1. Section 504 of the Rehabilitation Act of 1973
Cherokee County School District

2. Background Section 504 is a Civil Rights Law, passed in 1973
Sister statute Americans With Disabilities Act, passed in 1990
It is not a special education law, it is a general education law
IDEA, special education law, passed in 1975
If you receive any federal funds you are subject to Section 504

3. Section 504
No otherwise qualified individual with a disability in the United States……shall solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activity receiving Federal financial assistance…….

4. What Section 504 is… Short but powerful Civil Rights law
Covers birth to death
Requires equal opportunity and equality
Prohibits the denial of participation in education or the benefits of education because of a disability

5. Why a Civil Rights law?
Historically people with disabilities have been discriminated against preventing them from receiving, participating or benefiting from programs which receive federal funds
We must compare that of what a protected class are receiving to those outside of a protected class
Seeks equality of opportunity between the groups, not equality of benefit
Does not guarantee success

6. What Section 504 is not….. A special education law A funding law
Guarantees results
Optional

7. Section 504 and Educators Prohibits discrimination
Responsibility not to discriminate is for all school personnel
Responsibility falls on district level administrators, school level administrators and general education teachers
Enforced by the Office of Civil Rights in the US Department of Education

8. Who is Protected?
Any otherwise qualified person who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such impairment, or is regarded as having such an impairment…..
Must have an impairment
Must limit a major life activity

9. Physical Impairment
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems
Epilepsy, AIDS & HIV, Allergies, Arthritis, Heart Disease, Tourette Syndrome, Cerebral Palsy, Visual Impairment, Broken Limbs, Cancer, Diabetes, Hemophilia, Episodic Conditions, Conditions in Remission……………….

10. Mental Impairment
Any mental or psychological disorder, such as intellectual disability, organic brain disorder, emotional or mental illness and specific learning disability
ADD/ADHD, Reading Disability, Depression, Eating Disorder, Behavior Disorder, Past Drug/Alcohol Addiction, OCD……………………..

11. Major Life Activities…..Some
Learning
Breathing
Walking
Talking
Seeing
Hearing
Concentrating
Major Bodily Functions
Standing
Sitting
Reaching
Bending
Thinking
Communicating
Caring for Oneself

12. Mitigating Factors
Medication, Vision Devices, Prosthetics, Hearing Aids, Assistive Technology
Cannot consider when determining eligibility
Could write a plan to monitor, but not require accommodations
In education, does it substantially limit learning??????

13. Substantially Limit?????
OCR memorandum says it means….an important and material limitation (1994)
Determination is made on an individual basis
Compare to nondisabled peers, general population
The focus is on how it limits, not the outcome
Expansive coverage

14. When to Consider a 504 Evaluation
A student returns to school after a serious injury/illness
A student fails to benefit from instruction
A student exhibits signs of a chronic health condition
Repeated Suspensions or Expulsions
A student referred for an IDEA evaluation but was not eligible
A student who is “at-risk” or shows the potential to drop out
A student is frequently out or has excessive absences for medical reasons

15. Conducting the Evaluation
Parental consent is needed for an initial evaluation
Students must be individually evaluated
Tests used must reflect student’s aptitude or achievement and not just the presence of a disability

16. Evaluation Requirements
Conducted by a group of qualified individuals
Based on information from a variety of sources
Document and consider all available pertinent information
Reevaluation needed when there is a significant change of placement and every three years

17. Questions About the Evaluation
Is there a formula or scale that measures substantial limitations?
Can a medical diagnosis suffice as an evaluation?
Does a medical diagnosis automatically mean a student qualifies under Section 504?
Must an outside evaluation be considered?
What about mitigating factors?

18. Questions About Eligibility
Is anyone automatically covered?
Is there dual eligibility under IDEA and Section 504?
What about mitigating measures?
Can a parent decide they only want 504 services when the student is clearly eligible under IDEA?

19. Eligibility Errors Ignoring the cause and focusing on the symptoms
Personal characteristics
ELL’s do not automatically qualify
Having a physical or mental disability is an automatic to qualify – they must have a substantial limitation of one or more major life function

20. Requirements of Section 504
Child Find
Referral
Evaluation, with consent
Eligibility
Develop a plan, accommodations
Provide FAPE

21. Free Appropriate Public Education (FAPE)
What is it?
According to federal courts the FAPE standard under Section 504 is similar to the FAPE standard under the IDEA
Primary difference is accommodations not specialized instruction

22. Violations of FAPE
Failing to provide adequate staff training, equipment and/or facilities
Failing to educate the student in the LRE
Failing to carry out recommendations in the accommodations plan
Shortening the school day

23. Accommodations Plan Accommodations are for equal opportunity
The plan should meet the students unique needs
Progress should be monitored
Must use a specific 504 plan form, not an IEP form
Conduct annual reviews
Conduct triennial reviews

24. Program Accessibility
All programs must be available to those who need them
Not all rooms may be available just available when “viewed in its entirety”
Physically inaccessible
Denying a class because it is not physically accessible
Denying parents to participate because of their disability

25. Comparable Facilities
If a school operates a separate facility for students with disabilities, this facility must be comparable to the district’s other facilities
Comparable in term of space, location, instructional appropriateness, accessibility, size, lightening, ventilation, temperature
Establishing classrooms for students in areas that are not conducive to learning
Storage rooms
Small rooms, no air/heat

26. Nonacademic Services
Students with disabilities must be provided with an equal opportunity to participate in nonacademic services and extracurricular activities
No qualified student with a disability can be denied the opportunity to participate in physical education and athletic activities
Do not prejudge a persons skills
Courts generally favor allowing those with disabilities to participate in athletics
Student/parent must understand any risk of participation

27. Staff Training
All staff should understand their rights and responsibilities under Section 504

28. Discipline
Students with disabilities are subject to school-wide discipline procedures
Exceptions
When procedures deprive students of their services
When procedures change educational placement
When procedures interfere with the 504 plan

29. In-School Suspension Least likely to make a mistake if:
Discipline is applied evenly to all students
It is not harsh or overly punitive
It is not used excessively

30. Short Term Suspensions
Cannot suspend for more than 10 days collectively without taking action
Cannot suspend for consecutive 10 days without taking action
After the 10th day educational services must continue to be provided
A series of short-term suspensions may be permissible as long as it is for different instances and there is not a change in placement
The 504 team must make the decision if the suspension has triggered a change in placement
Length of removal, total amount of time the student is removed, proximity of removals

31. Expulsion
Expulsions are a change in placement because they are longer than for 10 days
Prior to expulsion a manifestation determination must occur
Team determines direct relationship between disability and behavior:
No relationship-students can be disciplined like any other student
Relationship-expulsion not allowed

32. Conducting Manifestation Determination
Gather and review relevant assessment data
Review Section 504 plan
Was the behavior a direct relationship to the disability – yes/no??????
Was the behavior a direct relationship to the district’s failure to implement the student’s Section 504 plan??????

33. Complaint Mechanism
If you have anyone who would like to file a complaint, they should contact me first
Grievances must be filed within 180 days
OCR will screen the complaint for merit
If appropriate an investigation will begin
Documentation is provided by the district
Investigation may take a long time
Anything found can be cited
If the district does not comply, federal funding can be taken away

34. Hot Areas for Litigation
Participation in Extra Curricular Activities
Bullying
Retaliation

35. Avoid!! Expecting parents to initiate the 504 process
Failing to recognize the broad definition of a disability
Refusing to provide services
No training
No 504 policy
Claiming we treat everyone the same

36. Any Questions?? Thank you for all you do!!
Bessie D. Westmoreland
Director, Special Services