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POP QUIZ. Section 504….again. Question #1 Section 504 is…. the most confusing legislation ever written! a law that is 38 years old. a declaration of disability. all of the above. Question #2 Our school should consider holding a 504 eligibility determination when….
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POP QUIZ Section 504….again
Question #1Section 504 is… • the most confusing legislation ever written! • a law that is 38 years old. • a declaration of disability. • all of the above.
Question #2Our school should consider holding a 504 eligibility determination when… • a referral is made by anyone who has a legitimate interest in and knowledge of the student. • all of the preparation for FCAT is done. • the parent contacts the ESE Dept., the Superintendent’s Office, or an attorney.
Question #3When a parent brings in a medical diagnosis for 504 consideration we should… • let it get buried on the counselor’s desk and hope the parent forgets about it. • immediately pull up the student’s grades to discover they are “just fine” and tell the parent the student will not be eligible. • schedule a team meeting to discuss the implications of the diagnosis and follow the process to determine if the student is eligible.
Question #4Under Section 504 a disability is defined as… • a mental or physical impairment that substantially limits a major life activity. • an anti-discrimination law. • an eligibility for accommodations only in the K-12 system. • a formal method to ensure equal access. • all of the above.
Eligibility has two prongs • First, establish existence of a disability The Rehabilitation Act of 1973 defines an individual with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having an impairment. • Second, establish need for accommodations “substantial limitation of one or more major life activities”
Definition of “Major Life Activities” • Major Life Activities include but are not limited to: • Caring for one’s self • Seeing • Breathing • Working • Walking • Performing manual tasks • Learning • Hearing • Speaking
Question #5Regarding Section 504, the District has provided… • a law conference annually. • a law conference dedicated to Section 504 specifically. • a 504 training and manual to all guidance counselors during the 2009-2010 school year. • all of the above.
Common misunderstandings clarified… • ESE/IEP students are 504 students – IEPs are a type of 504 Plan • Interventions are not a requirement before 504 determination • Parents can be asked to provide a medical diagnosis – being cautious in how we do so • District procedures call for an annual review of the 504 Plan. • Accommodations are meant to be faded or omitted over time as appropriate for the student’s disability and age
Things staff should NEVER say… • “If we do that for your child, we’ll have to do it for everyone.” • “We don’t do that here.” • “We don’t have time to do that accommodation.” • “Oh, we didn’t know your child had a 504 Plan.”
Other commons issues or questions… • Discipline procedures for students with 504 Plans mirror those for students with IEPs • ESE Director is the 504 District Coordinator • 504 Complaints go to the Office of Civil Rights • Transfer students’ 504 plans must be honored until we determine eligibility here
Question #6When the term 504 is mentioned we should… • follow the process. • inform our staff as to how to proceed (especially office staff with whom parents may share this information). • follow the process. • PANIC! • follow the process.