1. Section 504
Overview

2. Advanced Organizer Overview of key legislation and definitions
Referral, Evaluation, & 504 Eligibility Determination
Accommodations and Speech Only IEP’s
McKay

3. Section 504 of the Rehabilitation Act of 1973
Civil rights
Antidiscrimination
Equal access (FAPE)
“Level the playing field”
Applies to schools receiving any federal funding – Pre-K to 12
Section 504 is a Civil Rights Law that provides antidiscrimination protections for student who are disabled. The purpose of the 504 Law is to level the playing field for students so they have equal access to the school environment as their peers have. Any preK through grade 12 setting that receives federal funding must comply with 504 Regulations.
504 regulations were amended in 2008, ADAAA which changed the way we identify and qualify students who may meet section 504 eligibility criteria.

4. Definition Of Disability Under Section 504
1. With a physical or mental impairment that substantially limits one or more major life activities;
2. Who has a record (history) of such an impairment; or
3. Who is regarded as having such impairment.
For the purposes of receiving accommodations, students must meet the definition of “Disability” under Prong 1, that is:
Impairment + Substantial limitation = Disability
A student is “disabled” under the Section 504 regulations if the student meets any one of the three “prongs” of eligibility listed:
Prong 1: A current impairment that is active, but also includes impairments in remission or controlled via mitigating measures, such as medication.
Prong 2: Past history of ESE eligibility, cancer beyond 5 years in remission, etc.
Prong 3: "Regarded"- a person may exhibit a limp, motoric abnormality, facial scarring, etc. but no documentation and so he is perceived as having a disability. Or a student may be regarded as having a disability because staff knows the history of the family. Or--- just because a person looks differently or acts differently may be "regarded" as. The impairment may or may not exist.
For a detailed explanation of the different prongs, visit the following link:
For the purpose of school based eligibility for Section 504, only prong 1 is considered.
Student who would fall under Prongs 2 & 3 can file a grievance with the office of civil rights if they are denied equal access (FAPE) in school, but they do not meet eligibility for a 504 plan.

5. Physical Or Mental Impairment
An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition.
Any physiological disorder or condition
Cosmetic disfigurement
Impairment related to: Immune system, normal cell growth, digestive, bowel, bladder, respiratory, circulatory, endocrine and reproductive, neurological and brain functions
Mental or psychological disorder, including emotional, mental illness, and specific learning disabilities
The definition does not define nor limits specific diseases

6. Major Life Activities (including Major Bodily Functions)
Caring for oneself
Performing manual tasks
Seeing, hearing, speaking, breathing
Learning, and working
Eating
Sleeping
Walking, standing, lifting, bending
Reading, concentrating, thinking, and communicating
Functions of: Immune system, normal cell growth, digestive, bowel, bladder, respiratory, circulatory, endocrine and reproductive, neurological and brain function
While the list of major life activities has been expanded (as a result of ADAAA), It remains “illustrative” -- The list is not intended to be all inclusive and an activity not listed may be covered
This is includes additions made by ADAAA.
While the list of major life activities has been expanded, It remains “illustrative.” In other words, the list is not intended to be all inclusive and an activity not listed may be covered.
More that just impact on “learning”
You can have a straight A, gifted student who has substantially limited breathing and can require a 504 Accommodation Plan.

7. Substantial Limitation of a Major Life Activity
It is suggested that the term be interpreted to mean:
That the student is unable to perform a major life activity that the average student of approximately the same age can perform, or
Restricted as to the condition, manner, or duration under which the student can perform a particular major life activity as compared to the condition, manner, or duration under which the average student of the same age/grade level in the general population can perform the same major life activity.” (ADA)
Either a student is completely unable to do a major life activity or they can’t do it to the same degree as a typically functioning peer of their same age & gender.

8. What Schools Must Do Conduct Appropriate Child Find
Coordinate with school nurse
Parent report
Teacher report
Evaluation
From a variety of sources
Documented
Need for accommodation
Appropriate procedural safeguards – Written parental consent required for initial evaluations
Determine Eligibility
Based on presence of a disability
Substantially limits one or more major life activities or major bodily function
Team decision
Ensure Services and Protections
Free and appropriate public education (FAPE)
Equal Access to Non-Academic and/or Extracurricular Activities
Related services (if needed): Transportation, counseling, assistive tech, etc.
Least Restrictive Environment (LRE)
Periodic re-evaluation
Mandatory re-evaluation/manifestation hearing before a significant change in placement is considered
Schools are legally obligated to identify and evaluate students who may be in need for a 504 plan. Schools are also required to determine whether or not a student meets 504 eligibility criteria, and then to ensure services/accommodations and protections against antidiscrimination.

