1. Alleghany County Schools
Section 504 A federal law focused on the nondiscrimination rights of individuals with disabilities
Alleghany County Schools 1

2. Section 504 of the Rehabilitation Act
Section 504 is a federal law that is designed to protect the nondiscrimination rights of individuals with disabilities

3. Civil rights statute that requires the needs of students with disabilities that substantially limits one or more major life activities to be met as adequately as the needs of non- disabled students are met.

4. FAPE
Section 504, like IDEA requires that school districts provide a free appropriate public education (FAPE) to qualified students
The provision of an appropriate education is the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of non- disabled students are met and are based on adherence to procedures governing education setting, evaluation and placement, and procedural safeguards. An IEP is one means of meeting FAPE under Section Other students meet this through a 504 plan.

5. 504 Plan
A 504 Plan is an educational plan that provides students with disabilities regular or special education related aids and services a student needs and the appropriate setting in which to receive those services.
Meets FAPE

6. A 504 plan could include specialized instruction in a general education classroom. It can also provide related services.
EXAMPLES…
preferential seating
extended time on tests and assignments
reduced homework or classwork
verbal, visual, or technology aids
modified textbooks or audio-video materials
behavior management support
adjusted class schedules or grading
verbal testing
excused lateness, absence, or missed classwork
pre-approved nurse's office visits and accompaniment to visits
occupational or physical therapy

7. How Does a Student Qualify?
A student is eligible for a 504 Plan if they have been identified and the evaluation concludes that the student
Has a disability, defined as physical or mental impairment that substantially limits a major life activity
and
The student needs related aids and services in the regular education or special education because of that disability.
This is determined by a group of individuals, including individuals knowledgeable about the child, the meaning of the evaluation data, and the placement options

8. PRE-REFERRAL

9. Where Does the Process Begin?
Schools provide early intervention services through the SST process.
Through SST, intensive interventions are implemented with fidelity over a period of time with frequent monitoring of student progress.
If a student is not making adequate progress, he/she is then referred for evaluation.
If the student has an obvious disability, the team should not delay in making a referral for evaluation.

10. IDENTIFICATION& EVALUATION

11. Written Consent for Evaluation
Section 504 requires schools to evaluate a student prior to a student’s placement in regular or special education through implementation of an IEP or 504 plan
Parental notice should include a description of the evaluation and placement decisions and a copy of the procedural safeguards

12. Evaluation To assess whether the student:
has a disability under Section 504 and if so,
what are the child’s individual education needs

13. When Must a Division Conduct an Evaluation?
The Division must evaluate any student who needs or is believed to need special education or related services

14. Does the student have a physical or mental impairment which substantially limits one or more major life activities?

15. What is a Physical or Mental Impairment?
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine. See full definition at 34 C.F.R. Section (j)(2)(i).

16. What is a substantial limitation?
Made on a case-by-case basis with each student.
Does NOT mean severe restriction or inability in performing major life activity.

17. What is a major life activity?
Major life activities include certain acts a person does (such as hearing, speaking, lifting) and a person’s bodily functions (such as lung disease that affects a person’s respiratory system or a traumatic brain injury that affects the function of the brain).

18. Evaluating the Student’s Needs
Schools may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under IDEA
If they choose a separate process, they must follow the requirements for evaluation in the Section 504 regulatory provision at 34 C.F.R
Tests and other evaluation materials must include those tailored to evaluate the specific areas of educational need and be from a variety of sources
Tests must be validated and administered by trained personnel.

19. Evaluation and Placement
The “team” – consisting of a group that includes individuals knowledgeable about:
The student
The meaning of the evaluation data
The placement options
The team establishes the student’s eligibility and identifies the student’s needs to provide appropriate educational services
In making placement decisions, the team must draw upon a variety of sources in the evaluation process
The information obtained from all sources must be documented and carefully considered

20. Review of Existing Data
Information that would be relevant to a child’s eligibility determination
Aptitude & achievement tests
Teacher recommendations
Physical condition
Social or cultural background
Adaptive behavior
Parental input

21. Placement & Services
Factors to be considered for service options are as follows:
Evaluation results
Section 504 identification determination
Student’s unmet needs
Services and/or accommodation based on needs
Least restrictive environment 21

22. Least Restrictive Environment
The team makes decisions regarding the necessary accommodations/services to allow for the student’s disability.
Parents should be given the opportunity for input in determining accommodations.
The accommodations and/or services are documented on the Section 504 plan or IEP.
**Placement decisions MUST ensure that each student with a disability is educated with peers without disabilities to the maximum extent appropriate to the needs of the student with a disability.
Least Restrictive Environment 22

23. REVIEW & REEVALUATION

24. Review/Re-Evaluation
Periodic evaluation is required. This may be conducted in accordance with the IDEA regulations, which requires a reevaluation every three years or more frequently if needed.
The process of examining existing data and gathering additional data in order to;
Determine continuing eligibility for special education
Assure that individual needs of a student are identified
Assure appropriate educational programming
A significant change in placement is:
Exclusion from an educational program of more than 10 days
Transferring a student from one type of program to another
Terminating or significantly reducing a related service
Cannot occur more than once per year unless parent and LEA agree 24

25. Procedural Safeguards
Section 504 requires procedural safeguards regarding the identification, evaluation and educational placement of a student
Procedural safeguards include:
Notice
Records review by parent or guardian
Due process—impartial hearing with participation by parent and counsel
A review procedure 25

26. IDEA vs. Section 504
Under IDEA, a child must have a particular disability listed in IDEA and need special education and related services
Under Section 504, a qualified student with a disability is protected regardless of whether the student needs special education
Section 504 requires schools to evaluate a student prior to any placement decisions through implementing a 504 Plan or IEP.

