Basic 504/ADA- for Site Administrators Based on the final regulations to the ADA 5/24/11

1. Basic 504/ADA-for Site AdministratorsBased on the final regulations to the ADA 5/24/11 Co-Presented by: Mary Samples, Assistant Superintendent and Fran Arner-Costello, Director of Programs and Services, Ventura County SELPA www.venturacountyselpa.com

2. Why 504/ADA? • New requirements- ADA Amendments went into effect January 2009. • Conformity between 504 and ADA • Address discrimination • Keeps some kids out of Special Education

3. 504 and ADA are Civil Rights Acts • Guarantee non discrimination for “unalterable characteristics” • Guarantee “equal and meaningful access” • “No otherwise qualified person shall be excluded solely on the basis of the disability.” • Office for Civil Rights is the oversight agency

4. Isn’t this just a “cop out”? • Disabilities are real • This process documents the disability • Students should get the accommodations that they need for their disability

5. But What About Special Ed? • 504 is simpler, less time-consuming • 504 generally provides supports and accommodations vs. services

6. What About Cost? • 504 generally has less financial impact • Special Education is funded on TOTAL ADA • No fiscal incentive for IEP

7. School District Level of Responsibility for 504 • “Presence of” Disability- Provide services and supports • “Record of”- may not exclude or discriminate • “Regarded as”- may not exclude or discriminate

8. How is a Referral Made? • “Child Find” (pp.6-7) • Parent request for 504 Plan evaluation • SST/IPT/PLC is concerned about the presence of a disability or suspected disability • Site administrator for 504 should proceed with a Consent for Evaluation or (p.38) Notice to Parents (pp.50-51)

9. The Steps • Student evaluated • Team meets • Eligibility Determined • (If eligible) Plan written • Plan implemented and monitored • Special steps for discipline • Reevaluation if substantial changes

10. 1. Evaluation • Presence of the Disability • Impact of disability on school-related activity • Level of impact

11. 1A. Presence of Disability • Physical Impairment- Impairments such as disfigurement, anatomical loss, neuromuscular, respiratory, sense organs, speech organs, cardiovascular, skin, etc. • Mental or psychological disorder- Such as intellectual disabilities, organic brain syndrome, emotional or learning disabilities

12. Presence of Disability cont’d. • Limit to major bodily functions such as immune system cell growth, digestive, neurological, respiratory. * If a person has a substantial limitation, they don't also need to be limited in a school activity.

13. Presence of Disability cont’d. • “Virtually always”- Deafness, blindness, intellectual disabilities, missing limb, use of wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV, multiple sclerosis, muscular dystrophy, depression, bipolar, PTSD, OCD, and schizophrenia.

14. More Details about Disability • May be eligible even if episodic or in remission • Short term disabilities (such as broken limbs) are usually not considered if less than six months in nature – unless substantial impact • Exclusions: Illegal drugs, gambling, addiction

15. Aren’t these kids all on IEPs? • Not necessarily • For an IEP, the student needs to have the disability and also require Special Education and related services • IEPs are limited to 13 specific handicapping conditions, 504 is much broader

16. 1B. How is the presence of the disability determined? • If parents have a diagnosis, district can review it and accept it (unless they want to refute it) • If no diagnosis, the district needs to assist in establishing presence of disability • If there are qualified school staff, they may assess • If not, district may need to pay for a medical diagnosis

17. What about ADHD? • Student has diagnosis from doctor • We pay for a medical diagnosis • Education staff conducts behavioral evaluation (pp. 67-69)

18. Types of Evaluations • Medical reports (with parent permission) (p.39-40) • Parent/family member interviews • Review of school records • School observations • Teacher interviews • Social/emotional checklists • Academic assessments • Formal tools not required

19. 1C. Impact on One or More School Related Activities

20. Impact of Disability • Without effect of mitigating measures such as medication, prosthetics, hearing aids, mobility devices, assistive technology, learned behavioral modifications • Does not include eyeglasses or contact lenses • For episodic or in remission, consider effects when active • Compare to most other students

21. Timeline for Evaluation • There is no timeline- the law refers to “reasonable” • No more than 60 days is a good rule of thumb

22. 2. Team Meets • No required members- must include at least parents and school administrator • If determining eligibility, must be people who: • Know the student • Know evaluation data • Know accommodations/supports options • Meeting Notice – (p.41)

23. 3. Eligibility Determined • Eligibility Summary Form (p. 45) • Rubric available if needed to determine level of impact (p. 46)

24. 4. Service Plan Developed • Consider area in which there is impact • “Allows student to participate in and benefit from public education programs and activities” • Physical, instructional, social/emotional/behavioral accommodations • May include regular or Special Education and related aids and services

25. Service Plans • No required elements like an IEP • Goals not required • Must include a plan for periodic review • Should appoint a “Contact Person” to monitor the plan and communicate with family • Method to document staff is informed

26. LRE Under 504 • General education environments unless demonstrated that such education cannot be achieved satisfactorily with supplemental aids and services • Students with disabilities must participate with students without disabilities to the “maximum extent appropriate to the needs of the students with disabilities.”

27. More About Service Plans • Brainstorm with student and parents • See the SELPA website www.venturacountyselpa.com for the “A+ Brochure” and “99 Ways to Help a Child with ADHD” brochure • Use existing staff if possible • Least intrusive as possible • Plan (pp. 42-48)

28. Even More About Service Plans • May have to pay for extra services- aide support, therapy, etc. • May have to make environmental changes • Provide access to extracurricular activities • May not exclude from enrollment in challenging academic programs.

29. Consideration for Special Education • If a 504 student is requiring intensive services, therapies, or even alternate placement, consider eligibility for Special Education.

30. 5. Plan Implemented and Monitored • Site administrator should ensure that all people involved with the student have a copy • Communicate with Contact Person on a periodic basis about implementation and progress • Failure to implement a 504 plan can have serious legal consequences- people can be held personally liable

31. Review • No required frequency of review, but it must be “periodic” • The plan should specify how often and by whom it will be reviewed • Make sure required reviews occur • Annual review is recommended.

32. 6. Special Steps for Discipline • Same protections for suspension and expulsion as Special Education students • If pattern, Manifestation Determination within 10 days (pp. 48 & 49) • If currently using illegal drugs or alcohol, they lose their right to Manifestation Determination • 45 days IAES for weapons, illegal drugs or serious bodily injury

33. 7. Re-evaluation • The student should be re-evaluated if major changes to the plan are being considered

34. Disagreement with Parents • Parents should be given their rights at the beginning, and sign that they received them –(pp.14-21 and p.34) • If parents disagree with what district is proposing regarding assessment, eligibility, or plan, use the Prior Written Notice form • Approval not needed for change of placement • Parents can appeal to the Office for Civil Rights • No “stay put” as in IDEA (p. 17, #13)

35. Thanks for coming today. With proper information and procedures, your school can avoid legal liability and we can ensure that students have the access and supports that they need!