SECTION 504 A TUTORIAL

YOUR HOSTS Dr. Rod LuceroColorado State University Ms. Darcie VotipkaPoudre School District

Section 504… “No qualified individual with disabilities, shall, solely by reason of his/her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

A QUICK COMPARISON SECTION 504 Civil Rights Legislation Professional Liability Personal Liability Discipline as a Manifestation Parental Consent for Evaluation General Education Population IDEIA (FORMERLY IDEA) Educational Legislation Professional Liability Discipline as a Manifestation Parental Involvement for Placement, Services, and “Refusal of Services”.

ITS ALL ABOUT ACCESS TO AN EDUCATION (F.A.P.E.)

ELIGIBILITY Student has a mental or physical impairment, which substantially limits one or more of such person’s major life activities Student has a prior record of a diagnosed impairment Student is regarded as having a diagnosable impairment. Diagnosis provided by a licensed/certified clinician OR “Staffed-Out” of Special Education

MAJOR LIFE ACTIVITIES Caring for oneself Performing Manual Tasks Walking Seeing Hearing Speaking Breathing Learning Working

PROCEDURAL CONSIDERATIONS Referral can be made by anyone Once the referral is made, a team of professionals, who have knowledge of the referred student is convened. This team will determine eligibility Parents will be invited to be on the team, but are not required to attend If a 504 Plan is warranted, the counselor will formalize the teams recommendations, get the appropriate signatures, and give the final document to the building 504 Coordinator for final signature and distribution. Parents will receive a copy of the 504 plan and a copy of the “Parents Rights” Faculty/Staff will be notified on a NEED TO KNOW, basis, every semester. (Notification must be done within a reasonable time after the onset of the semester…we recommend two weeks?)

WRITING THE 504 PLAN Must include the results of any evaluations done An explanation of the disability, Identification of the Major Life Activity limited by the disability The Educational impact Necessary and reasonable accommodations (What is “reasonable” Placement in the Least Restrictive Environment (LRE) Plan must be periodically reviewed (Our recommendation…annually)

CAUTIONS 504 Plans are highly confidential…violating their confidential nature constitutes a violation of a student’s civil rights (an OCR complaint) The 504 Coordinator for the building should be the only one with a “listing” of all 504 Plans Do not publicly address a student with a 504 Plan regarding the plan. Any conversations around a student’s 504 Plan should be done in private with discretion All decisions related to the 504 Plan must be made by the Interdisciplinary committee. Unilateral decisions are a violation.