1. Special Education and 504 processes
Presentation to board of trustees
October 17, 2016

2. Section 504 is NOT ​ Special Education
IDEA​
Student must have a disability that falls into one of 13 defined areas and adversely affect educational performance​
Must need specially designed instruction​
Requires a comprehensive eval, including screenings,  psycho- educational eval AND intervention data ​
Criteria of exclusion/narrow eligibility​
Works well with RTI​
Defined IEP team members​
Parent consent required​
Strict and specific timelines
Partially funded by federal funds
Section 504​
Student must have a physical or mental impairment that sub-  stantially limits a life function.​
Prevents discrimination, ensures equal access with accommodations and services​
Requires relevant information from a variety of sources​
Broadened eligibility​
Does not work well with RTI​
Decision by group of “knowledgeable persons”.​
Parent consent recommended​
“Reasonable” timelines
No state or federal funding attached

3. IDEA
Special education

4. Recently closeD state department complaint
The issues was a complaint filed with the South Carolina State Department of Education Office of Special Education Services – not a lawsuit
Complaint hinged on issues with compliance in terms of students who were already identified as special education students, not related to failure to identify students or failure to evaluate students.
Majority of issues in complaint revolved around disciplinary procedures.
All three students and other students reviewed were already identified as special education and had IEPs
Implementation of Enrich IEP Program
Addition of Compliance Office (now Coordinator) position
Random reviews of IEP meetings held during annual reviews
Compensatory Education meetings were held and IEP teams (Spring 2015)
Quarterly progress report review
Training Plan
Revised Special Education Procedures (March 2015)
Monitoring Plan

5. SPECIAL EDUCATION Policies and procedures manual
Document reviewed by
Childs and Halligan Attorneys
State Department Office of General Counsel
State Department Office of Special Education
Duff, White, and Turner (partial)
No issues or discrepancies found within the document by any of the above agencies

6. Initial evaluation Referral for Initial Evaluation New Referral
DJJ/Court Order
Treated as an agency referral, however, as a courtesy to DJJ, an evaluation planning team convenes to consider the need for an evaluation
Follow up letter sent to DJJ to explain the determination of the team and what, if any, further action is to be taken by the district
Student Previously Dismissed from Special Services – Including Revocation of Consent
SIT/RTI Team Referral
Expedited evaluations
May be requested by a due process hearing officer or by parent upon recommendation for disciplinary removal.
Referral for Initial Evaluation
Made whenever it is suspected that a child may be a child with a disability
Upon referral for an evaluation, regardless of the source, the first action of the LEA must take is to provide the parents with a copy of the Parents Rights Notice (procedural safeguards)
New Referral
SIT/RTI Team
Parent/Agency/Physician Request
Referral to SIT/RTI – team recommends interventions if appropriate
SIT/RTI Team Determines Evaluation is necessary
By law it is a TEAM decision, not the determination of one person or entity.

7. Monitoring process for Special Education
All files go through the Office of Special Services to check for compliance prior to documents being completed in Enrich system
Cover page completed by teachers with specific components of each type of meeting involved
Enrich/Due Process Secretary checks for appropriate meeting invitation documentation and PWN completion
All documents in Enrich completed by Executive Director of Special Services following review.
Either Coordinator or Director serve as LEA for all meetings.
Accommodation sheets signed by all general education teachers maintained in Office of Special Services
Specific procedure followed for FBA completion with quality assurance technique completed for all BIPs
Paraprofessional Feedback forms collected monthly from general education teachers
Log of inclusion and resource teacher contact hours completed monthly and signed by general education teachers
Specific procedure for students entering and exiting from Alternative School and Home based placements
Random implementation audits done by Office of Special Services staff (monthly)
Calendar maintained by Enrich/Due Process Secretary of all transfers, re-evaluations, and initial evaluations

8. General education accommodations
Section 504
General education accommodations

9. 504 Referral procedures
If a parent/guardian or adult student requests 504 consideration, he/she is directed to the school’s 504 Coordinator.
The school’s 504 Coordinator:
Schedules a meeting with the parent/adult student and relevant school staff
The 504 Coordinator coordinates data collection in preparation for the meeting. Multiple sources of data should be considered.
If a school staff member requests a 504 consideration for a student the staff member contacts the school’s 504 Coordinator.
The 504 coordinator:
Schedules a meeting with relevant school staff and parent/guardian/
The 504 Coordinator coordinates data collection in preparation for the meeting.

