Presentation on theme: "Section 504 of the Rehabilitation Act of 1973"— Presentation transcript:
1Section 504 of the Rehabilitation Act of 1973 Welcome to the Section 504 web based training. This training will provide participants with a basic understanding of Section 504 policies and procedures as used in the Clark County School District.This training is broken into 13 different modules which can be accessed and viewed at your convenience. These modules can also be independently accessed for review of particular topics. The Office of Compliance and Monitoring is responsible for the training of District staff and the tracking of all Section 504 accommodation plans.
2Student Support Services Division Office of Compliance and Monitoring Kim Wooden, Chief Student Support OfficerOffice of Compliance and MonitoringMichael S. Harley, Esq. (IL), Compliance Officer Phoebe V. Redmond, Esq., Director Josh Loehr, Ed. D, Coordinator
3Section 504 Educational Services Procedures Handbook for Students (PUB-504) Go to InterActEd Link504 informationThe best place to find the information you need about 504 is the Section 504 handbook. This red handbook titled Section 504 –Educational Services Procedural Handbook for Students can be downloaded from Interact through Ed Link, then the 504 information icon.For ease of access to the 504 icon you can move the icon onto your interact desktop by right clicking on the icon, then left clicking on ‘add to desktop’.You can also have your office clerk order the book through District forms. (Pub 504)You will need to have this manual available while viewing this presentation.
4Amendments Act9/25/08 – President signed the American with Disabilities Act Amendments Act of 2008 ( ADAAA)1/1/09 – effective dateWaiting for OCR to further define changes as they apply to school districts.
5Section 504 DefinedPlease note that this is a GENERAL EDUCATION initiative that is provided and implemented in the general education setting. Participation by general education teachers in the 504 process is necessary to meet the requirements of this law and to provide reasonable and appropriate services to students.Your site administrator has already selected a staff member to serve as the building 504 liaison.Remember to check the 504 icon on Interact for updates, additional information and forms.
6Section 504 Defined Civil rights or equal opportunity law Prohibits discrimination against individuals with disabilitiesEnsures reasonable accommodations and servicesWhat is Section 504? Section 504 is a civil rights or equal opportunity law that prohibits discrimination against individuals with disabilities by a school district.Section 504 ensures that the child with a disability has equal access to an education. It further ensures that an educational system provides reasonable accommodations and services for students with disabilities so that they can access, participate in and derive benefits from public education..
7Section 504 Defined 504 ELIGIBILITY Must have a physical or mental impairmentImpairment must substantially limit one or more majoractivitiesMust be of an age where services are providedNot an automatic 504 eligibility if referred to specialeducation or determined non-eligible for specialeducationA student must meet eligibility criteria to receive accommodations under a 504 plan.1st, the student must have a physical or mental impairment2nd, the physical or mental impairment must substantially limit one or more major life activities.Having an impairment does not, in and of itself, constitute a disability for Section 504 purposes.It must be emphasized that the development and implementation of Section 504 accommodations occur only when the nature and extent of the student’s physical or mental impairment substantially limits one or more of the student’s major life activities.Therefore, the student must be provided with reasonable accommodations and services to enable the student to access, participate in and derive benefits from public education.3rd, to be entitled to educational services under Section 504, a disabled student must be attending school or be eligible to attend public school.Finally, a 504 plan is not automatic for any student that does not meet special education eligibility or has been recently exited from special education. The proper 504 referral and eligibility procedures must be followed for all students.
8Mitigating MeasuresDistricts must now make their Section 504 determinations based upon the child’s disability as it presents itself without mitigating measures:hearing aids,cochlear implants,medications,mobility devicesuse of assistive technologymedical supplies or equipment,low vision devices --- except eyeglasses or contact lensesAnother thing we know is that when determining whether a person is substantially limited in a major life activity, we ignore the beneficial effects of mitigating measures except ordinary eyeglasses or contact lenses. In the past, the U.S. Supreme Court held the opposite, that you do not ignore mitigating measures. This holding resulted in a lot of people not being covered by the ADA – people with conditions such as epilepsy, diabetes, and mental illness, who controlled their symptoms through measures like medication, good diet, and regular sleep. Prior to the Supreme Court holding, few people questioned whether individuals with these types of conditions had disabilities, but after the holding it was clear that many of them did not, at least not under the ADA definition. The Amendments Act rejected the Supreme Court’s holding regarding the use of mitigating measures. For example, a person with epilepsy who takes medication to control her seizures will most likely be covered under the first part of the new definition of disability because we will consider what her limitations would be without her medication.
