SECTION 504 An Overview

Section 504 Overview What is 504? Comparison to IDEA and ADA School District Responsibilities Parent Rights Definition of Disability “Otherwise Qualified” “Substantial Limitation” Student Evaluation Accommodation Plan

PURPOSE OF 504 Section 504 of the Rehabilitation Act of 1973 forbids discrimination against students with disabilities by schools that receive federal financial assistance.

A Brief Comparison of IDEA, Section 504 and ADA Purpose: Funding Education Who: Age 0-21 Qualify: 13 Specific Disabilities Funds: Yes Provider: Special Education Timeline: Immediate ’75 Criteria: Academic Due Process: Yes Compliance: State & Federal 504 ’73 ADA ’90 Civil Rights Extends CR Fed. Prog. Private Sector Child & Adult All Major Life Act. Major Life Act. No No General Ed. All Public Facilities New Construc. New Construc. 6/77 1/92 Modify/Undue Modify/Undue Burden Burden Yes No OCR OCR

School District Responsibilities Adopt a nondiscrimination policy, develop a grievance procedure and appoint a compliance officer. Provide notice of nondiscrimination in admission or access to programs or activities. Give a second notice to parents of students with disabilities outlining their rights.

School District Responsibilities Continued Annually notify students with disabilities and their parents of the school district’s responsibilities under Section 504, including: notice of their rights an opportunity to review relevant records an impartial hearing

School District Responsibilities Continued Identify and evaluate students with disabilities or suspected disabilities. Implement an appropriate education program for students with disabilities. Have a self-evaluation and transition plan on file.

Parent Rights Section 504 regulations describe the following rights for parents and students: Right to be informed by the district of specific due process rights. Right for the child to have access to equal academic and nonacademic school activities. Right for the child to have an appropriate education in the least restrictive setting, which includes accommodations, modifications, and related services. Right to notice regarding referral, evaluation, and placement. Right for the child to have a fair evaluation conducted by a knowledgeable person(s). Right to an administrative appeals process. Right to examine and obtain copies of all school records. Right to provide consent prior to their child being evaluated or placed in Section 504 services.

Section 504 Physical or mental impairment which substantially limits one or more of a persons major life activities. Walking Seeing Breathing Hearing Learning Speaking Working

A Student With a Disability Is One Who: Has a physical or mental impairment which substantially limits one or more major life activities; Has a record of such an impairment; Is regarded as having such an impairment.

Section 504 states that: No otherwise qualified individual with a disability…shall solely by reason of her or his 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.

“Otherwise Qualified” The student meets all of the criteria for participation in a given activity except for the disabling condition.

Potential Conditions Which May Qualify for Section 504 Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder Chronic Medical Condition Examples Cancer (leukemia) Hemophilia Heart Disease Blood Sugar Disorders (hypoglycemia or diabetes) Respiratory Conditions (asthma, severe allergies, environmental poisoning) Chronic Fatigue Syndrome Urinary Conditions Requiring Catheterization Epilepsy Tourette’s Syndrome Other

Qualifying Conditions Cont. Pregnancy Broken Limbs Illness Communicable Diseases AIDS Testing HIV+ Drug/Alcohol Addiction Physical Impairments Arthritis Cerebral Palsy Emotional Disorders Depression Post Traumatic Syndrome

The Following May Initiate A Referral: Chronic hospitalization Chronic homebound Homeless, migrant, or other qualified individuals with disabilities, or individuals who are believed to be disabled Student is found ineligible for special education School concerns Parental concerns frequently expressed Students reentering school after having been temporarily placed in a private setting

The Following May Initiate A Referral: (Continued) Students exhibiting a chronic health condition and/or receives medical attention at school Suspensions approaching an aggregate of ten (10) instructional days. The school district is considering expulsion, exclusion, or retention of a student Students suffering the death of someone close or the separation/divorce of their parents. Suspicion of abuse in the home The student’s attendance record approaches the school district’s limit Student is regarded as a potential drop-out or at-risk Substance abuse is considered

“Substantial Limitation” The student is unable to perform a major life activity that the average student of the same age can perform, or that the student is significantly restricted as to the condition, manner or duration under which a particular major life activity is performed as compared to the average student of approximately the same age.

504 Eligibility “Funnel” “Substantially Limited” Without accommodations, the student with a disability would not be afforded a comparable opportunity to an appropriate education. Is the impairment: negligible? - not eligible mild? - not eligible moderate? - Eligible extreme? - Eligible Definition #2 Definition #1

LEAST RESTRICTIVE GENERAL EDUCATION GENERAL EDUCATION MODIFICATIONS GENERAL EDUCATION-SAT TEAM 504 PLAN SPECIAL EDUCATION

Substantial Limitation Scale Dr. Perry Zirkel’s 5 Point Scale may assist teams in making a decision. 5……….Extremely _______________ 4……….Substantially _______________ 3……….Moderately _______________ 2……….Mildly _______________ 1……….Negligibly _______________

Factors for Determining Substantial Limitation

1. Nature and Severity of Impairment Is the impairment mild or severe? Does the impairment result in failure or the student’s not achieving near expected levels? Does the impairment impact on a major life activity? If so, how?

Duration or Expected Duration of Impairment Will the impairment be of such short duration as to not cause significant problems? Will the impairment cease impacting on the child without any intervention?

Permanent or Long-Term Impact Resulting from the Impairment Will the impairment be short or long in duration? If the impairment is of short duration, will it have a significant impact without intervention? If the impairment will be long term, will the impact negatively affect the child’s status, academically, socially, emotionally or behaviorally?

Evaluation From a variety of sources Achievement test data Teacher observation and classroom performance Medical information and test results Student Assistance Team data Adaptive Behavior Scales ** Discount from the analysis sub-par performance due to other factors, such as normal moods, lack of motivation and the immediate situation or environment.

ACCOMMODATIONS Modifying Environment Modifying Time Demands Modifying Materials Visual Processing Language Processing Organizational Use of Group and Peers