27. Section 504 & IDEA Comparison Chart
IDEA & Section 504 Comparison
IDEA
Section 504
Funding statute
Non-funding statute
Discrete definition of disability categories
Broad definition of “handicaps”
Some Section 504 children are ineligible under IDEA
All IDEA children are eligible under Section 504
IEP Team
Placement Team
Child Find
Parental consent for evaluations and placement
Parental consent for evaluations only
Pre-Placement evaluation
Pre-placement evaluation
Eligibility decision must not be based on culture, economics, or environment
Eligibility decision must not be based on culture, economics, or environment
Least restrictive environment
Educational setting
Eligibility: disability adversely affects learning
Eligibility: handicap substantially limits learning or other major life activities
FAPE: develop IEPs that are reasonably calculated to convey educational benefit
FAPE: meet the needs of students with disabilities as adequately as the needs of nondisabled students are met
Procedural due process
Discipline: dependent on whether misconduct was manifestation of disability
Discipline: dependent on whether misconduct was manifestation of disability

28. YOU BE THE JUDGE 28

29. Scenario: A fourth-grade teacher notices that a student has trouble concentrating during class and takes significantly longer than most students to complete in-class assignments. The teacher doesn't think the student needs special education services because she is earning B's and C's. What should the teacher do? 29

30. OCR Says: "The teacher needs to inform the proper individuals in the school system that the student needs to be evaluated." 30

31. This has been one of OCR's frequent messages in the past several years
This has been one of OCR's frequent messages in the past several years. A student's average or even above-average grades do not disqualify him from Section 504.
"One of the long-time issues for most districts is this idea that the kid is doing fine, so [he] doesn't need a 504 plan. Or, the student is getting A's and B's, so [she] doesn't qualify," she said.
A high-performing student may need to spend considerably more time and effort than other students on assignments to compensate for her disability. Staff need to think about that in the context of a disability-related concern and refer the student for an evaluation. In determining if the student is substantially limited, the team might compare how long it takes the student to perform a task with how long it takes most people in the general population to perform the same task, she said. 31

32. Scenario: Maya's mom presented Maya's teacher with a medical report indicating that Maya suffers from gastroesophageal reflux disease. Maya's mom then asked the teacher if the school would evaluate Maya for Section 504 services. The teacher told Maya's mom not to worry, noting that an evaluation "is not necessary at this time because Maya continues to do well in all her classes." The teacher then promised to let Maya's mother know immediately if Maya's grades begin to decline. Should the teacher have responded in this manner? 32

33. OCR says: "No. ... Given these specific facts -- a medically-diagnosed problem with the student's digestive system, and the parent's report that the student is frequently forced to miss school because of this medical problem -- Section 504 would require the school to refer Maya for a Section 504 evaluation." 33

34. In addition, OCR said that the school should have provided the parent with a copy of the district's procedural safeguards, including the right to challenge the district's refusal to evaluate the student.
OCR emphasizes that learning is not the only major life activity that teams must consider. This scenario is also a good reminder for staff about "issue spotting,".
The teacher should bring the parent's request to the appropriate personnel in her building. Then, a team could look at the information and decide if an evaluation is necessary. 34

35. Scenario: Doctors diagnosed Omar with cancer at the beginning of summer. When initially diagnosed, Omar was weak and tired all the time, and, at times, unable to even get out of bed or dress or feed himself. He received chemotherapy and returned to school without any symptoms of his disease. It is now November and his disease appears to be in remission. Omar's mom notes that he runs and plays like all the other children and that his grades are great. How would a group of knowledgeable persons determine if Omar has a disability? 35

36. OCR says: "A student who has an impairment that is episodic or in remission is considered to be a person with a disability if, when active, the impairment substantially limits a major life activity. ... Even if Omar does not need special education or related aids and services, he would still be protected under Section 504, for example, from bullying and harassment based on his disability." 36

37. It's often difficult for schools to grasp that a student may have a disability under 504 but may not need any accommodations or services under a 504 plan. It's important to keep track of these students, however, because they are entitled to 504's antidiscrimination protections, she said. Use a "monitoring only" plan to recognize that the student is a protected student but doesn't need any services at this time, Kramer said. Like students who are in remission, students who successfully use mitigating measures such as medication may also be protected under 504, but not need any services, she added. 37