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San Diego County Office of Education Student Support Services Department Welcome to the Section 504 of the Rehabilitation Act of 1973 Workshop We will.

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Presentation on theme: "San Diego County Office of Education Student Support Services Department Welcome to the Section 504 of the Rehabilitation Act of 1973 Workshop We will."— Presentation transcript:

1 San Diego County Office of Education Student Support Services Department Welcome to the Section 504 of the Rehabilitation Act of 1973 Workshop We will begin shortly…

2 San Diego County Office of Education Student Support Services Department Presented by Loretta Middleton Senior Director, Student Support Services/Section 504 Hearing Officer San Diego County Office of Education

3 San Diego County Office of Education Student Support Services Department Introduction Pop-ups  Name  School/District  Position  My position in relationship to Section 504  Number of Section 504 Accommodations of which I have been a part  Why I’m here

4 San Diego County Office of Education Student Support Services Department Goals To provide participants with the necessary skills to identify and serve the needs of Section 504 students.

5 San Diego County Office of Education Student Support Services Department Objectives To provide an overview of Section 504 of the Rehabilitation Act of 1973 and the recent revisions effective To provide an update regarding changes in the ADA and Section 504 Rehabilitation Act. To compare IDEA requirements with Section 504. Top provide information regarding discipline and protection of eligible 504 students. To provide information regarding discipline and protection of eligible 504 students. To provide an overview of procedures, forms, parents rights and discipline. To provide participants with an overview of the multidisciplinary process.

6 San Diego County Office of Education Student Support Services Department Statute Section 504/ADA is a civil rights statute that prohibits discrimination. Like the sister statutes of Title VI (race) and Title IX (gender), Section 504/ADA focuses on discrimination based solely on disability.

7 San Diego County Office of Education Student Support Services Department Civil Rights Section 504 is often referred to as the first civil rights act for individuals with disabilities. Section 504 applies to students, parents, employees, and other individuals with disabilities.

8 San Diego County Office of Education Student Support Services Department Section 504 Subpart A—General Provisions Subpart B—Employment Practices Subpart C—Physical Accessibility Subpart F—Health, Welfare, and Social Services Subpart G—Procedures Subpart D—Preschool, Elementary, and Secondary Education Subpart E—Postsecondary Education

9 San Diego County Office of Education Student Support Services Department Americans with Disabilities Act Community Focus School Focus Special Education IDEA Section 504/ADA Relationships

10 San Diego County Office of Education Student Support Services Department Section 504 “Don’t shoot me…. I’m just the piano player!” -Elton John “We’re all in this together.” -Eric Haldeman (Nixon Advisor) “I’m just the messenger.” -All of us, at one time or another

11 San Diego County Office of Education Student Support Services Department Section 504  Est. As Part of the Rehabilitation Act of 1973 “No otherwise qualified individual with handicaps in the United States shall solely by reason of his/her handicap, as defined in Section 706(8) of this title, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.” (29 U.S.C. Sec. 794)

12 San Diego County Office of Education Student Support Services Department Section 504 On September 25, 2008 President Bush signed into law the American with Disabilities Amendment Act (ADA) of 2008.

13 San Diego County Office of Education Student Support Services Department Section 504 The new law became effective January 1, 2009.

14 San Diego County Office of Education Student Support Services Department Section 504 Congress has placed a huge emphasis on discrimination in the revised 2009 law.

15 San Diego County Office of Education Student Support Services Department Section 504 The Act expands the scope of disabilities under the ADA and Section 504 of the Rehabilitation Act of 1973 as well as protections to employees and students.

16 San Diego County Office of Education Student Support Services Department Section 504 The Act rejects four (4) United States Supreme Court decisions which limited the scope of protection for individuals with disabilities.

17 San Diego County Office of Education Student Support Services Department Section 504 The 4 decisions are: 1) Sutton v. United Air Lines, Inc. 527 U.S. 471 (1999) 2)Murphy v. United Parcel Service 527 U.S. 516 (1999)

18 San Diego County Office of Education Student Support Services Department Section 504 The 4 decisions continued… 3) Albertsons, Inc. v. Kirkingburg 527 U.S. (1999) 4)Toyota Mfr. Kentucky Inc. v. Williams 534 U.S. 184 (2002)

19 San Diego County Office of Education Student Support Services Department Who Is a 504 Person/Student?  504 Regulation 34 CFT 104.3(j-l) defines: “a person with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.”

20 San Diego County Office of Education Student Support Services Department  The actual language of the definition remains the same but the Act expands the meaning of disability

21 San Diego County Office of Education Student Support Services Department What does “SUBSTANTIALLY LIMITS” mean??? Congress has rejected previous clarifications by the court

22 San Diego County Office of Education Student Support Services Department  The Act broadens “substantially limits” by explaining that an impairment that substantially limits one major life activity does not have to also limit other major life activities.

23 San Diego County Office of Education Student Support Services Department  Also…even if an impairment that is eposodic or in remission can meet the “disability requirement” if it substantially limits a major life activity when active.