9. Referral
Anyone can make a referral for Section 504; however, parents or teachers typically make referrals. Note: The school is not required to seek out and evaluate students not in need of services/accommodations
If a student is experiencing persistent academic, behavioral, social/emotional, physical, or attendance problems a referral should be made to the school-based problem-solving team where interventions and/or accommodations to address the academic and/or behavioral concerns can be developed and implemented
If the student fails to demonstrate sufficient improvement with evidence-based interventions and/or accommodations, then an evaluation (either IDEA or Section 504 Evaluation team) should be initiated as appropriate
Students with Individual Health Care Plans and medical issues need not be the focus of extensive analysis

10. 504 and Health Care Plans
Many students are served via Individual Health Care Plans (IHCPs)
A 504 and IHCP are different
The ICHP addresses medical management
The 504 addresses access
A student with an IHCP should also be considered for a 504 evaluation
The 504 Committee must determine whether the student would be substantially limited in the absence of the health plan and in the absence of any other mitigating measure
Doesn’t imply that ALL students with an IHCP automatically receive a 504, but many health issues have impact on a major life activity and may require accommodations
Epi-Pen: If a child has one but does not require environmental accommodations of any type, then no need for 504 plan

11. Prioritizing Referrals for 504 Evaluations
Parent Request for Evaluation
Teacher Request for Evaluation
Nurses will provide 504 coordinators with a prioritized list of student who require 504 evaluations (most medically involved  least medically involved)
504 Evaluations should be collaborative in nature and conducted by members of the Student Services team as well as the teacher team
Parent request for evaluation must be addressed prior to other requests.

12. 504 Evaluations
Evaluation refers to gathering of data or information from a variety of sources to provide evidence of:
Impairment
Substantial Limitation of a Major Life Activity
The need (or lack thereof) for accommodations/services
For Episodic Impairments – must look at data over a time span, when the impairment is active
A 504 Evaluation is more broad than an ESE evaluation
ESE evaluations have very specific, narrow evaluative requirements and criteria

13. Evaluation: Sources of Information
Documentation of Impairment:
Medical reports, health records, outside private evaluations, or school-based evaluations
Substantial Limitation -- District requirements include:
Request for relevant information from parents
Observation of student in school to include response to accommodations and comparison to average functioning peers
If you are recommending extended time, documentation of need must be provided
School records, clinic records, attendance and curriculum-based performance
504 Law REQUIRES the student to have a documented impairment in order to meet 504 eligibility criteria. Impairments can be documented from a physician, a private outside diagnostician, or a school-based evaluation (requires a clinically significant score on a nationally normed standardized assessment; screening & observational data cannot be used as evidence of an impairment).
Parents provide information through the Parent Input Form
An observation of the student must be documented. The observation just has to be something in writing indicating the student’s functioning relative to what is typical. Teachers can write up an anecdote, and that fulfills the observation requirement.
If accommodations are recommended, there must be data to support the impact of the accommodations PRIOR to determining whether or not a student is eligible for a 504 Accommodation Plan.

14. Section 504 Eligibility Determination: Differentiating between Protection & Accommodation
A student does not have to demonstrate a need for services/accommodations to be Section 504 eligible
There are two separate eligibility determinations to make:
Eligibility for Protection under Section 504
AND
Eligibility for an Accommodation Plan
Once sufficient data is collected to determine evidence of impairment, substantial limitation of a major life activity, and the impact of accommodations (if applicable), THEN an eligibility determination committee meeting is scheduled & held.
At this meeting, the 504 eligibility team has to determine if the student is eligible for 504 Protections ONLY or eligible for 504 protections AND accommodations.
Those are now 2 separate decisions to make

15. Eligibility for Accommodations
There must be clear evidence of ALL of the following:
Impairment
Substantial Limitation of a Major Life Activity
The need for accommodations/services
In other Words:
Meets criteria under Prong #1 and:
Is not sufficiently mitigated or
Previously in remission, but now active and requires accommodations
Schools have always looked at eligibility for accommodation plans. In order to be eligible for an accommodation plan, the student must meet prong 1 criteria of having a documented impairment PLUS a substantial limitation of a major life activity and require accommodations in school.

16. Accommodations
Refers to a change in the educational setting, materials, and/or strategies that does not significantly alter the content of the curriculum or the level of expectation for student’s performance and which allows students to access the general education curriculum
Must be related to documented impairment
Can be intermittent when related to episodic impairment
Should include language that identifies trigger (If-Then)
Should have data to support the accommodations
Time sampling, Frequency counts, observations, etc…
-All accommodations must have data to support the need for them. Teachers play an integral role in this data collection.
-Accommodations must be based on information and data used in the evaluation and eligibility determination process. There must be data which shows the accommodations improve the student’s functioning related to the area that they are substantially limited in. If there is no evidence of an accommodation working, then it should not be written into a 504 Accommodation Plan.
-Accommodations must address the student’s identified disability in order to provide equal opportunity/ access to activities available to the student’s non-disabled peers.
Written 504 Accommodation Plans:
-The accommodations must be very specific indicating how, where, and by whom the accommodations will be provided. Think if a a substitute teacher read the accommodation, the sub should be able to implement the accommodation in a way identical to the regular teacher.
An accommodation shouldn’t be written onto a plan unless data already exists showing that the accommodation has a positive impact on the student.

17. Speech Only Plans and 504

18. Accommodations: Extended Time
Data is required to support the need for extended time
If extended time is shown to be needed to level the playing field, the 504 Accommodation plan must specify HOW MUCH extended time is necessary based on data collected (e.g., 25%, 50%, 100% extra, etc.)
Extended Time Testing Accommodations: What Does Research Say? (Published in June 2011 NASP Communique by Benjamin J. Lovett):
Research consistently shows that:
The benefits of extended time are not specific to SWD
Extended time changes the meaning of students’ test scores
Decisions to provide extended time are often not replicable or defensible
Extended time can discourage interventions that target underlying sources of poor test performance such as interventions to address oral reading fluency or test anxiety
Ask if an intervention would negate the need for the accommodation (e.g., oral reading fluency building rather than giving extra time to be a non-fluent reader). If yes, implement intervention before developing an accommodation.
Teachers can collect this data by:
When the majority of the class is finished with a classroom-based assessment, the teacher can make a mark or dot on the # item that the student is on & note the exact time. Allow the student to finish the assessment and note the time again. Calculate # of extra minute the student took and divide it by the total # of minutes the entire class took. Then multiply that # by 100.
If this method is used on at least 3 separate assessments, the median percentage amount of extended time can be written into the accommodation plan.

19. Testing Accommodations
For an accommodation to be considered for use during standardized testing (i.e., FCAT) accommodations must:
Be used regularly in the classroom
Proven effective by data
Be allowable (refer to FL DOE technical assistance)
NO FCAT ONLY ACCOMMODATIONS!!!
Unique accommodations (accommodations requiring modification to the test booklet/materials) must be approved in advance
Link:
For more specifics on allowable versus unique accommodations, visit the URL on the last bullet of this slide

20. McKay Eligibility
Effective July 1, 2011: HB 1329 allows public school students (Pre-K – 12) with 504 accommodation plans to be eligible for the the McKay Scholarship
Private school
Another public school
Only for students with a 504 accommodation plan and:
Valid for more than 6 months (i.e., not a temporary 504 Plan)
Enrolled and reported by the District for funding during the October and February Florida Education Finance Program surveys in the previous school year
Must notify parents of McKay option within 10 days after plan is issued. Must notify all parents of students with 504 Plans by April 1.
Parent applies via the Office of Independent Education and Parental Choice (IEPC) website.
All students found eligible for a 504 accommodation plan can apply for the McKay scholarship – 504 eligibility needs to be taken very seriously.
A student who has 504 Protections ONLY is NOT eligible for the McKay Scholarship.
Teachers should be aware that every McKay Scholarship awarded equates to a lost allocation at the school. If a school were to loose approximately 18 allocations, that is equivalent to a teacher job-loss. Refer wisely and make sure to implement the accommodations that have been proven effective. Happy families and happy children are less likely to pursue other schools.

21. Thank you!
Contact:
Alyssa Lipinski