9Mitigating MeasuresFor example: A child with a disability has a tutor who helps him with his homework 2-3 hours a day and helps him keep his grades at A or B level. The tutor is a “mitigating measure.” The use of the “mitigating measures” (use of a tutor resulting in better grades) cannot be used to preclude someone with a disability from being a person with a disability whose ability to learn is substantially impaired.
10Section 504 Defined Qualified Individual Must have a physical or mental impairment that substantially limits one or more major life activities: (but not limited to)caring for one’s self, performing manual taskswalking, seeing, hearing, speaking, breathinglearning, working, andeating, sleeping,standing, lifting, bending,reading, concentrating, thinking,communicatingoperation of a major bodily function such as:immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive.Regulations define major life activities as those listed here, however this list is not exhaustive. The team needs to consider which major life activity is substantially limited by the impairment. (Could be more than one major life activity)For example: If a student has asthma or a peanut allergy --- the major life activity affected would be (pause) --breathingWhat about cerebral palsy? (pause) --walkingWhat about a student who can’t pay attention, doesn’t turn in homework, and constantly loses class work? The major life activity being affected here --learningThe team must determine which major life activity/activities are substantially limited by the impairment.
11Section 504 Defined Qualified Individual Do these impairments substantially limit a major life activity?Student with ADHD who is making A’s and B’s on report cardStudent who has an allergy to dogsStudent with a hip disabilityStudent with a milk allergyConsider these scenarios.Think about the student with ADHD who has made academic progress as reflected by A’s and B’s on report cards and scores in the average range on standardized tests (pause) the impairment appears not to substantially limit learning. By definition, a person who is succeeding in regular education does not have a disability which substantially limits the ability to learn, but what about the other major life activities like thinking, concentrating or communicating?Next, consider the student who has an allergy to dogs (pause). The team must consider the severity and nature of the allergy and which major life activity is affected, i.e., breathing, learning, or concentrating.In this case, the classroom teacher must gather more information directly pertaining to educational impact.Next, consider a student who has a permanent hip disability. This impairment may appear not to substantially limit the ability to walk therefore, no major life activity is impacted.However, if the hip disability affected his ability to negotiate the school campus, causing class tardiness and missed instruction, and access to campus………….the team would need to discuss it.Lastly, a student who has a milk allergy --- again, depends on the age of the student and his ability to self-care and the severity of the allergy.
12Section 504 Defined Qualified Individual REASONABLE ACCOMMODATIONS If an impairment substantially limits a major life activity, the student must be provided with reasonable accommodations and services to enable the student to access, participate and derive benefits from public education.If an impairment substantially limits a major life activity, the student must be provided with reasonable accommodations and services to enable the student to access, participate and derive benefits from public education.These accommodations must be linked to the student’s impairment. So, if the impairment is diabetes, would a reasonable accommodation be to extend time on tests? (pause) Possibly if the student is lethargic due to low blood sugar…could an accommodation be to provide a pass to access the health office in order to eat a snack when blood sugar is low?The team must consider accommodations that are related to the student’s functioning, accessing or participating in school.
13Section 504 Defined Qualified Individual A 10th grader with gastrointestinal disorderMissed 35 days of schoolDistrict found him ineligible for Section 504 services because he had passing gradesInformal accommodations, such as absolute bathroom privileges, excusal of tardiness, increased timeline for missed assignmentsOCR determination (Oxnard,CA, Union High School District, 2009), district denied the student FAPE because it failed to consider the impact of his impairment on major life activity other than learning.The district’s eligibility determination conflicted with its decision to offer the student informal accommodations.While learning is one of the major life activities, it is not the only one. There is nothing in Section 504 that says we should only consider the impact of an impairment on learning. A student could be earning straight A’s and still need accommodations.A student with a gastrointestinal disorder missed 35 days of school during his 10th grade year. The District evaluated him for Section 504 services but found him ineligible for services because he had passing grades. Despite this decision, the student received absolute bathroom privileges, excusal of tardiness, and a reasonable period for making up missed assignments. OCR determined the district denied the student FAPE because it failed to consider the impact of his impairment on major life activities other than learning. In addition, the district’s eligibility determination conflicted with its decision to offer the student informal accommodations. While learning is one of the major life activities, it is not the only one. There is nothing in Section 504 that says we should only consider the impact of an impairment on learning. A student could be earning straight A’s and still need accommodations
14Peanut allergies Not an automatic 504 Follow procedure for a referral If eligible, write reasonable accommodations to prevent exposureAsk for medical information or release of informationMay only need a health planRemember just having an impairment or disability does not by itself constitute the need for a plan. The referral process must always be followed.A 504 plan might need to be developed aimed at protecting the child’s safety at school. Accommodations might need to be made to ensure his participation in activities in which he and his peers are engaged for instance lunch, a peanut free table may need to be set up. Arrangements may be necessary to protect him without unreasonably isolating him.The team should consider accommodations that would prevent exposure, like no food sharing, separate the lunches, washing hands, having wipes available for student to wipe down equipment etc.It is reasonable to ask parents for medical information or a release of information so school nurse can speak with doctor to determine severity, symptoms, etc.
15Service DogsNRS “Service animal” defined. “Service animal” means an animal that has been trained to assist or accommodate a person with a disability.NRS1. It is unlawful for a place of public accommodation to:Refuse admittance , orRequire proof that an animal is a service animal.2. A place of public accommodation may:Ask a person accompanied by an animal if the animal is a service animal and what tasks the animal is trained to perform or is being trained to perform.Ask a person to remove a service animal if the animal is out of control and the person accompanying the animal fails to take effective action to control it; or poses a direct threat to the health or safety of others.
17Section 504 Accommodation Plan Sequence Schedule meetingNotify the parent (CCF 504.3)Rights (PUB 505)Summary (CCF 504.1)Meets criteria for eligibility (CCF 504.1)Write plan (CCF 504.1)A 504 meeting must be scheduled and the parents must be provided with written notice as well as the parent rights tri-fold pamphlet inviting them to participate. Original parent notice is filed in the 504 folder.At the meeting, parent rights should be reviewed.The summary of evaluation from a variety of sources should be discussed and documented, eligibility determined and the final step would be to write an accommodation plan.
18This section will be discussed later in Discipline Section. Jane Doe11/23/023rdJFK Elementary School2/20/10EnglishMrs. Johnson3rd grade teacherMrs. DoeParentMr. Lewis504 LiaisonMr. HardingReading teacherExample: The teachers have observed Jane to be distractible and often off task. She has difficulty turning in homework and finishing class work on time. Her work samples show incomplete work. Classroom assessments indicate that she is below grade level in Math and struggles to focus on long written assignments. Medical records indicate that Jane was diagnosed with ADD last year but parents indicate she is not currently taking any medications.ELet’s take a closer look at this form. Complete the first section with the student information. (CLICK)The Summary of Evaluation Data should include information about results from tests, either formal or classroom tests, checklists, student work, medical records, and teacher observations (CLICK)An example of a sufficient summary would be similar to the following (CLICK): the teachers have observed Jane to be very distractible and often off task. She has difficulty turning in homework and finishing class work on time. Her work samples show incomplete work. Classroom assessments indicate that she is below grade level in Math and has difficulty focusing on long written assignments. Medical records indicate that Jane was diagnosed with ADD last year but parents indicate she is not currently taking any medications.Another example of a sufficient summary would be: Student has asthma and many times must leave class to access the nurse therefore missing instruction. The student also fatigues easily. Doctor recommends limited physical activity on windy days and the student should not be forced to participate in certain activities (list them). Student has missed 7 days the past several weeks.Remember to consider and include important parent input.The team is obligated to consider any outside reports or evaluations that the parent may bring.Examples of insufficient summaries would be:Dr. diagnosis; Or just -diagnosis of ADHD.Annual reviewReview of grades, parent input, medical records.Discipline Review will be discussed later.This section will be discussed later in Discipline Section.
19Section 504 Accommodation Plan Sample Summaries…What do you think? Behaviors have greatly improved due to maturity and family’s ability to regulate medications, however parent feels it is in his best interest to continue planTeacher observations indicate that he needs accommodations to be successfulStudent exited from special education but still needs accommodationsLet’s examine some summaries and you judge whether they are sufficient or not. (click)Behaviors have greatly improved due to maturity and family’s ability to regulate medications, however parent feels he still needs a plan (pause)What are the teachers observing and is this disability still affecting his ability to learn? This summary needs more information regarding the student’s learning or other major life activities.(click) The next summary states: Teacher observations indicate that he needs accommodations to be successful. (pause) Does this tell you anything about how the disability is affecting the student’ major life activity? What is impairment and which major life activity is it affecting. What does the teacher observe? This summary is not sufficient.What about the next summary? (click) It states that the student was Exited from SPED but continues to need accommodations (pause) This too would not be a sufficient summary because it gives no information about how the student is doing in school. Simply because a student was in SPED doesn’t mean he is an automatic 504 student. Again teacher input is missing on how the student is performing in class or how the impairment is affecting other major life activities.
