504 Training THE 1973 REHABILITATION ACT Americans with Disabilities Act Amendments Act of 2008 Implementing Section 504 as Amended by the ADAAA08 Materials for this presentation are being used/reprinted with permission of: James F. McKethan, LLC, Microscribe Publishing,

Materials for this presentation are being used/reprinted with permission of: James F. McKethan, LLC Microscribe Publishing

Equal Opportunity… Nothing is more unequal than the equal treatment of unequal people… Lau V Nichols © Copyright 2009 James F. McKethan, LLC

Section 504 Protection Against Discrimination No otherwise qualified individual with a disability…Shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. 29 USC § 794 Discrimination is the exclusion from participation in, the denial of benefits of, any program or activity receiving or benefiting from federal financial assistance. Students may not be denied participation in or be denied benefit from services that are afforded nondisabled students. 34 CFR §104.4 © Copyright 2009 James F. McKethan, LLC

Equal Education Opportunities An appropriate education is a program designed to meet the individual educational needs of individuals with disabilities as adequately as the needs of nondisabled students are met. 34 CFR §104.33(b)(1)(i) © Copyright 2009 James F. McKethan, LLC Free Appropriate Public Education

ADA Amendments Act of 2008 Envisions a broad umbrella of coverage Lowers bar for showing that an impairment substantially limits Makes clear that eligibility for impairments that are episodic or are in remission is based on a substantial limitation when active Expands list of major life activities Prohibits consideration of mitigating measures – instead consider what student would be like without the mitigating measure (medication, injections, etc.) © Copyright 2009 James F. McKethan, LLC Effective January 1, 2009

504 Qualifying Criteria mental or physical impairment which substantially limits one or more major life activities. All three criteria must be present for a student to be eligible for a 504

Section 504 is NOT: Section 504 eligibility is not a consolation prize for students who do not qualify for special education Section 504 eligibility is not based solely on a physicians or therapists recommendation

Major Life Activities Major life activities means functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working The ADAAA08 added: reading, concentrating, thinking, sleeping, eating, lifting, bending, communicating and the operation of a major bodily function such as the immune system, normal cell growth, digestive, bowel, bladder functions When is a function or activity a major life activity? 34 CFR §104.3(j)(2)(II) amended by the ADAAA of 2008 © Copyright 2009 James F. McKethan, LLC

Determine Section 504 Eligibility CFR (j)(2) Evaluation Information Mental or Physical Impairment MLA performance restricted when compared to performance of a nondisabled student Eligibility Decision © Copyright 2009 James F. McKethan, LLC

When to Consider a Referral A parent makes a request for an evaluation or for a 504 plan. Suspension or expulsion is being considered. Academic performance is lower than expected. A student is evaluated and is not IDEA eligible. Student exhibits an on-going medical problem. Students enroll with a 504 plan from another district. An impairment of any kind is suspected. A student is chronically absent due to medical/health issues. A student receives medication on school grounds. A student formerly found not eligible due to mitigating measures. The events listed are occasions when the existence of a disability should be considered and do not imply that the student is 504 eligible. © Copyright 2009 James F. McKethan, LLC Adapted from: Student Access, A Resource Guide for Educators, CASE Documents B & C

Assemble The 504 Team Ensure that the 504 decision is made by a group of people who are knowledgeable: 1.about the child –teachers and parents are critical to the process (school nurses for physical or mental health issues), 2. about the meaning of the evaluation data, and 3. of available resources 34 CFR §104.35(c)(3) © Copyright 2009 James F. McKethan, LLC

Evaluation Evaluation must be Validated for intended use. Administered in conformance with instructions provided by their producer. Tailored to assess specific areas of educational need. Accurately reflect the students aptitude or achievement level, etc., rather than sensory deficits, e.g., impaired sensory, manual, or speaking skills… Examples Scholastic record Report cards Work samples State assessment results Psychological evaluation Norm referenced educational assessments Curriculum-based assessment Structured academic & behavioral interventions Social and health history Information provided by parent Teacher anecdotal notes, impressions and charting data 34 CFR § (b) © Copyright 2009 James F. McKethan, LLC

Criteria for Appropriate Accommodations/Services Designed to address specific major life activities/major bodily functions in which a substantial limitation is documented. Designed to meet individual educational needs of handicapped persons as adequately as the needs of nondisabled students. 34 CFR (b)(1) © Copyright 2009 James F. McKethan, LLC

Considerations for Accommodations/Services Teacher input and participation is critical in determining appropriate and reasonable accommodations Does the student require more time for homework and in-school assignments? Are modified assignments necessary? Subject matter, types of assignments, testing, etc.? Are there instructional and social behaviors that need to be addressed? Does the student have substantial difficulty organizing, planning and completing assignments? Is the student chronically absent? For what reasons? Is there a steady increase in disciplinary incidents? Does the student require specialized health management? If so, what intervention and at what frequency? © Copyright 2009 James F. McKethan, LLC Possible Accommodations List

Guidelines for Accommodations Ensure the service, accommodation or adjustment is supported by evaluation data. Write clear and specific accommodations: Leaving no room for interpretation, avoid open-ended accommodations, and avoid giving teachers discretion to implement. Accommodations for state assessment must be used regularly in the instructional program Ensure teachers understand the accommodations: Clarify terminology, e.g., preferential seating, extended time, etc., provide training, if necessary, and develop a protocol to ensure teachers understand and provide the accommodations 34 CFR (b)(1) © Copyright 2009 James F. McKethan, LLC

Best Practice Review Annually and if the students situation changes (condition gets better or worse, transition, etc.) Re-Evaluate every three years Consider dismissal if student is no longer substantially limited or if services move to an IEP.

504 Hazards & Catch 22s Act promptly on parental requests for evaluations. Staff not knowledgeable of the students impairment. Accommodation Plans not implemented (refusal, no knowledge of plan, etc.) Over-identification –Conversations about 504 plans before eligibility –Increase pressure due to accountability –Demands from parents –The discipline dilemma –Physician/Therapists recommendation –Creating a rights entitlement Failure to identify children –The discipline dilemma –Deprivation of services/rights Providing 504 plans in lieu of IEPs Not following procedures Organize 504 team meetings with an agenda. © Copyright 2009 James F. McKethan, LLC

Student and Parent Rights The district has Procedural Safeguards and a Grievance Procedure in place to ensure the rights of students and parents tServices/504Information/index.html

Questions, Comments, Witty Remarks