2. CHAPTER 15 - SECTION 504

3. PURPOSE Chapter 15 of Title 22 of the regulations of the State Board of Education addresses the responsibility of school districts to comply with the requirements of Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 34 CFR Part 104 (relating to nondiscrimination of people with disabilities and activities receiving federal financial assistance).

4. PURPOSE (con’t) To require that public educational agencies ensure protected handicapped students have equal opportunity to participate in school programs and extracurricular activities to the maximum extent appropriate to the student’s abilities. “Level the playing field”

5. DUTY OF LEA Provide for each protected handicapped student (at no cost to the parents): – those related aids, services, or accommodations needed to: afford equal opportunity to participate in and obtain the benefits from the school programs and extracurricular activities –without discrimination and –to the maximum extent appropriate to the student’s abilities

6. DEFINITIONS PROTECTED HANDICAPPED* STUDENT –a student of school age who has a physical or mental disability that substantially limits or prohibits participation in or access to an aspect of the student’s program (ADA)American with Disabilities Amendments Act of 2008 and Rehabilitation Act amended broadens the definition of disability –The extent of an individual’s impairment should be evaluated without considering the ameliorative effects of mitigating measures

7. DISABILITY - DEFINITION Section 504 is less discriminatory: it protects all persons with a disability who have a physical or mental impairment which substantially limits one or more major life activities Have a record of such an impairment; or Are regarded as having such an impairment

8. PHYSICAL 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, digestive, genito-urinary, hemic and lymphatic, skin or endocrine: or …..

9. MENTAL IMPAIRMENT …any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.

10. MAJOR LIFE FUNCTIONS Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working Those basic activities that the average person in the general population can perform with little or no difficulty [ADA, 29 CFR §1630.2(I)]

11. CRITICAL QUESTION For school children –“Does a student’s impairment substantially limit the ability to learn?” Not true that the impairment must be a life activity other than or in addition to learning.

12. TWO POINTS No quantifiable standard by which to apply the “substantially limits” test More than grades need to be considered when schools determine whether learning is substantially limited –Consider both academic and nonacademic activities

13. PROCESS Referral for evaluation made by either parents or school district Written notice is necessary –Parents - put request in writing –School district - written Notice sent to parents Any pertinent information needed to make the decision, including medical records, needs to be given to the school district

14. Service agreement Must be written by a representative of LEA and parent or parents Specify related aids and services Accommodations needed Date services will begin and end If appropriate must include medical emergency plan

15. NOTICE Written explanation of why district or the parents desire to determine whether a student is a protected handicapped student Written explanation when a school district is either going to initiate or terminate a service plan for a student

16. CONSENT Parent consent is required prior to initial evaluation OCR has determined through policy clarification, that the Section 504 regulations…requires parental consent prior to conducting initial student evaluation procedures. [Letter to Durheim, 27 IDELR 380 (OCR 1997)]

17. EVALUATIONS Schools required to establish standards and procedures for the evaluation and placement of students who, because of a disability, need or are believed to need special education or related services Common failing of school districts is to evaluate only those students who fall within the IDEA categories or to have no separate written evaluation procedures

18. EVALUATION (con’t) District’s procedures and staff training should emphasize that a student may require an evaluation under Section 504 even if there is no reason to suspect that a student is in need of special education services under an IEP

19. EVALUATION (con’t) Does not necessarily mean “test” Refers to gathering of information and data from a variety of sources so that committee can make required determination [§104.35 (C)(1)] Formal testing not required to determine eligibility No timelines To be completed “within a reasonable period of time”

20. EVALUATION PROCEDURES If using Formal Testing - Must ensure: –Tests and other evaluation materials have been validated –Evaluations are administered by trained personnel –Evaluations are tailored to assess specific areas of educational need –Tests are selected & administered that accurately reflect the factors the test reports to measure

21. EVALUATION PROCEDURES Common sources of evaluation data for Section 504 eligibility are: –Student grades –Disciplinary referrals –Health information –Language surveys –Parent information –Standardized test scores –Teacher comments

22. PLACEMENT Individuals who are knowledgeable about the student, the meaning of the evaluation data and the placement options must be involved Made in conformity with the least restrictive environment provision Membership of team not prescribed Up to district whether parents will be included as members of the team