20Section 504 Accommodation Plan Sample Summaries…What do you think? Student has been diagnosed with a seizure disorder and experiences petite mal seizures. During these seizures, she misses instruction, or directions, and has difficulty remembering tasks. Teachers report prolonged staring episodes and after these prolonged seizures she has experienced some memory loss requiring re-teaching of some skills. She also becomes extremely tired.Student has a medical diagnosis of ADHD.Student has a peanut allergy.Let’s look at this summary – Student has been diagnosed with a seizure disorder and experiences petite mal seizures. During these seizures, she misses instruction, or directions, and has difficulty remembering tasks. Teachers report prolonged staring episodes and after these prolonged seizures she has experienced some memory loss requiring re-teaching of some skills. She is extremely tired. (pause)This would be a sufficient summary because it gives us enough information to write accommodations that would help her be successful.(click) What if the summary says-The student has a medical diagnosis of ADHD. (pause)This would not be a sufficient summary because it gives no information about how or if the disability is affecting his learning, thinking concentrating etc.(click) What if parent brings in a doctor’s note about a peanut allergy?This would not be a sufficient summary because there is not a variety of sources from which any information was given.
21Seat student close to the source of instruction CLARK COUNTY SCHOOL DISTRICT SECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLANADHDlearning, concentrating, thinkingJane is experiencing academic difficulty and isunable to focus long enough to finish assigned workXSeat student close to the source of instructionCues to remind student to raise hand before speaking /rewarded when she doesWork will be reduced to reflect concept of masteryGive limited amount of work to do at one time with frequent teacher feedbackTeacher will ask student to repeat all directions involving new conceptsAfter the summary is completed, the basis for determination of Section 504 needs must be indicated.There are three elements used for the basis of determination of Section 504 needs. First, the physical or mental impairment must be stated. (click and pause) . In this case, ADHDSecond, the major life activity affected must be identified, (click and pause) learningAnd third, sate the educational impact of the disability. (click) Jane is experiencing academic difficulty and is unable to focus long enough to finish assigned work.The team must then check the appropriate box as it pertains to the eligibility decision (click)The student qualifies for Section 504 accommodations ORThe student does NOT qualify for Section 504 accommodationsLooking back at the evaluation summary, the team must develop reasonable accommodations that are needed for the student to be successful. (click)List the accommodations to fit the need (time, study/work aids, materials, organization, teaching techniques, testing, equipment) Do these accommodations relate to what was stated in the summary??Remember the accommodations must be reasonable and related directly to the disability.The beginning and ending dates must be listed (CLICK) – usually the beginning date is the meeting date and the ending date is one year from that. The ending date means a review meeting must take place on or before that date(CLICK) Remember to DOCUMENT that that a copy of the procedural safeguards was given2/20/102/20/11X2/20/10
22Jane Doe11/23/023rdJFK Elementary School2/20/10EnglishMrs. Johnson3rd grade teacherMrs. DoeParentMr. Lewis504 LiaisonMr. HardingReading teacherExample: Jane has been diagnosed with a peanut allergy which is severe. Her reactions are so severe whenever she comes into contact with any peanuts or peanut products, she needs an EPI pen. Medical records and a conference with student’s doctor confirm that ………………………..EIn the summary, use a variety of sources of information to give a “snapshot” of this student and how the impairment is manifested. The teacher may have information about if the allergy is affecting learning, it may not. They team needs to summarize how exposure to peanuts will affect the student, therefore leading the team into accommodations that would prevent exposure.
23CLARK COUNTY SCHOOL DISTRICT SECTION 504 EVALUATION SUMMARY AND ACCOMMODATION PLAN Peanut allergiesBreathing, eatingAfter the summary is completed, the basis for determination of Section 504 needs must be indicated.There are three elements used for the basis of determination of Section 504 needs. First, the physical or mental impairment must be stated. (click and pause) . In this case, peanut allergySecond, the major life activity affected must be identified, (click and pause) breathing, eatingAnd third, sate the educational impact of the disability. (click) At this time, no educational impactThe team must then check the appropriate box as it pertains to the eligibility decision (click)The student qualifies for Section 504 accommodations ORThe student does NOT qualify for Section 504 accommodationsLooking back at the evaluation summary, the team must develop reasonable accommodations that are needed for the student to be successful and access the school environment.See following slides for reasonable and unreasonable accommodations.2/20/102/20/11X2/20/10
24Reasonable Accommodations? Administration will maintain a “peanut safe” school.Peanut products will be removed from school menu and snack bar.Student’s teachers will establish a peanut-free classroom and conduct on-going awareness training to educate students.The principal will educate parents and parent volunteers on importance of preventing life-threatening allergies.School staff will provide same opportunities and conditions for the student as for his peers.Teacher will not allow projects that contain peanuts or peanut products.Peanut allergy Alert will be posted on student’s classroom door.Principal will notify all parents not to pack peanut product foods in their child’s lunches.Nurse will train staff to understand life-threatening food allergies and proactively respond to allergen exposure in children and to administer medical care with Epi-pens.School counselors will proactively address bullying and/or other behavioral/emotional concerns related to food allergies by discussing this in class during bullying presentations.This is a list of some accommodations that some parents have submitted to schools to be included in 504 plans. The team needs to consider them and decide whether they are reasonable.Many times the administration or nurse will inservice staff on the life –threatening food allergies and put certain things in place but accommodations are written for how the school will accommodate the student to “level the playing field”. We do not want to post a sign that would discriminate against the student, may want informational posters in lobby. Remember the accommodations are for the student.Look at the next slide for some suggestions for accommodations that are more reasonable.
