Understanding the Section 504 Process Logan County Schools Special Education Department

What is Section 504? Refers to the Section 504 of the Rehabilitation Act of 1973 Section 504 is a civil rights statute Federal law to protect individual’s with disabilities in programs and activities Services regular education students who may be subject to discrimination because of a disability Goal is to educate the student to the maximum extent appropriate for the student NOT Special Education * 2014. Office of Special Programs West Virginia Department of Education

Disability Defined Under Section 504 Defined broadly A disability is defined, under Section 504, as a student with a physical or mental impairment that substantially limits one or more major life activities (i.e., walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, eating, sleeping, etc.) Disabilities can include any physiological disorder or a mental or psychological disorder

The 504 Coordinator All schools have a building 504 coordinator Handles referrals Schedules and facilitates 504 meetings Assists with developing Section 504 plans Monitor’s 504’s within the school Knowledgeable about the requirements of Section 504 (reviews, re-evaluation, implementation, etc.) Maintains 504 files within the school

County 504 Coordinator Each county has at least one County Coordinator Knowledgeable about Section 504 requirements and procedures Oversees all building 504 coordinators in the county Ensures 504 requirements and procedures are followed within the county Provide training as needed Maintain copies of all Section 504 plans Handles complaints and due process hearings

The 504 Team A group of people knowledgeable about the student Individual’s knowledgeable about the student’s disability Individual’s knowledgeable about how the disability effects the student’s learning or how the disability may restrict participation in school activities Should include: Building 504 Coordinator, teacher(s), other staff involved who may be involved with direct services, parent(s)/guardian(s), and other individual’s knowledgeable about the student’s disability

The 504 Process Referral Evaluation Eligibility Placement Implementation

The Referral Process Initial referral is directed to the SAT to determine if student’s needs would be better met through SAT or if a 504 evaluation is appropriate If the SAT determines that a 504 evaluation is needed, a referral to the 504 coordinator is made. The 504 coordinator will schedule a referral meeting to discuss the reason for referral, what evaluation data is needed, and to obtain permission from the parent/guardian to conduct an evaluation

When should you refer? When a parent/guardian makes a referral AND there is a reason to suspect a disability (this is determined in SAT) No disability = No 504 evaluation If the student is struggling, but there is no disability, regular interventions or a SAT referral is appropriate The student has a disability, but was not eligible for special education services

Section 504 Evaluation A Section 504 evaluation includes information from a “variety” of sources. Including, but not limited to: teacher recommendations/report, classroom observations, review of medical records/medical reports, psychological or psychiatric reports or evaluations, adaptive behavior, the student’s physical or mental condition, work samples, parent information, etc. A Section 504 evaluation is NOT the same as a Special Education Evaluation The terms evaluation and assessment are not synonymous under Section 504

Evaluation Timeline Must be completed in a reasonable amount of time (30-60 days) An evaluation must be completed prior to initial placement or provision of services

Eligibility To meet eligibility criteria under Section 504, a student must meet both criteria: Have a mental or physical impairment ; That substantially limits one or more major life activities If student meets both criteria, then they are eligible to receive accommodations through a 504 plan. The parent(s)/guardian(s) must sign consent prior to placement and implementation

Substantial Limitation? The team needs to consider the nature of the disability The duration of the disability Is it expected to be long-term? Impairments that last only for a short period of time are typically not covered. However, if the impairment is severe, it could be covered. Episodic conditions (i.e. cancer, MS, epilepsy, etc.) are considered disabilities if the impairment substantially limits a major life activity. A school must not consider the improvement of a disability caused by mitigating measures (i.e. medication, mobility devices, prosthetics, hearing aids, assistive technology) when determining if a student has a physical or mental impairment. The school must consider the student’s limitation without such mitigating measures.

Developing the Section 504 Plan Once the 504 team determines eligibility, accommodations will be selected based on the following: The student’s educational needs Physical limitations Testing accommodations Behavioral accommodations The Section 504 Assistant provides hundreds of accommodations appropriate to the type of disability

The Section 504 Plan All team members must sign the newly developed plan Copies are to be provided to the parent/guardian, the teacher, and any staff members responsible for implementing the plan. A copy must be sent to the Special Education Office along with consent and notice of parent rights.

Failure to provide a student with accommodations A staff member can be held personally liable for failure to provide accommodations as outlined in a student’s 504 plan. Considered a civil rights violation Failure to comply with a student’s 504 plan can result in civil claim through the Office of Civil Rights and/or the Department of Education Parents have the right to due process, impartial hearing, and a review procedure in federal court.

