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Section 504 and Schools

Section 504 and Schools. What is Section 504?. Federal civil rights law that protects people with disabilities from discrimination Requires schools to make programs and activities accessible to people with disabilities through necessary accommodations, modifications and/or services

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Section 504 and Schools

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  1. Section 504 and Schools

  2. What is Section 504? • Federal civil rights law that protects people with disabilities from discrimination • Requires schools to make programs and activities accessible to people with disabilities through necessary accommodations, modifications and/or services • The purpose of 504 is to “level the playing field”

  3. 504 is NOT… • Special Education • Appropriately used for aiding “Slow Learners” • Appropriately used to help a child reach his/her “full potential” • Automatically for every student with a medical diagnosis of disability • Appropriate for a student who needs simple changes that any good teacher normally does

  4. Who Qualifies? A person is qualified for protection within the scope of Section 504 if they: Have a mental or physical impairment that substantially limits a “Major Life Activity” (It is important to note however that not everyone who qualifies for protection under Section 504 qualifies to have a 504 plan)

  5. What are Major Life Activities? • Pretty much anything that most people do • Eating - Breathing • Sleeping - Speaking • Walking - Learning • Seeing - Concentrating • Hearing - Working • “Major Bodily Functions” (immunity, cell growth, endocrine function, elimination, digestion, etc…)

  6. The 504 Process…Identification, Evaluation, Accommodation

  7. Step 1: Referral Referral can be made by: Parent Teacher Physician Nurse Counselor Etc… Process must be clear and available for use

  8. Step 2: Evaluation • Evaluation means gathering information needed to make an informed decision • Evaluation does not always mean testing • Evaluation is a team process • In Evaluating for 504 eligibility the team needs to use multiple sources of information

  9. Step 2: Evaluation (cont) The 504 team should consist of people knowledgeable about: • The child • The disability • The meaning of the evaluation data • Placement options

  10. Step 2: Evaluation (cont) • Sources of information may include: • School records • Disciplinary records • Observations • EOG Scores • Interviews • Attendance logs • Medical records • Vision or hearing screenings • Etc, etc, etc…

  11. Step 2: Evaluation (cont) • A doctor letter, by itself, does not determine eligibility. • Evaluation must address: • The nature and extent of the disability • Its effect on Major Life Activities • Recommended accommodations or services • Effects of the disability must be evident in the school setting to require a 504 plan • Periodic Re-Evaluation is required

  12. Step 3: Accommodations • What needs to be done to enable a student to participate in the general education program • Accommodations must be individualized • Designed to meet the needs of disabled students “as adequately as” the needs of other students are met • Modifications can be made to general education programs or the provision of different programs may be needed

  13. Step 3: Accommodations (cont) • Test accommodations may only be used if the same accommodations are in regular use in the classroom • Disabled students should have access to the same extra-curricular and after school activities available to their peers • Accommodations are intended only to “level the playing field” for the disabled student

  14. Types of Accommodations • Environmental • Organizational • Behavioral • Presentation • Evaluation

  15. Types of Accommodations Environmental • Structured learning environment • Student seating • Re-organization of classroom materials • Study carrel or adapted desk • Access to elevator

  16. Types of Accommodations Organizational • Organizational systems (ie: color coding) • Write out homework assignments • Set time expectations • Binders

  17. Types of Accommodations Behavioral • Behavior management techniques • Behavior contracts • Positive reinforcement • Logical consequences Create and be consistent with Behavior Plan!

  18. Types of Accommodations Presentation • Taped lessons for re-play • Computer aided instruction • Alternative textbooks • Highlighted worksheets • Peer tutoring Be aware of differing student learning styles and match instructional materials…

  19. Types of Accommodations Evaluation • Limit amount of material on each page • Provide practice tests • Oral testing • Divide tests into segments • Extended time • Decrease external stimulation

  20. Discipline Discipline for students served under Section 504 is consistent with that for students served under IDEA… If infraction warrants a suspension of 10+ days, a “Manifestation Determination” must be made (AKA: Causal Relationship)

  21. Discipline Process • Administrator determines if the student committed the infraction • 504 team determines if the behavior was caused by the disability • If behavior was caused by the disability a review of the accommodation/behavior plan must occur • If behavior was not caused by the disability then disciplinary action proceeds as for any other student.

  22. Procedural Safeguards • Parent must receive prior notice of eligibility meeting • Parent must give consent prior to individualized testing • Parent must be given notice of rights upon referral, upon eligibility determination , and at annual review • Parent must be given notification in writing of placement decisions • Parent must be provided with an appeal procedure including an impartial hearing

  23. Role of School 504 Contact • Serve as liaison between school and district 504 office • Serve as liaison between your school and other schools • Provide in-service training to school staff on 504 procedures • Monitor provision of 504 plans • Ensure that teachers receive copies of 504 Plans • Schedule and facilitate review of all 504 Plans annually • Forward copy of 504 Plan to extracurricular and after school programs (driver ed, learning academy, summer school) • Ensure that a copy of the 504 Plan is added to the student’s Personal Education Plan

  24. 7 Cardinal Sins • Qualifying students who do not have an impairment so they can “get help” • “Deliberate Indifference” – not providing a plan for a student who clearly qualifies for one • Bill of Rights not given to parents • No identified and specified referral system • No grievance procedure • No appeal process • No one at system level to coordinate program

  25. Questions?

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