25Reasonable Accommodations? Upon entering the classroom, teacher will remind student to wash hands.The teacher will monitor the child to ensure he will only consume food considered safe provided from the child's home.Provide a peanut free table.In the event that questionable foods are being served or brought into the classroom...the child will have access to a safe and fresh safe snack (safety snacks) which will be pre-approved by his/her parents.To avoid cross-contamination, the teacher will separate the students’ lunches.Teacher will instruct students on food sharing policies in the classroom that state…A package of wipes will be next to the computer to be used ...In the event a substitute is covering a class, the following procedure will be followed…Here are some suggestions for reasonable accommodations that may apply to students with peanut allergies or other food allergies.Discuss
26Section 504 Accommodation Plan Annual Review Team must formally review progressParents must be notified and provided with procedural safeguardsTeam must determine the student’s continued need for 504 support – if 504 support is required, team must write a new plan for the upcoming 12 month period(refer to manual page 22)(CLICK) It is necessary that at least annually, the 504 team must formally review progress relative to the current 504 accommodation plan. This means it is the school’s responsibility to schedule a meeting on or before the date the plan ends. Of course, during the course of a school year, any 504 team member or the parent may request a meeting to review progress or change accommodations.(CLICK) Parents must be notified in writing of 504 meetings by sending them the CCF Parent Notification Letter and be provided with their procedural safeguards.(CLICK) As part of the review, the team must determine if the student continues to require 504 accommodations; is there still a disability which substantially limits a major life activity? - If continued Section 504 support is required, then the team must also determine whether the accommodations and services identified in the current plan remain reasonable, appropriate and necessary for the student. In those cases where continued support is required, the team must write a new plan for the upcoming 12 month period.
27Section 504 Accommodation Plan Parent Disagrees Provide parents with procedural rights (PUB 505)Send Intent to Implement to parent(CCF 509, Parent Notice of Section 504 Intent to Implement or Refusal Action)Parents may discuss concerns with Site AdministratorsVoluntary Grievance ReviewRequest an impartial due process hearingIn summary, if a parent or a student 18 years or older disagrees with any decisions made by the team, they must be provided with their procedural safeguards, Publication 505 tri-fold.The team must complete an “Intent to Implement” which is one of the purposes of the CCF 509 Parent Notice of Section 504 Intent to Implement or Refusal Action.Parents also have a right to exercise CCSD Dispute Resolution Procedures which they must initiate within 30 calendar days of the written notice for the refused action (the intent to implement CCF-509)The first step of the voluntary grievance review would be at the building level, the second step is a review by the superintendent. If the issues have still not been resolved, the parent can request an impartial due process hearing.Parents should always be encouraged to discuss their concerns with Site Administrators in an attempt to resolve any issues.
28Any actions refused by CCSD must be noted on CCF 509, Parent Notice of Section 504 Intent to Implement or Refusal Action.(CLICK)The top half of the form is an Intent to Implement and would be used by the team when a parent disagrees with a team’s decision concerning accommodations/supports, or placement.The middle of the form is for Refused Actions and would be used by the team when the district refuses an action. For example, a parent requests a 504 plan because the student has ADHD. The team refuses the 504 plan because the student is working above grade level indicating that the ADHD has no educational impact. The team would then complete the Refused Actions section of this form:Section A allows the team to identify what parent request they are refusingSection B allows the team to identify why they are refusing the parents requestA copy of parent/student rights under section 504 must be given to the parents with this notice of refusal within 7 calendar days.