Notice of Parental Rights The Notice of Parental Rights must be provided at the time permission to conduct an evaluation is obtained. The Notice of Parental Rights must be reviewed annually Describes the parent/guardians rights as the student moves through the referral, evaluation, and placement process as well as their right to review records and to make formal complaints.

Implementation Accommodations in the student’s 504 plan must be implemented exactly as described in the plan. Failure to comply with the student’s Section 504 plan, can result in personal liability. Failure to comply with the 504 plan is a direct civil rights violation Failure to comply with a student’s 504 plan can result in civil claim through the Office of Civil Rights and/or the Department of Education

Reviews and Re-evaluations All 504 plans must be reviewed annually A re-evaluation must be conducted at least once every three years to evaluate the disability and the need for continued implementation of the plan. A re-evaluation must also occur before a significant change in placement or prior to the denial of a parent’s request for a change in placement.

Do you have to have a medical diagnosis to be eligible for a Section 504 Plan? A physician’s statement or diagnosis can be used as part of the evaluation data in determining if the student has a disability Eligibility is based on the presence of a disability, or suspected disability, whether mental or physical, that substantially limits a major life activity. Just because a student has a diagnosis doesn’t mean the disability substantially limits a major life activity.

IDEA vs. 504 Component IDEA Section 504 What is it? A federal funding law & regulation A federal civil rights law and regulation What is it’s purpose? To provide federal funds to SEA’s and counties To eliminate disability discrimination Disability definition A child aged 3-21 with 1 or more of 13 specific disabilities and who needs special education due to a disability A school aged child with a physical or mental impairment that substantially limits a major life activity who needs special accommodations or related aids due to disability. FAPE Defines FAPE as special education & related services. Can receive services under IDEA only if they need them to benefit from special education Defines FAPE as regular and special education and related aids. Students can receive related aids even if they are not provided any special education

Component IDEA Section 504 Referral Any person can make a referral (e.g., parents, guardians, school staff, etc.) Same as IDEA Referral process Requires a county to decide whether to evaluate and to notify student’s parent/guardian’s of it’s decision. A county should evaluate a referred student if it knows or suspects that the student is a “student with a disability” Evaluation procedures Requires tests and other evaluation materials be validated for the specific purpose they are used, be administered by trained personnel, and tailored to assess specific areas of need. A section 504 evaluation can be broad or narrow. Scope of evaluation components are at the discretion of the county. Does not require educational testing. Re-evaluations Every three years Section 504 team must meet annually to review the plan. Re-evaluations occur at least every three years and before any significant change in placement including initiating or discontinuing a service, modifying a service, or removing from school due to disciplinary actions.

Component IDEA 504 Placement Procedures Draw upon information from a variety of sources, assure all information is documented and considered, eligibility decision is made by individuals knowledgeable about the child, and ensure that the student is educated with his/her non-disabled peers in the LRE Same as IDEA Consent Parent/guardian must provide consent for initial evaluation and initial placement. Parent/guardian consent required for initial evaluation and placement Parent Rights Requires prior written notice and specific content to be included in the notice Must provide oral or written notice Grievance Procedure Each SEA must have a special education grievance procedure. County must provide an impartial due process hearing procedure for parents who disagree with the identification, evaluation, or placement of their child. Requires each SEA’s to conduct hearings through state office of hearings. SEA’s monitors compliance through complaint investigations and compliance reviews Each county must have an internal Section 504 grievance procedure for parents and guardians, students and employees. A county must provide an impartial due process hearing procedure for parents who disagree with identification, evaluation, and placement. It allows either SEA’s or counties to conduct hearings. Section 504 is enforced by the U.S. Department of Education, Office of Civil Rights (OCR). OCR monitors compliance through complaint investigations.

Resources The 504 Process: How we meet the requirements in Pleasants County Schools. October 2016. http://www.pleasantscountyschools.com/Section504FormsandProcedures.asp x Section 504: Guidance for West Virginia Schools and Districts. West Virginia Department of Education Office of Special Programs. March 2015. https://wvde.state.wv.us/osp/section504_brochure2016.pdf West Virginia Department of Education: The IEP & Section 504-Guidance for West Virginia Schools and Districts. Office of Special Programs. December 2014. https://wvde.state.wv.us/osp/iep_504resource-12-4-14.pdf