a student’s behavior that resulted in suspension/expulsion was a manifestation of their disability

12. Frequently Asked Questions • What do you do with a student’s 504 Plan if the student moves to another site? • The 504 Plan should follow the student to the new school. The 504 Team at the receiving site should review the accommodations and distribute to appropriate staff. • Who is responsible for 504 Plans if there is no counselor in a school? • Each building must designate a 504 Coordinator that is responsible for coordinating 504 meetings and distributing plans. • Do we have to have an official diagnosis and who can make a diagnosis? • A licensed/certified clinician can make a diagnosis and that information is one part of the overall evaluation; however, an official diagnosis is not necessary to consider eligibility for a 504. The 504 Team must determine if the impairment is substantially limiting a “major life function”.

13. Frequently Asked Questions (cont.) • Can or should we write a 504 Plan when a student exits an IEP? • If a student no longer qualifies for an IEP, a 504 Plan may be considered; however, many times it is not necessary. Also, a 504 Plan needs to be considered and developed by a 504 Team, not the IEP team. • Can a student have a 504 Plan and an IEP at the same time? • Yes they could; however, it is a more common practice to incorporate the accommodations into the IEP if appropriate and not have two documents. • Do students with a 504 Plan have procedural safeguards such as manifestation* in place if they are suspended or up for expulsion? • YES, as with students on an IEP, a manifestation hearing must occur within 10 days. (*A meeting to determine whether a student’s behavior that resulted in suspension/expulsion was a manifestation of their disability)

14. Frequently asked questions (cont.) • Do we have to include every recommendation presented by parents and community professionals on the student’s 504 Plan? • All outside documentation and reports from professionals and family should be considered as part of the evaluation; however, the 504 Team determines what accommodations are necessary for the school environment. • Can we wait to determine a student’s 504 eligibility until the student goes through the MTSS (Multi-tiered System of Support) process? • No, if a student has a known impairment that is substantially impacting a major life activity, a 504 meeting to determine eligibility should occur immediately. A student may receive 504 accommodations on all tiers of MTSS.

15. Frequently asked questions (cont.) • Does a parent have to give permission for staff to evaluate student for a 504 Plan? • Yes; a parent does need to give permission for an evaluationby school staff. • What can we do to keep us in compliance? • Have a 504 Team determine eligibility and develop the 504 Plan if needed • Distribute plan to appropriate staff • Maintain confidentiality • Provide accommodations that are written on plan

16. For more information Ruben Chacon, Director of Student Services 970.490.3033 rchacon@psdschools.org