23. MODIFICATIONS Categorized as: –Environmental –Testing –Materials –Teaching strategies While Curricular modifications may be available to special education students, there is no modification of the essential elements for Section 504 students - 504 not about reducing expectations but providing the type of accommodations that will compensate for their disabilities so they have equal chance to compete in class

24. REEVALUATION Periodic reevaluation is required May be conducted in accordance with the IDEA regulation - at three-year intervals Can be more frequently if conditions warrant or if parent or teacher requests it To ensure continuity in child’s program - district should consider an annual review to determine whether changes are necessary due to differences in child’s schedule in the coming year or changes in the child’s abilities and disabilities

25. PROCEDURAL SAFEGUARDS Written copy given with Service Agreement –Notice –Request for Resolution –Informal Conference –Formal Due Process Hearing –Pending Judicial Appeals –Confidentiality –Opportunity for parents or guardians to examine relevant records

26. PROCEDURAL SAFEGUARDS School’s choice –Adopt a set of procedure specifically for Section 504 proceedings, or –Follow the procedural safeguards required by IDEA

27. REQUEST FOR RESOLUTION Made by parents in writing Investigated by the Department –Within 60 days –Response in writing to parents and school district

28. INFORMAL CONFERENCE Parents request conference with school district Areas of concern –Identification –Evaluation –Need for related aids, services, and/or accommodations Must be convened within 10 school days of request

29. FORMAL DUE PROCESS HEARING Parents file written request with the school district Held before an impartial hearing officer Governed by §14.64 (a)-(l), (n), and (o) Held in the school district at a place reasonably convenient to the parents May be held in evening at request of parents Held within 30 calendar days after parents request Decision issued within 45 calendar days after parent’s request

30. PENDING JUDICIAL APPEALS If appeal is filed within 90 days in a State or Federal court, due process hearing officer will be stayed pending the completion of the judicial proceedings unless the parent and district agree otherwise

31. CONFIDENTIALITY ALL personally identifiable information regarding a protected handicapped student is confidential Can be released only by parent consent Parents and their representatives are able to access the educational records of the student.

32. FAPE Section 504 broader than IDEA –Persons protected –Scope of what is considered a “free appropriate public education” Includes the provision of special or regular education and related services Looks at comparing the education of students with and without disabilities

33. CHILD FIND Must be done annually “Identify and locate” every qualified individual with a disability residing in the school’s jurisdiction who is not receiving a public education

34. DISCIPLINE OCR originally adopted the position that an expulsion or suspension of a student for more than 10 consecutive days constitutes a “significant change of placement” under Section 504 Before student with a disability under Section 504 is suspended for more than 10 days cumulatively, school needs to determine whether series of suspensions creates a pattern that constitutes a “significant change in placement”

35. DISCIPLINE Before implementing a suspension or expulsion that constitutes a change in placement, district must conduct a reevaluation to determine whether the misconduct is a manifestation of the student’s disability and if so whether the current educational placement is appropriate

36. DISCIPLINE Behaviors that are recurring or significantly impact upon education need to be addressed in a Positive Behavior Support Plan

37. COMPLIANCE OFFICER Each school district should have a person assigned as the Section 504 compliance officer Not unusual for school district personnel to be unaware of this requirement This is a violation of Section 504

38. SECTION 504 IDEA Establishes “level playing field” Precludes hurdles to participation Provides no additional funding Applies to education agencies if even a single of their programs or activities receive financial assistance from any Federal source Remedial Grants “more” services Provides additional funding Applies to agencies who seek to obtain funds under that specific statute

39. SECTION 504 IDEA Definition of disability much broader Definition of disability more specific All IDEA students are also covered by Section 504, but not all Section 504 students are eligible for services under IDEA

40. All students Within District 504 Impairments Substantially limit Students With Impairments IDEA Severe impairments HOW DOES SECTION 504 FIT?

41. PARENTS AND PUBLIC Section 504 also applies to disabled parents of students or disabled members of the public who participate in school programs, board meetings, or PTAs.

42. Questions??????