29The accommodations are reasonable to meet the student’s needs. 1. Seat student close to the source of instruction2. Cues given to remind student to raise hand before speaking and will be rewarded when she does3. Work will be reduced to reflect concept of mastery4. Give student a limited amount of work to do at one time with frequent teacher feedback5. Teacher will ask student to repeat all new directionsThe accommodations are reasonable to meet the student’s needs.to include all accommodations requested by the parent.The CCF 509, Parent Notice of Section 504 Intent to Implement or Refusal Action is used when a parent disagrees with the proposed 504 plan or when the District refuses an action that a parent has requested. This form has changed over the years and can be accessed through District forms on the District website. As you can see by the title, this form has 2 sections.For example, the parent is requesting to incorporate ADHD accommodations recently downloaded from the internet. The school team discussed the accommodations and does not believe that the entire list of accommodations is reasonable.(CLICK) Section A of the Intent to Implement needs to state the accommodations that will be implemented(CLICK) Section B of the Intent to Implement is where the team explains the reasons for this decision.In Refused Actions, Section A, the team would state that the District is refusing to include the remaining accommodations. (CLICK)(CLICK) And Section B will then state why they are refusing to implement those requested accommodations(pause)As you can see, (CLICK) the parental rights, CCF-505, the tri-fold, must be attached and the box checked.accommodations are not reasonable and are not necessary to ensure progress in the general educationcurriculumX
31Section 504 Standardized Testing Accommodations Accommodations related to disabilityAccommodations can not alter nature, content, or integrity of testUse approved accommodation list (list on Interact)Accommodations in plan should drive the testing accommodationsClick ----The Nevada Dept of Education allows testing accommodations in state-sponsored standardized testing under the following circumstances: first , the student has been determined in need of Section 504 support and has a current plan. Second, the recommended accommodations are related to the student’s educational disability and are justified, and finally, --- click --- the recommended accommodations can not significantly change the nature, content or integrity of the tests.Click --- The State Dept has published criteria for state-sponsored standardized test administration as well as a listing of permissible accommodations for students with Section 504 plans. This list is updated every year and can be found on the 504 icon through InterAct. This form should be included at every initial and annual review meeting. Testing accommodations need to be addressed and if the team determines that no accommodations are needed, that box on the form should be checked.The 504 team determines whether a student who is receiving Section 504 support requires accommodations for group-administered standardized testing. If so, they must be included in the accommodation plan. Accommodations that are not permissible by the State Dept should not be written in the plan.Click --- When the team is determining the need for testing accommodations, the team must consider whether similar accommodations are needed for the student in other testing situations. It would not be appropriate for a student to be on a 504 plan solely for standardized testing accommodations. The summary and the accommodations in the plan should drive any testing accommodations.
33Section 504 Discipline Same process as required by the IDEA Requires the 504 team to determine, during the discipline review:whether the behavior was caused by or had a direct and substantial relationship to the disabilityand whether the student’s Section 504 Accommodation Plan was implementedThis process is the same as the discipline review process for students with disabilities as required by the IDEA. This revised process requires the 504 team to determine, during the discipline review, whether the behavior was related or unrelated to the disability of the student. In order to determine this the team must review two factors:Was the behavior caused by or had a direct and substantial relationship to the disability andWas the conduct in question a direct result of the District’s failure to implement the student’s Section 504 Accommodation Plan.A yes answer to either of these questions indicates that the conduct subject to the disciplinary action IS a manifestation of the Student’s disability and discipline must stop.
34Section 504 Discipline “Significant change of placement” Timeline When a student on a plan accumulates 10 suspension daysTimelineHold meeting immediately, if possible, but no later that 10 school daysAlternative Instructional Arrangements (AIA) must begin on day 11MembersMust include persons knowledgeable about the student, (suggested school staff may include teacher(s), school psychologist, 504 liaison, counselor, etc.)(CLICK) When a student with a 504 plan accumulates 10 suspension days in a given school year, or commits any serious discipline infraction (drugs/weapons), the 504 team must reconvene to determine whether the incident was related or not.(CLICK) This meeting must be held as soon as possible but no later than 10 school days after the incident occurred. Parents must be given written notice of this meeting.(CLICK) The team must be comprised of staff knowledgeable about the student and including one of more of the student’s current teachers.
35Section 504 Discipline Decision Related Not Related Consider all relevant available informationRelatedDiscipline must stopNot RelatedDiscipline can continue(CLICK) At the meeting, the team must consider all relevant, available information and draw upon a variety of sources of information, including any recent or current input provided by staff or parents. This information could include evaluation and diagnostic results, current teacher input, any relevant information supplied by parent, and observations of the student.(click) Based on the information and discussion of the team members, a decision must be made if the behavior is related or not. If the team determines that the behavior is related – no long term disciplinary action can occur and continued educational services are warranted.(click) If the team finds the behavior unrelated – discipline may be taken to an extent equal to that taken for non-disabled students.
