1. Presenter: Sandy Michalik, Special Education Supervisor
504 Plans
August 23, 2017
Presenter: Sandy Michalik, Special Education Supervisor

2. Section 504 YES Do we need to comply??
If the school receives federal funding, then
YES
Additionally, teachers hold the obligation to recognize the signs or traits for identification.

3. Section 504
Students are eligible to receive accommodations under Section 504 if he/she meets Section 504 criteria: A student with a mental or physical disability that substantially impacts a major life activity What is a major life activity?

4. Section 504
Major Life Activities: caring for oneself performing manual tasks walking hearing seeing speaking working reading standing sleeping eating concentrating breathing thinking lifting bending communicating learning Major bodily function includes functions of the immune system; normal cell growth; digestive, bladder, bowel, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

5. To provide equal access to all buildings and programs
Section 504
Purpose of Section 504:
To provide equal access to all buildings and programs
Generally consists of modifications of external environmental factors to accommodate a student’s disability

6. Section 504
True or False? _____ The 504 Plan is a legal document. _____ The staff have a legal obligation to uphold the 504 Plan. _____ The 504 Plan is equal in weight as an IEP in terms of compliance. _____ The district had a Child Find obligation for students requiring Section 504 accommodations. _____ A parent can take legal action if the 504 Plan is not followed…and can win the case.

7. Section 504
True or False?
True The 504 Plan is a legal document.
True The staff have a legal obligation to uphold the 504 Plan.
True The 504 Plan is equal in weight as an IEP in terms of compliance.
True The district had a Child Find obligation for students requiring Section 504 accommodations.
True A parent can take legal action if the 504 Plan is not followed…and can win the case.

8. Section 504 How does a student qualify for a 504 Plan?
Physician or other script, report, or other documentation
Evaluation Report or Reevaluation Report findings
Mitigating Measures

9. Section 504 Mitigating Measures are:
Something that limits the impact of the impairment
Something usually provided by the parent
Something that a student must use in a school setting (e.g., medication, equipment, materials)

10. Section 504
This includes: Medical Diagnosis Information regarding ADD/ADHD Input, feedback from parents and teachers regarding the effects of ADD/ADHD at home and at school

11. Section 504
What about a temporary disability (an impairment for less than 6 months)? This must be resolved on a case by case basis. Please be sure to involve your special education supervisor.

12. Section 504 504 Plan Vs. Service Agreement Health Plan IEP
If a student with an 504 Plan is then determined eligible for special education services, the student receives an IEP. Therefore, there will not be a 504 Plan plus an IEP.

13. Accommodation VERSUS SDI
When does an “Accommodation” become “Specially Designed Instruction?”

14. Accommodation VERSUS SDI
Calling SDI a Section 504 accommodation, and vice versa, does not make it so! Misidentifying and mislabeling accommodations and techniques (and the laws they fall under) can lead to a significant liability!

15. Accommodation VERSUS SDI
Be careful!
Make sure you are not providing special education services under the “guise” of Section 504.
On the flip side, don’t make a student IDEA eligible if he/she only needs Section 504 accommodations.

16. Accommodation VERSUS SDI
What’s the difference?
Section 504 = accessibility accommodations
- Making sure a disabled student is able to access curriculum
(changing the environment, e.g., going to a study corral to take a test)
IDEA – Specially Designed Instruction
-Adapting the curriculum and/or the way that it is presented to meet the student’s individual needs.
(e.g., adapting a test to a multiple choice test)

17. Accommodation VERSUS SDI
Specially Designed Instruction Adapting, as appropriate, to the needs of a special education student in terms of content, methodology, or delivery of instruction Differentiated Instruction Regular education techniques that allow a teacher to teach effectively to a varied group of individuals

18. Accommodation VERSUS SDI
The lines are blurry!!

19. Your Responsibilities as Staff with a Student Who Has a 504 Plan
Know the plan! Have a copy of the 504 Plan, so that you may refer to it often and always. Keep the information in your substitute folder. You must comply with the 504 Plan as a legal document, following the modifications set forth.

20. Your Responsibilities as Staff with a Student Who Has a 504 Plan
If you have any questions, you must consult the 504 Plan case manager. If you do not understand any part of the plan, you must consult with the case manager. If you have difficulty following the plan, share your input with the team.

21. Your Responsibilities as Staff with a Student Who Has a 504 Plan
Make things easy… Design a system that works for you! Create a calendar, spread sheet, or other to alert of upcoming due dates! Request assistance when needed!

22. What about Discipline?
A Section 504 disabled student is subject to the same disciplinary action as a non-disabled student, provided that the student’s behavior is not a manifestation of his or her qualifying disability.
Involve your special education supervisor in these instances.

23. Questions?????
Any Questions?????