Heather Wolf, System Coordinator August 22, 2013

Purpose of the meeting: For all building level coordinators to understand the law and embedded terminology, eligibility requirements, processes for writing 504 plans, and roles and responsibilities. Agenda: What is section 504? Important terms IDEA vs. ADA Section 504 Eligibility Individual Accommodation Plans

Section 504 is a federal civil rights law designed to eliminate disability discrimination in programs and activities that receive federal funding. What does it say? No otherwise qualified disabled individual shall solely by reason of disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination of any program or activity receiving federal financial assistance.

Disability: any physical or mental impairment that “substantially limits one or more major life activities”. The Rehabilitation Act does not list specific illnesses due to the difficulty of creating an all-inclusive list of impairments. However, some impairments that qualify for disability under Section 504 include: Physiological disorders such as hearing impairments, vision impairments, and impairments of motor functions Neurological disorders such as multiple sclerosis or muscular dystrophy Psychological disorders, for example learning disabilities or mental illness Further, the individual claiming disability must have a record of their specific impairment, or they must be regarded as having the stated impairment.

Equal access : An equal opportunity for a qualified person with a disability to participate in or benefit from education aids, benefits or services. Educational placement : A program and/or service setting with students who are not disabled, to the maximum extent appropriate to the needs of the student. Major life activity : Functions necessary to care for oneself, perform tasks and engage in the following activities (this list is not exhaustive)- Learning Hearing Seeing Sleeping Breathing Walking Standing Lifting Thinking Concentrating Communicating Reading Caring for oneself

Substantial limits- The inability to perform a major life activity that the average person in the general population can perform; or substantial limitations as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration which the average person in the general population can perform that same major life activity. Decisions should be made on a case by case basis! Section 504 Committee : A group of persons knowledgeable about the student, about the meaning of the evaluation data, the placement options, the legal requirements to place a disabled student in the least restrictive environment and the obligation to provide comparable facilities to disabled students. The committee can include: Teachers Parents School nurse Guidance counselor Administrator

What is the difference and how do we know which way to go?

IDEA is: Federal statute Provides individual with supplemental educational services Disability adversely affects educational performance Requires specialized instruction IEP ensures “meaningful benefit” through services Funding is dedicated to eligible students Evaluation requires specific assessment tools and criteria 504 is: Civil rights law Requires schools to eliminate barriers for equal access Disability substantially limits a major life activity IAP ensures “meaningful access” through accommodations Does not provide additional funds Evaluation allows broad range of documentation and is determined by a group knowledgeable about student and programs

Eligibility should be determined on a case by case basis. Referral can come from parent, teacher, Child Find coordinator and sometimes physicians Consider the following: Medical diagnosis Aptitude and achievement tests Teacher input and recommendations Physical condition Social and cultural background Adaptive behavior Duration of the disability(should be chronic and long term) Mitigating Measures: Medication Medical supplies/equipment Low-vision devices (not glasses or contacts) Hearing aids or cochlear implants Assistive technology Mobility devices Oxygen therapy equipment

Remember, these are written on a case by case basis. Consider the individual student, not previous students who had similar disabilities. Ask yourself what is necessary for this student to succeed? What can we plan so that the student will be able to access the content/activities as well as non-disabled peers? Individual Accommodation Plan Testing Accommodation Classroom Accommodations

Modified assignments/grading Correction opportunities Brain breaks/pacing Visuals/graphic organizers Preferential seating Instructions in multiple modalities Peer tutoring/grouping Behavioral planning Chunking Testing Accommodations Extended time Multiple sessions Read Aloud(not in ELA) Prompting Note: testing accommodations usually mimic changes in IDEA recommended accommodations

Steps toward a successful creation of a 504 Plan

Classroom: Modified instruction/assignments and grading Correction opportunities Outlines/study guides Visual and auditory aides Preferential seating Peer tutoring Behavioral planning Repeated instructions Oral testing Avoid time constraints Testing: Extended time Read aloud instructions Read aloud internal items(not language arts or reading) Prompting upon request Student reads into audio device for immediate playback Assistive technology Unique adaptive Accommodations Have parent sign receipt of rights Make sure all involved staff members have a copy of the plan Send all copies to Heather Wolf 504 District Coordinator If eligibigle, write Individual Accommodation Plan and determine classroom and test accommodations Does evidence identify a mental or physical impairment which substantially limits one or more major life activities? Is student unable to perform a major life activity that the average person can perform? Is the student significantly restricted as to the condition, manner or duration under which he/she can perform the major life activity as compared to the average person in the general population? Is the impairment long term? Consider medical diagnosis, aptitude, achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. Committee (parent, teacher, designee, and other personnel) meet to determine eligibility. Referral form given to teacher. Written notice of 504 rights given to parent Consent for Assessment given to parents Release of Information given to parent(if necessary) Letter to physician and questionnaire regarding medical concerns (if necessary) Designee schedules meeting Designee requests information and schedules meeting Concern may come from parent, teacher, administrator, or health care professional. Notify 504 designee Concern regarding 504 eligibility

Gather information from teachers, families and practitioners Collaborate with team to determine eligibility Schedule initial and yearly meetings Communicate student needs to teachers/staff Report any newly eligible students to Heather Wolf Send copies of eligibilty forms and IAP to Heather Wolf Maintain files Communicate to building testing coordinator testing accommodations

Eligibility is good for three years. Annual review meetings allow you to revisit student needs, celebrate success and plan new accommodations. Steps: Schedule annual reviews for students with current 504 plans each school year. Send notice of annual review to parents prior to the meeting informing them of members, date, and time. Provide a copy of rights (procedural safeguards) during the meeting and allow ample parental input.

Three key points that helped me today… An idea that is still rolling around in my mind…please follow up with me I’ve got ____________all squared away. Reflections: