Paula Walker, Ph.D. Executive Director of Special Education and District 504 Coordinator, Lewisville ISD Sarah Johnston, MA Director of Special Education and Co- cordinator for Section 504

Disability Awareness…

  Ask.com Disability awareness book protest

Section 504 of the Rehabilitation Act of 1973 is a civil rights statute which was developed to prohibit discrimination on the basis of disability and provide job opportunities and training to disabled adults. Passed in 1973, did not take effect until

 Section 504 is the LARGE Umbrella of Protections and Accommodations for Students with Disabilities.  Education for All Handicapped Act (EHA) was passed by Congress and signed into law in  Section 504 was a precursor to EHA and IDEA.

 ALL students who are disabled under the IDEA are also considered to be disabled under Section 504 and therefore are afforded the protections of Section 504.  All students who qualify as “disabled” under Section 504 may or may NOT qualify for special education as defined by IDEA.

 If a student qualifies under Section 504 and they need specially designed instruction, they should be referred to special education for eligibility consideration.  If a student tested for special education has a disability but has no need for specially designed instruction, they should be referred to the 504 committee to consider their need for accommodations and specialized supports.

 Non-discrimination  Equal Educational Opportunity  Accommodations to qualified students  Least Restrictive Environment  Free Appropriate Public Education 8

Principal Doright

Regulations passed by the DOE specifically tells schools how to implement §504 requirements. The Office of Civil Rights is the regulating agency. 10

 Title II of the Americans With Disabilities Act incorporates and expands upon Section 504. The ADA amendments of 2008 further defined who qualifies as disabled under Section 504.

Each district must develop Board Policies for Section 504 compliance and designate who the individual is a District 504 Coordinator. In addition, there must be operating guidelines for how Section 504 regulations will be implemented in the district. 12

 The Section 504 Manual has been revised and is located on the intranet. The manual is the operating guidelines for implementation of Section 504 requirements.  The Forms have also been revised with the BIP and the accommodations page separated out to be supplements. Revisions will be done for a new accommodations page that will list information regarding state mandated assessment. 13

Board Policy: Guidelines for Discipline for students with disabilities (504) Access to electronic course curriculum

 Must be between the ages of 3 and 22  Resident of the school district  Must be disabled 15

Disabled person means any person who: (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment 16

 The first prong of the definition of a “disabled” person focuses on current disabilities and triggers the school district’s obligation to provide a free appropriate public education (FAPE).  The second and third prong “regarded as having” or have a “record” of impairment give rise to anti-discrimination protection under Section

 Americans With Disabilities Act defines “substantially limits,” as when a person is “unable to perform a major life activity that the average person in the general population can perform.”  “substantially limits,” must be defined by the local school district for each individual. 18

 Major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (this list is not meant to be exhaustive) or,  Those basic activities that the average person in the general population can perform with little or no difficulty. 19

 Changes made in the ADA Amendments of 2008 became effective in January 2009 and have expanded Major Life activities to include eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. 20

 Additional changes require committees to consider whether or not a disability substantially limits a major life activity when mitigating measures are not utilized (excluding the use of eye glasses and contact lenses). 21

 Medication, medical supplies, equipment or appliances, low vision devices, prosthetics, hearing aids and cochlear implants, other implanted hearing devices/ mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications. 22

As a result, a student may be “substantially limited” even though he is doing pretty well with the assistance of aids, services, medication and/or learned behaviors that compensate for the disability. Therefore, the student would meet the definition of a disability but, would not have a need for an accommodation plan. The student would still have discrimination protections and entitled to the manifestation protections in discipline situations. 23

 Gather information from a variety of sources (parents, previous records, teachers, etc).  Document that you considered the information. 24

 Students whose disability could be attributed to environmental, cultural, or an economic disadvantage are not included.  Homosexuality, bisexuality, transvestitism, is not included.  Pedophilia, exhibitionism, voyeurism gender identity disorder, compulsive gambling, kleptomania, and pyromania may or may not be included. 25

 Districts must ensure that students placed in disability programs are not placed on the basis of criteria affected by their limited English proficiency. 26

 The district has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students.  Post the Child Find notice in the main office or in a location where it can be viewed by the parents. 28

504 Manual and 504 Forms

 After receipt of the referral, the 504 Coordinator should determine the need for a Section 504 Committee meeting.  The Committee should consists of at least three members. At least one administrator should attend and one of the student’s classroom teachers. Parents must also be invited to attend. 30

 Send the parent/guardian: Notice and Consent for Evaluation under Section 504.  Section 504 and Title II Notice of Rights Handbook: An Explanation of Procedural Safeguards 34CFR

 Receive from parent/guardian consent for evaluation. If the parent does not sign consent to the evaluation then the meeting cannot take place.  Notify parent in writing of the time and place of the meeting. (Notice of Section 504 Committee Meeting form ). 32

 Gather all existing information such as student’s grades, disciplinary referrals, health information, language surveys, parent information, standardized test scores, teacher comments, etc. (Evaluation Data form)  The district is required to “draw upon information from a variety of sources.” 33

 Conduct the 504 Committee Meeting  Make sure all information is carefully reviewed by the committee.  Document all information on the “504 Evaluation Meeting” form and complete the meeting notes. 34

If no eligibility is found, the parents are so informed in writing on the “Notice To Parents of Section 504 Committee Decision” form. 35

If a disability does exist and a plan is needed complete the “504 Accommodation Plan” form. 36

The 2008 Amendment to the ADA clarified that “transitory” and “minor” is an impairment with an actual or expected duration of 6 months or less. 37

 All accommodations should be necessary for the student to access the environment or the curriculum.  Never put “as needed” on an accommodation.  Receipt for accommodation plans has now been included in the forms packet. 38

LISD requires A Section 504 Committee Meeting To Be Conducted On An Annual Basis To Review All Existing Data and Current Accommodations 39

 Formal evaluation is not always needed to determine the existence of a disability. Eligibility may be determined by reviewing existing data.  A comprehensive reevaluation is required periodically/LISD requires every 3 years.  Parent consent is not required to implement a plan once the consent to evaluate is signed. 40

 Ambiguous direction from OCR as to what constitutes consent.  If parent refuses consent for 504 Meeting carefully document and refer back to RTI to implement necessary accommodations.  Consent NOT required at annual meetings. 41

 Notice of Child Find.  Prior Notice of Evaluations and Meetings.  Notice of Results/Actions taken at 504 Committee Meetings.  Opportunity To Examine Relevant Records.  Due Process Rights Investigation and Informal Mediation Impartial Hearing 42

 Schools can limit parent access to classes.  Schools can limit volunteers to those who follow the rules.  Schools can determine how parent participation and communication will occur.  Schools can establish a liaison or single point of contact.  Principal can request to be present at all parent meetings. 43

If A Child Qualifies Under IDEA and The Parent Rejects The IEP They “would essentially be rejecting what would be offered under 504. The parent could not compel the district to develop an IEP under Section 504 as that effectively happened when the school followed IDEA requirements.” 44

 Child may or may not be eligible under 504.  Child may or may not continue to be eligible under 504 after completion of MTA program. 45

 Referral to 504 committee.  Dyslexia assessment prior to meeting (send request for evaluation, parent information form, and parental rights to parent).  Convene 504 committee meeting to review results and recommendations (notify parents of time and place of meeting).  Document all deliberations. 46

The Literacy Interventionist is not the “gatekeeper” for assessment Decisions to evaluate for Dyslexia should be Made by the RTI committee or the 504 committee

Chronic Health Conditions: Diabetes, Asthma, Chronic Fatigue…

Food Allergies: Peanut Allergies, Milk Allergies, Gluten Intolerance…. SB 27 : Requires that school districts develop and implement a Food Allergy Management Plan Board Policy: Department of State Health Services Guidelines: 49

 A temporary disability could possibly constitute a physical impairment that substantially limits a major life activity such that section 504 services might be required.  Consider each situation on a case by case basis.  Consider the impact of the Temporary Disability on the student’s access to the education program or facility. 50

 Manifestation IS required for students who are identified as having a disability under Section 504 prior to a significant change in placement for disciplinary reasons for more than ten consecutive days or a series of suspensions and removals that creates a pattern of exclusions.  No educational services are required to be provided for a student who is suspended or expelled.

 Use of possession of illegal drugs or alcohol negates 504 protections and manifestation is not required.

 Changes to the ADA that outline requirements for services animals. They must be individually trained to do work or perform tasks for the benefit of an individual with a disability.  Can remove or exclude if the service animal is out of control and the handler does not take control of it; it is not housebroken, it is disruptive, it is a direct threat.

 The handler is responsible for controlling and taking care of the service animal. The school is not responsible for controlling or taking care of the service animal.

 Should a student who receives speech services have a 504 plan for Dyslexia services?  If a student with a 504 plan for accommodations for a peanut allergy begins exhibiting difficulty with behavior should the 504 committee develop a behavior plan as part of the 504 accommodations?

How to enter data into Skyward Dyslexia numbers into Skyward

 Employee request for Section 504 accommodations will be referred to the district 504 Coordinator-Dr. Linda Haynes 59

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