36(CLICK) The results of the disciplinary review meeting are documented on the CCF under Discipline Review. This form has been revised and the Discipline Review has been separated from the Summary of Evaluation Data. This is the same form used for writing initial and annual accommodation plans.(CLICK) For a discipline review, only the indicated sections must be completed. However, if the 504 accommodation plan is modified, the entire form must be completed..
37Section 504 Discipline Review Team determines whether behavior is oris not related to impairmentAdministration determines disciplinaryactionCCF Discipline Review504 and discipline folder to AreaOffice if suspension/expulsion pursuedClick The discipline review meeting is to decide whether the behavior is related or not. The purpose of this review is to ensure that the disabled student is not disciplined for a behavior that is a result of his disability or a plan that has not been implemented. If the team determines that the incident is related, then the student may not be excluded from his or her current placement as a disciplinary action. If the team determines that the behavior was not related to the disability, then the student may be disciplined in the same manner as non-disabled students.Click The 504 team determines if the behavior was related or not, administration determines disciplinary action.Click The information discussed by the team is documented on the Section 504 Accommodation plan CCF under the Discipline ReviewClick ---The 504 and discipline folder must be forwarded to the region office for review if suspension or expulsion is being pursuedRemember, if the team determines that the behavior is related, no long term disciplinary action can occur, and continued educational services are warranted.
38Section 504 Supplementary Home Services or Homebound Services
39Section 504 Supplementary Home Services Chronic illness that results in frequent intermittent absencesInvolvement of school nurseTeam decision(Appendix I in Manual)Supplementary Home services refers to a program of instruction for students with chronic medical illnesses that are likely to result in frequent intermittent absences throughout the school year. This program enables a student to automatically receive direct instruction at home after a designated number of absences (as determined by the team). The determination of whether or not a student with disabilities requires supplementary home instruction services under Section 504 is the responsibility of the 504 team. If the team identifies such services are required, then supplementary home services must be written into the Accommodation Plan. An example of this might be a student who has asthma and the asthma causes disability related absences. An accommodation might be –if the student misses 2 out of 5 days, an hour of supplementary home instruction will be provided.When the team, including the nurse, determines these services are required, the parent needs to be provided with the supplementary home services referral. This form is explained by the nurse and must be given to the licensed health care provider by the parent. Only after this form has been completed by the parent, health care provider and school personnel, can the request be processed. This form can be obtained through the school nurse or it can be found in the 504 manual in Appendix i.
40This is the form that needs to be completed for the provision of supplementary home services for elementary aged students.
41This is the form to be used for secondary aged students.
42Section 504 Homebound Services Homebound: CCF-529Parent and health care provider must complete top sectionsNurse/psychologist finishes Section IIISend to Homebound Office(Appendix I in Manual)Clark County School District provides a program of instruction for school aged students who are unable to attend classes due to injury, illness or mental disorders where confinement in the hospital or in the home is expected to be at least 15 consecutive school days.A referral must be completed by the parent, the health care provider, and the nurse or school psychologist and then sent to the homebound office. For more information on the homebound process, please refer to the 504 manual in Appendix i.
44Transportation Plan must indicate a need School nurse participation Information to Transportation DepartmentRequest is required yearly, not annuallyTransportation MAY be available to 504 students with temporary or chronic conditions. Some examples of medical needs are severe asthma, broken leg, wheelchair user, heat intolerance, muscular dystrophy, etc. The need must be documented on the form.The school nurse is an important member of the team for students and will help determine the 504 student’s need for transportation. A representative from the transportation department must be notified of the student’s need and invited to attend the 504 meeting.Eligible students must be identified. When they no longer require the service, they must be removed from transportation eligibility.At the conclusion of the 504 meeting the accommodation plan identifying the student’s special transportation needs must be faxed to Transportation. Pick up and drop off addresses are included in this request along with emergency contacts.This request for Transportation must be renewed at the beginning of each school year.Additional information in completing these forms is available in your Handbook, Appendix J, Transportation Procedures.(Appendix J in Manual)
45(CLICK) The top section of the request form for medical transportation provides information concerning the student and his or her need for transportation.(CLICK) The middle section of the form is completed by a licensed health care provide.The licensed health care provider section is not required for students with obvious medical conditions such as a wheelchair user or a broken leg.(CLICK) The school nurse completes the last section.
