Section 504 – The Law Federal civil rights law that prohibits disability discrimination Section 504 of the Rehabilitation Act of 1973 ADA – Americans with Disabilities Act of 1990 Because school districts receive any federal funds, Section 504 applies Three parts of Section 504 – student accommodation, public accommodation (community access) and employment practices

Eligibility under Section 504 A person may be considered disabled under the definition of Section 504 if the individual has a mental or physical impairment which substantially limits one or more of a person’s major life activities: Caring for one’s selfPerforming manual tasks WalkingSeeing BreathingHearing SpeakingWorking Learning

Other conditions covered Attention-deficit/hyperactivity Allergic reactions Cancer Depression Diabetes Posttraumatic stress syndrome Social maladjustment

Other considerations When a student continues to display behavior problems When a student has a major health problem

ADA/Section 504 – IDEA Comparison IssueADA/Section 504IDEA TypeCivil Rights LawEducation Act ResponsibilityGeneral EducationSpecial Education AdministratorSection 504 CoordinatorSpecial Education Director Service ToolAccommodation PlanIEP – Individual Education Plan Eligibility Impairment that substantially limits a major life activity Qualifying conditions requiring special education services Discipline Significant change in placement- re-evaluation to determine if behavior caused by disability Significant change in placement- manifestation determination to determine if behavior caused by disability

Individualized Health Care Plan (Treatment) 504IEP Definition: Plan covering any health related issue identified by a health care provider (must include written documentation) *May include educational accommodations Definition: Plan covering educational accommodations (learning environment) identified by a building problem-solve team – must include District document. (may include document from health-care provider outside agency provider) Definition: Plan providing specialized instruction directly related to an identified disability Civil actionCompensatory requirements Discipline requirements Due process Compensatory requirements Discipline requirements Who develops: District Nurses in collaboration with Health Care provider, parents and building staff Who Implements: Building staff identified thru plan (case by case basis) Problem-solving team Building regular ed staff Sped/IEP Team Sped Staff

Where do 504s fit? It is the Problem Solving Process RtI 1. A concern has been identified 2. Data collection (work samples, grades, test scores etc..) 3. Problem Solving Meeting to analyze findings 4. Implements plan and accommodations 5. Review outcomes of the interventions

Accommodation vs. Intervention Interventions are focused on specific deficits. It requires either the teaching of a researched strategy or a skill that is focused on increasing the student’s proficiency. It is specialized, explicit instruction Accommodations are practices and procedures around presentation, setting timing/scheduling that provide access to the core curriculum during instruction and assessments. It is a change in environment

504 vs. Special Education 504 is access to the learning environment Special Education is direct, specialized instruction

SVVSD Statistics Total number of students with a 504 Plan: 189 Elementary – ADHD 1-ADD 2 – Visually impaired 2 – Autism Others consist of: hearing impaired, dyslexia, migraines, Ehlers, O.T., epilepsy, bipolar, severe allergy, and retention of information. Middle School – ADHD 6 – ADD 4 – Dyslexia 3 - Anxiety 2 – Diabetes Others consist of: cerebral palsy, hyperopic, anxiety, OCD, depression, bipolar, processing speed, visual processing deficiency, PDD, and traumatic brain injury. High School – ADHD 19 – ADD 15 – Processing speed 9 - Dyslexia 3 – Bipolar Others consist of: cerebral palsy, spinal cord injury, malformation, migraines, chronic fatigue, arthritis, brain trauma, ocular motor, LD/cognitive disorder, tourettes, epilepsy

Eligibility Process Referral Evaluation and Data Collection Problem Solving Team Meeting (Eligibility) Program Planning and accommodations Review Annually

Exit Process Complete the exit date in Alpine in the Referral section when students no longer qualify Put a hard copy in the cum folder when students leave the district

Timeline Enter students into Alpine based on Annual Review Date Plans that were reviewed in Aug/Sep. 2010, must be added to Alpine by October 31. If review date is October, complete plan in Alpine in October

Timeline September-October Review all 504 plans in August/September. Make necessary changes and enter all plans into Alpine. October Count All 504 plans in SVVSD are on Alpine

504 Plans in Alpine Achievement Fall 2010

Getting Started

Referral

Eligibility

Meeting Notice

Create the 504 Plan

Review the 504 Plan

Parent Communication

Tool bar for a completed plan

504 Trivia Are students who are covered under IDEA always eligible for Section 504 protections? Are students who are covered under Section 504 always eligible for IDEA services?

Does a physician’s diagnosis of ADD/ADHD automatically result in a student being eligible for Section 504? Are all schools required to have a 504 Coordinator?

504 Trivia What can parents do if they are dissatisfied with the way schools are serving students eligible for Section 504 protection? Do schools have to make all of their buildings accessible to students with disabilities?