SECTION 504 Evaluation and other New Trends

Student Evaluation  Some students will not require extensive data; however, for some students the Team may need to draw from a variety of sources:  Health records  Test Scores and assessments  Parent and teacher reports/observations  Disciplinary records  Medical history  Doctor Recommendations  Etc.

To Evaluate or Not  Many physical impairments and some clinically diagnosed impairments are self evident and may not require much data.  Doctor notes may be sufficient.  Based on the impairment, developing reasonable accommodations may be simple  For instance, a student in a wheel chair for six months is clearly disabled and typically, easy to accommodate.  Some impairments are not as clear and whether the impairment is a disability can be even foggier!  Remember: Impairment does not automatically equate to disability  For Example: ADD/ADHD = Impairment ≠ Disability ADD = Impairment + Substantial Limitation = Disability

What and How do we Evaluate?  Diagnose Impairment  Take the Doctor’s word for it!  Make a medical determination.  Look at child only in one class or setting  Determine if impairment substantially limits MLA  Consider doctor's note/recommendation  Determine whether Disability requires accommodation  Review the “whole” child and receive as much data as needed NOYES

Student Evaluation  Doctor Recommendations  Do not rely simply on a note or letter from a doctor.  If necessary, seek other information or further clarification from doctor  ALWAYS, ALWAYS CONSIDER THE DOCTOR’S NOTE Document, Document, Document

What does Disability mean for the student?  The basis of 504 is anti-discrimination – so this applies to all students with disabilities.  Based on OCR regulations, entitled student to FAPE.  Usually required, but not always necessary.  Many students may have a disability but do not need an accommodation or service in order to freely access the curriculum or program.  Further not all students need testing accommodations  BUT REMEMBER: Medication and mitigating devices cannot be considered in eligibility consideration. Discrimination ProhibitedAccommodation

Accommodation, Not!  Examples:  Hearing impaired student has hearing aid that allows him top hear as well as other students.  What happens when students forgets hearing aid?  Does this student need testing accommodations?  What should be put on the 504 plan?  Is a plan even needed?  Same example can be used for medication.  Medication and mitigating factors may be considered when determining accommodations.

To Accommodate or Not to Accommodate?  Student has cancer; is undergoing chemotherapy; is very tired for two days following treatment.  Same student; chemotherapy successful; physical education restrictions; appears to be able to complete work otherwise.  Student with depression; drop in grades; can finish work in time, its just poor work.

Possible Accommodations  Permission to go to school nurse  Medication administration at school  Use of elevator at school  Adaptive physical education  OT, PT, Speech Therapy, Counseling (think IDEA related services)  Two sets of books – one at home and one at school  Taped textbooks or computer with text to speech software or Braille textbooks

Possible Accommodations Cont’d.  Daily communication book  Health care plan  Required completion of fewer assignments  Use of technology to provide instruction while child is at home or in hospital  Instruction in the home for greater amount of time than generally provided  504 does not necessitate testing accommodations.

Does this really apply to 504? Bullying & Harassment

Yes, it does.

Bullying and Harassment  Section 504 as well as the ADA prohibits discrimination based on a disability.  Harassment/Bullying can = discrimination  If a school system learns of harassment or bullying by students or staff, then school is required to act!  We act by investigating, determining what happened, and distributing appropriate consequences based on those findings!

(E.g.)  Harassment = unwanted or unwelcome behavior that is so pervasive or persistent that it prevents another from enjoying the benefits of being in school.  Teacher overhears John call Steve, who is disabled, a ‘retard’. Teacher corrects John but continues to hear this on a daily basis and does nothing further.  Disabled student reports being picked on repeatedly to assistant principal. AP does nothing and then student is severely injured when the next prank goes too far.