Jean B. Inskip

 How do I respond? ◦ Physician’s diagnosis requires a Section 504 service agreement ◦ Exited from special education requires a Section 504 service agreement ◦ Parent withdraws consent for special education required a Section 504 service agreement ◦ Parent disagreement with a Section 504 evaluation requires an independent educational evaluation at public expense ◦ Parent elects not to attend the Section 504 meeting requires rescheduling the meeting at parental convenience.

 Section 504 of the Rehabilitation Act of 1973  Title II of The Americans with Disabilities Act of 1990 (ADA)  The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)  IDEA  FERPA

 Pennsylvania School Code of 1949  Pennsylvania Nurse Practice Act  Pennsylvania Practical Nurse Act  Department of Health Guidelines Regarding Administration of Medications (22 Pa Code, Student Services)  Chapter 15

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled.

 Local Educational Agencies (School District and Charter Schools)that receiving federal financial assistance must comply with the implementation regulations at 34 CFR Part 104.  “No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program of activity which receives Federal financial assistance. 34 C.F.R. §104.4(a)].

 To be covered under Section 504, a student must be a “qualified” handicapped person as per state and federal law, and must have a disability) [34 C.F.R. §104.3(k)(2)]

 As defined by federal law: An individual with a disability means any person who: ◦ (i) has a mental or physical impairment that substantially limits one or more major life activity ◦ (ii) has a record of such an impairment ◦ (iii) is regarded as having such an impairment

 An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition. [“It should be emphasized that a physical or mental impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities” (Appendix A to Part 104, #3)].

 Definition of disability ◦ Prong 3 broken into three parts  Physical or mental impairment  Substantially limits  Major life activity 10

 Congress directed that the definition of a disability be “construed broadly and that the determination of whether an individual has a disability should not demand extensive analysis”

Significant Changes to K-12 Section Expansion of Major Life Activities 2. Treatment of impairment if it is episodic or in remission 3. Mitigating measures rule 4. New definition of Substantial Limitation

 Bending  Breathing  Caring for one’s self  Communicating*  Concentrating*  Eating  Hearing  Learning  Lifting  Performing manual tasks  Reading*  Seeing  Sleeping  Speaking*  Standing  Thinking  Walking  Working * Added in ADA Amendments of 2008

Major life activities shall include: The operation of major bodily functions  Bladder  Bowel  Brain  Circulatory  Digestive  Endocrine  Immune system  Neurological  Normal cell growth  Respiratory  Reproductive functions

 ADAAA says, “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” seasonal allergies migraines seizure disorder

What are they?  Something that limits the impact of the impairment  Something usually provided by the parent  Something that a student must use in the school setting i.e. medication, equipment, materials

 Medications, prosthetic devices, assistive technology, or learning behavior or adaptive neurological modifications that an individual may use to eliminate or reduce the effects of the disability.

 Temporary disability–an impairment of less than 6 months  Health Plans-mitigating measures?  Impairments that consistently meet the criteria for a Section 504?

 Definition: “…Significantly restricted as to the condition manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform in the same major life activity….”

◦ Request including  Child should be identified as a protected handicapped student, no longer be, request a modification  Include relevant medical records  Reasons why  Related aids, services, or accommodations requested  Specific modifications

 The district shall within 25 school days  Send written response  Native language  Mode of communication  Request granted/denied  Denied/notice to parents  Right to meet with school officials  Procedural safeguards

 Request for consent sent in writing  Identify the procedures and types of tests  Inform parents of their rights

 The district should ◦ Establish standards and procedures for the evaluation and placement, including  Tests and other evaluation material  Information from a variety of sources including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior  Medical reports related to physical/mental impairment  Parent information

District should have ◦ policies and procedures ◦ current and updated forms ◦ a Section 504 coordinator who is up-to-date ◦ informative sessions with teachers and staff

Evaluations: District should ◦ receive written parental consent ◦ provide the parent with procedural safe guards ◦ establish a group of persons who know the child ◦ look at a “variety of sources” ◦ native language, if necessary

◦ Procedures should include provisions for periodic reevaluations of students ◦ No timeline for conducting reevaluations is included in law ◦ BUT suggested-”…procedure consistent with the Education for the Handicapped Act is one means of meeting this requirement.”

 District must conduct an evaluation  Neither the Amendments Act or Section 504 obligates a district to provide aids that the student does not need  The student is still a student with a disability

 22 PA Code Chapter ◦ In writing-no oral agreements ◦ Beginning date-ending date-modification date ◦ Related aids, services accommodations  BEC Implementation of Chapter 15 ◦ Identifies the duties of the LEA ◦ Sample forms

 Both the LEA and the parents must sign off on the agreement plan  Reevaluations may be conducted “consistent with the Education for the Handicapped Act …” as a way of meeting this requirement.

 Parent’s consent is required for the initial evaluation but not for the reevaluation.  Section 504 does not require that the evaluation be conducted by a team but by a group of persons knowledgeable about the child, evaluation data, and placement options.  Section 504 gives no statement regarding a group meeting to determine disability or placement however does require that a group of persons make the placement decisions.

 34 CFR (b)(4) A parent may revoke consent in writing for his or her child’s receipt of special education services after the parents’ child was initially provided special education and related services…..”  A student is not entitled to a Section 504/Chapter 15 service agreement for services, accommodations or modifications if parents revoke consent for special education programs and services.

 Either party can use procedural safeguards to resolve dispute ◦ File a written request for assistance ◦ Department will investigate and respond with in 60 calendar days ◦ Informal conference within 10 school days ◦ Formal due process hearing

 Under Section Districts are not required to fund independent evaluations OCR indicated…Districts should consider independent evaluations provided by parents when interpreting evaluation data. “The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary * committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized.” *Group of persons…..

34 504/ADA/15IDEA/14 ESY Procedural SafeguardsProcedural Safeguards Notice Judicial interventionAdministrative process 1st Standards/ProceduresTimelines AccommodationsModifications Three prongsTwo prongs Major life activities13 categories Standards/proceduresIDEA/Chapter 14 process

35 504/ADA/15IDEA/14 NOGoals Related AidsRelated services Supplementary aids and services Reg Ed certificateSp Ed certificate NOTransition NOIEE Physical/mentalSp Ed + SDI NOShort term objectives

 Issues with service dogs  Increased role of the school nurse  Increased needs for training, communications and policies  Rethinking eligibility i.e. mitigating measures  Pennsylvania Guidelines for Management of Food Allergies

 A dog trained to do work or perform tasks for the benefit of an individual with a disability. Only can ask two questions  What is the specific task that the dog will do?  Is the dog necessary?

 Invite them to be a member of the group that determines disability and service agreement  Make sure there are procedures on administering medications  Be careful in the delegation of duties

 Complicated plans lead to comprehensive communications  Stakeholders should be ◦ Aware of procedures ◦ Trained as necessary ◦ Familiar with the service agreement

Review the information from ADA Amendments Act of 2008 Understand your child find requirements Make sure parents are aware of their rights

 District-Initiated Evaluation As a ADA Protected Disabled Student  Annual Notice to Parents  Procedural Safeguards  Service Agreement

Jean B. Inskip