San Diego County Office of Education Revised 2/05 Section 504 “Don’t shoot me…. I’m just the piano player!” -Elton John “We’re all in this together.” -Eric Haldeman (Nixon Advisor) “I’m just the messenger.” -All of us, at one time or another

San Diego County Office of Education Revised 2/05 Section 504  Est. As Part of the Rehabilitation Act of 1973 “No otherwise qualified individual with handicaps in the United States shall solely by reason of his/her handicap, as defined in Section 706(8) of this title, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.” (29 U.S.C. Sec. 794)

San Diego County Office of Education Revised 2/05 Who Is a 504 Person/Student?  504 Regulation 34 CFT 104.3(j-l) defines: “a person 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 such impairment.”

San Diego County Office of Education Revised 2/05 What does “SUBSTANTIALLY LIMITS” mean???

San Diego County Office of Education Revised 2/05 Substantially limits means considerable or to a large degree The Supreme Court has recently clarified the identified major life activity must be of central importance to daily life. (Toyota Motor Co. v. Williams, 534 U.S. 184, )

San Diego County Office of Education Revised 2/05 Substantially Limited? *A student is not “substantially limited” simply because the student is not reaching his or her potential

San Diego County Office of Education Revised 2/05 Section 504 Disability Defined  Self-care  Manual tasks  Walking  Seeing  Hearing  Speaking  Breathing  Sitting  Standing  Reaching  Thinking  Concentrating  Interacting with others  Learning  Working Major Life Activities** Major life activities include: ** (34 Code of Fed Reg. Part 104.3)

San Diego County Office of Education Revised 2/05 Levels of Service  General Education  Section 504  I.D.E.A.

San Diego County Office of Education Revised 2/05 IDEA/504 Students Students are qualified under one or more of thirteen (14) IDEA disabling conditions. Specially designed individual education programs are planned for each student by IEP teams. Section 504 Students Only Due to substantial mental or physical impairments that limit one or more of the student’s major life activities, special accommodations to the student’s program are required. A 504 accommodation plan is designed for each student according to individual need. Examples of potential 504 disabling conditions not typically covered under IDEA are:  communicable diseases – HIV, tuberculosis  medical conditions – asthma, allergies, diabetes, heart disease  temporary medical conditions due to illness or accident  Attention Deficit Disorder (ADD, ADHD)  recovering alcoholics and addicts  other conditions Student Population Regular education only students 504 only students IDEA & 504 students

San Diego County Office of Education Revised 2/05 Historically in this area…. Who gets a 504? GENERALLY, the students with:  Temporary disabilities (substantial & extended)  Permanent disabilities

San Diego County Office of Education Revised 2/05 DOES EVERYONE GET A 504 PLAN WHO ASKS FOR ONE? NO!!!!! IS THERE AN ACTUAL OR PERCEIVED DISABILITY AND… IS A MAJOR LIFE FUNCTION LIMITED SUBSTANTIALLY?

San Diego County Office of Education Revised 2/05 What Does This Mean to Schools? must We must provide an appropriate education such that:  Educational services are designed to meet the individual needs of children with disabilities as adequately as the needs of non-disabled persons are met (accommodations).  Each child with a disability is educated with non-disabled children to the maximum extent appropriate to the needs of the child with a disability.  Procedural safeguards for student and parents rights are in place.

San Diego County Office of Education Revised 2/05 A Guiding Quotation “Some kids need special education… Others need something special in their education.” Education Week, June, 1998