48Section 504 Out of District Plans Request out of district recordsImplement current 504 plan until convening of District 504 meetingorWrite an interim plan if out of district plan is unreasonableHold initial meeting within 30 days of implementationUnable to confirm prior 504 plan, follow initial referral procedures(Page 24 in Manual)(Click) When a student moves to the Clark County School District from another school district and has received, or is suspected of having recently received Section 504 support , school personnel must contact the student’s previous district to request records.(Click) If a student has a current 504 plan from out of district, the school must immediately implement the accommodations. If the accommodations are unreasonable, the team may use out of district information to write an interim 504 plan.(Click) However, within 30 days the school’s 504 team must meet to determine the student’s continued need for 504 support. At this point you would follow the procedure for a 504 annual review.(Click) If school personnel cannot confirm Section 504 services from the previous district, the student is considered an initial referral. The 504 team will convene a meeting and follow initial procedures.Please refer to pages of the handbook for more information concerning out of district students
50Section 504 Exit Procedures CCF-504.1 No longer needs supportTemporary impairmentReceiving Special Ed servicesA student may only be exited from Section 504 support under the following circumstances:(CLICK) The student’s disability no longer substantially limits a major life activity, therefore 504 support is no longer needed(CLICK) A temporary impairment such as a broken leg, no longer exists(CLICK) Or the student has been identified as eligible to receive special education services(CLICK) Because sufficient documentation is required to complete the exiting process a formal 504 meeting must be heldIf a parent requests to exit their child from 504 services, the school team must schedule a meeting for the team to meet and discuss whether or not the student continues the need for a plan.Parent request is not sufficient. A formal 504 meeting must be held to exit.(Page 34 in Manual)
51Section 504 Exit Procedures DocumentationRe-evaluationParent notificationRightsTeam makes decision based on input fromschool staff and parent (CCF-504.1)School registrar must remove code(CLICK) When exiting a student from 504 services, it is necessary to follow reevaluation procedures. A decision to use formal or informal assessments is made by the team. These procedures for evaluation are outlined in Module 3.A Section 504 meeting must be held with required parent notification.The parents must be provided with their procedural rights.(CLICK) During the meeting, the team, including parental input, must identify the student’s current academic, social/behavioral performance, as well as medical information. Reasons must be stated as to why accommodations and services are no longer needed. This information is documented under the Summary of Evaluation Data section on the CCF(CLICK) After the determination to exit the student has been made, the 504 liaison must notify the school registrar must remove the 504 code in SASI.
53This is the Section 504. 6 folder This is the Section folder. All Section 504 paperwork is filed in this folder. This includes: prior notices, referrals, evaluation, plans, copy of tracking log and other pertinent information.On the right side of the folder is a record of access that must be completed each time staff accesses the folder.On the left side of the folder is a contact report where all contacts are documented
54Section 504 Records CCF-504.6 (504 folder) prior notices referral evaluationaccommodation plansother pertinent informationMaintain 504 folder in cumulative fileAll the original forms must be maintained in a CCF (504 folder). These forms include all prior notices, referrals, evaluation, plans, and other pertinent information.This folder must be kept in the student’s cumulative folder.Copies of the forms may be kept in the liaison’s office.
55Section 504 Records Access List posted Parents have right to inspect/request copiesParent consent required to disseminate information to outside agencies(CLICK) Educational records are those records, files, documents and other materials which contain information directly related to a student and are maintained by an educational agency or by a person acting for the agency. Access to a student’s records is restricted to staff having legitimate educational interests. An access list must be posted near the files. This list can be downloaded from the Section 504 icon on Interact.(CLICK) Parents have the right to inspect educational records for their respective children and request copies of these records.The district is responsible for providing parents with the opportunity to access and inspect educational records within a reasonable period of time, no more than 45 calendar days.(CLICK) For dissemination of educational records to any outside agency, individual, or institution, written consent from the parent is required.
57Section 504 Building Liaison Develop and maintain a log of referralsLiaison only for students with 504 plansCheck SASI for 504 studentsEnsure procedures are in place for distributionRecords maintenance & notificationrequirementsCommunication & problem solvingStaff developmentAll Clark County schools are required to follow Section 504 implementation procedures. Every school must have an identified Section 504 building liaison. This person may be any administrator or licensed staff other than a special education staff member.The building liaison is responsible for:(CLICK) First, developing and maintaining a log of referrals.(CLICK) Second, maintaining an updated list of 504 student’s enrolled at the school. This information can be accessed through SASI.(CLICK) Third, distributing copies of the accommodation plans to the appropriate educational staff according to the school wide distribution procedures.(CLICK) Fourth, maintaining records, ensuring timelines are followed and notifying parents and staff of meetings.(CLICK) Finally, The building liaison is often the point of contact through which all questions will be directed at the school site.The principal or other site-based administrator is responsible for ensuring that appropriate information and in-service activities regarding Section 504 are provided to staff members.