10. 504 eligibility procedures
Does the student have a physical or mental impairment?
Does the physical or mental impairment affect one or more major life activities (including major bodily function)? 
Does the physical or mental impairment substantially limit a major life activity?  
Does the student need Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers? 
If so, please identify the impairment(s).  Notes (1) This is an educational determination only, and not a medical diagnosis for purposes of treatment. (2) Impairments that are episodic, in remission or mitigated should also be listed.
If so, identify the major life activity or major bodily function by checking the appropriate box or boxes. Note: For an impairment that is episodic, in remission, or mitigated, identify the activity or function affected when the disability was present or active.
Notes: (1) “Substantially limits” does not mean “significantly restricted.” (2) This question asks whether the person evaluated is substantially limited in performing a major life activity as compared to the “average student” of the same grade or age or as compared to “most students” of the same grade or age. (3) The ADAAA requires that when making this determination, the Committee should not consider the ameliorative (helpful or positive) effects of mitigating measures (except for ordinary eyeglasses or lenses.) (4) The fact that the impairment is episodic (the impact of the impairment is sometimes substantially limiting, but not always), or in remission, does not preclude eligibility if the impairment would substantially limit a major life activity when active.
Needs: (1) If the student’s needs are so extreme as to require special education and related services, a referral to special education should be considered. (2) If the student’s impairment is in remission, and creates no need for services or accommodations, the student is not in need of 504 Services Plan. (3) If the student’s needs are currently addressed by mitigating measures with no need for additional services or accommodations, and the mitigating measures are provided or implemented by the student, with no action required by the school, the student is not in need of a 504 Services Plan.

11. 504 eligible students receive an accommodation plan
The following accommodations/actions may be provided in order to meet the student’s needs. Accommodations or agreed actions should be reasonable, specific and unique to the student in order to avoid misunderstandings. 
Assign preferential seating 
Provide home/school communication system 
Provide alternative test setting 
Reduce/minimize distractions in classroom 
Stand near student when giving instructions 
Provide timelines for completing tasks in chunks 
Do not count off for spelling errors when grading content 
Alter physical environment of room 
Oral administration of tests 
Extra work/test time
Assistance with note taking (copy of teacher notes, peer notes, carbon notepaper) 
State-wide testing accommodations
Allow re-take of failed tests 
Develop and implement a Behavior Intervention Plan
(not an exhaustive list)

12. Monitoring process for 504 plans
All plans turned into the Office of Special Services
Either Director, Coordinator, or School Psychologist attend all 504 meetings
504 Coordinator at each school is now an administrator and is responsible for sending all 504 Plans to involved staff members following development
In the event of disciplinary issues with a 504 student, the initial procedures followed with Special Education students are followed and a Manifestation Determination is held prior to any change of placement.

13. Court orders and djj
referrals

14. In the event of a court order
504 Plan
Team takes the Court Order as a referral from the parent or a staff member
Process is followed
Issues with information related to the diagnoses has been problematic
Frequently diagnoses made at DJJ and when we meet with the parent, little or no information is present
Psycho-educational evaluation
Per state and federal guidelines, the district takes this court order as a referral for an evaluation
The multi-disciplinary team meets and determines where a disability is suspected based on the available information
Issues with information from DJJ not being presented or available for consideration making it difficult to make an informed decision (i.e. psychological testing, disciplinary information while out of district, question of why if the student is suspected of having a disability – the DJJ educational responsibility not followed)

15. Questions?