1. 504 Evaluation Issues Jefferson Parish School Board August 23, 2017 Wayne T. Stewart, J.D., Ph.D.
8/23/2017
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2. RTI and Evaluation Referrals
School districts need to have “data sufficient for the SBLC to recommend that a comprehensive individual evaluation be conducted by pupil appraisal personnel.”
The trigger for initiating a 504 evaluation is suspicion that a student has a disability under 504.
8/23/2017
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3. SBLC & 504 Suspicion
SBLC Team may not suspect a student of having a disability requiring specialized instruction per the IDEA; however, this is not an all or nothing proposition
Any student with a physical or mental impairment that limits a major life activity should be referred for possible 504 evaluation, and, if determined eligible and necessary, receive services via a 504 Plan
8/23/2017
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4. Parental Requests for Evaluation
A parent’s request for Section 504 (or IDEA) evaluation does NOT mean the student must be evaluated.
The first step is that the parent’s request must be considered by SBLC.
8/23/2017
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5. Parental Requests for Evaluation
HOWEVER, IDEA and Section 504 require responsive WRITTEN notice to the parent whether the system will
(1) grant the parent’s request for evaluation by offering parent to sign a consent for evaluation form; OR
(2) deny the request for evaluation – consistent with IDEA notice requirements. See 34 C.F.R. §
8/23/2017
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6. IDEA v. Section 504: Major Difference
IDEA: disability (per an IDEA category) AND
need for “specialized instruction”
504: focus on eligibility (i.e., physical or mental impairment that substantially limits major life activity) for purposes of NON-DISCRIMINATION in programs, services, and activities in public schools
8/9/2017
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7. IDEA v. Section 504: Major Difference
IDEA: If a child does not NEED “specialized instruction”, then the child does not qualify legally
504: In contrast, eligibility is separate from determination of need for supplementary aides and services. It’s possible that a student who is eligible under 504 gets nothing – based on no “need”. In other words, it’s a two-step process.
8/9/2017
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8. IDEA v. 504: Evaluations
While the eligibility criteria differ, the general evaluation process parameters are very consistent:
Individualized determinations
Non-discriminatory assessment (e.g., language, race, culture)
Reliable and valid assessment processes and tests
Multiple measures to make eligibility determination
Parental consent required for initial evaluation
Evaluators are “knowledgeable” (e.g., meet established and formal State, national, or professional certification or licensure criteria)
8/23/2017
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9. IDEA v. 504: Evaluations/Services
Additional consistencies between the laws:
Established procedures
Decision by group (i.e., “team”) of persons – NOT individuals
Placement in least restrictive environment (LRE)
Decisions made in conformity with mandates regarding:
Academic Setting
Non-academic settings
8/23/2017
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10. How Much Info is Enough ? Team decision Multi-source
8/23/2017
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11. Automatic / Per Se 504 Eligibility ?
Not really
OCR: Virtually all students with certain impairments should qualify under 504
8/23/2017
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12. Medical Diagnosis NOT Necessary
Diagnosis may not be sole source of 504 eligibility determination
Cannot DELAY evaluation
School’s responsibility to pay for it, if school deems medical evaluation or diagnosis necessary
8/23/2017
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13. Grades/Academic Success
Grades alone are NOT sufficient to determine disability status
Grades and academic success are only one indicator – does not show what efforts and/or resources were needed to obtain success
8/23/2017
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14. How Do You “Unmitigate” ?
Detailed History
Documents
Interviews
In-school AND out-of-school activities and behaviors
Research on course of impairment when not mitigated
Condition, manner & duration
8/23/2017
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15. 504 Evaluation Time Lines NO explicit time lines under 504
MAY Default to Bulletin 1508
60 business days
HOWEVER, must consider reasonableness of
time to gather information & to determine whether disability suspected
if disability suspected, time taken to evaluate
8/23/2017
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16. IDEA v. 504: Procedural Protections
Generally, IDEA affords parents and students greater procedural protections
However, 504 procedural protections are quite broad
8/23/2017
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17. IDEA v. 504: Procedural Protections
Procedural rights must be provided to parents at least yearly and typically any time there is a meeting which address the identification, evaluation, placement, or any other provision of FAPE for the child
Any time you proposed to do something or decline to do what a parent wants regarding any provision of FAPE, you must give written notice to the parent –
IDEA requires the notice be consistent with 34 C.F.R. §
Notice under 504 should mirror the requirements under IDEA
8/23/2017
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18. Over-Identification: Section 504
Over-identification of students as students with a disability under Section 504 can occur by assuming either of the following:
All children with a diagnosis have a disability under 504; or
All children with an impairment are substantially limited in a major life activity.
The U.S. Fifth Circuit Court of Appeals stated, “Merely having an impairment does not make one disabled for purposes of the ADA.”
8/23/2017
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19. QUESTIONS ?
8/23/2017
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