24 San Diego County Office of Education Student Support Services Department Substantially limits means considerable or to a large degree The Supreme Court clarified the identified major life activity must be of central importance to daily life. (Toyota Motor Co. v. Williams, 534 U.S. 184, ) RECENTLY PARTICIALLY REJECTED BY CONGRESS!

25 San Diego County Office of Education Student Support Services Department The Toyota ruling determined that substantial limitation means a limitation that affects a person’s ability to perform an activity in relation to the average person in the general population. This was rejected by Congress. This was rejected by Congress.

26 San Diego County Office of Education Student Support Services Department T.J.W. By Butler v. Dothan City Board Of Education (D.C. Alabama 1997) 26 IDELR 999. *In determining whether a student’s mental or physical impairment substantially limits the major life activity of learning, the district should compare the student’s academic progress to that of “the average child,” not a child of similar intellectual potential. This was completely rejected by Congress.

27 San Diego County Office of Education Student Support Services Department A student is still not “substantially limited” simply because the student is not reaching his or her potential

28 San Diego County Office of Education Student Support Services Department Block v. Rockford, 2002 WL (N.D. III.2002 Applying the Supreme Court decision in Toyota, a court found a student did not qualify for 504 protections at school where her disability did not substantially limit the life activity of breathing beyond the school site. Rejected by Congress. Now it is as long as the disability substantially limits a life activity in the school setting, it must be regarded as qualified under Section 504.

29 San Diego County Office of Education Student Support Services Department Costello v. Mitchell Public School District (8th Cir. 2001)

30 San Diego County Office of Education Student Support Services Department Must be substantial as determined by the multi-disciplinary team. (Still true) Major life activity must be of central importance to most people’s lives – rejected by Congress January Must be assessed in corrected condition - e.g. with glasses, inhaler etc.* - rejected by Congress January 2009.

31 San Diego County Office of Education Student Support Services Department The Act now instructs that school districts can no longer consider mitigation measures to determine whether an impairment substantially limits a major activity except for the use of ordinary eyeglasses or contact lenses.

32 San Diego County Office of Education Student Support Services Department Congress stated that the determination whether an impairment substantially limits a major life activity shall be made without regard to ameliorative effects of mitigating measures such as medication, medical supplies, equipment or other devices.

33 San Diego County Office of Education Student Support Services Department In determining whether a student’s disability substantially limits a major life activity entitling the student to FAPE, the School/District will typically focus on Learning Behavior

34 San Diego County Office of Education Student Support Services Department Section 504: Disability Defined Physical or Mental Impairment**Major Life Activities** Record of Impairment** Regarded Impairment** Physiological disorder, contagious disease, cosmetic disfigurement or anatomical loss in one or more system: Neurological Musculoskeletal Respiratory Cardiovascular Reproductive Digestive Bowel * Genito-urinary Hemic Lymphatic Skin Endocrine Immune System *** Normal Cell Growth *** Bladder *** Reproductive Functions *** Mental or psychological disorder including: Mental retardation Organic brain syndrome Emotional or mental illness Specific learning disabilities Major life activities include: Self-care Manual tasks Walking Seeing Hearing Speaking Breathing Sitting Standing *** Reaching Thinking *** Concentrating *** Reading *** Communicating *** Interacting with others Learning Working Eating *** Sleeping *** Lifting *** Bending *** The individual has: A history of impairment A record of having been misclassified as having an impairment The individual has: An impairment not limiting a major life activity, but treated as disabled by the covered entity No impairment, but treated as disabled by the covered entity Substance Abuse (recovering alcoholic or addict* * Does not include current, illegal drug abusers. ** (34 Code of Fed Reg. Part 104.3) *** Added in new amendments by Congress effective January 1, Non-exhaustive list.

35 San Diego County Office of Education Student Support Services Department Also included in the 2009 law are major bodily functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory.

36 San Diego County Office of Education Student Support Services Department Section 504 Disability Defined  Self-care  Manual tasks  Eating *  Sleeping *  Walking  Seeing  Hearing  Speaking  Breathing  Sitting  Standing *  Bending *  Lifting *  Reaching  Reading *  Thinking *  Concentrating *  Communicating *  Interacting with others  Learning  Working Major Life Activities** Major life activities include: * Added 1/2009 ** (34 Code of Fed Reg. Part 104.3)

37 San Diego County Office of Education Student Support Services Department Section 504 Disability Defined  An impairment not limiting a major life activity, but treated as disabled by the covered entity or  No impairment, but treated as disabled by the covered entity  These do not require accommodations; however, they may still be protected by law. Regarded Impaired** The individual has: ** (34 Code of Fed Reg. Part 104.3)

38 San Diego County Office of Education Student Support Services Department A Record of Impairment For the purposes of protection: EXAMPLES of individuals who have a record of an impairment are persons who have histories of mental or emotional illness, learning disabilities, asthma, heart disease, cancer, etc. (who are recovering or managed by medication) and students in special education.

39 San Diego County Office of Education Student Support Services Department Definition of Eligibility For the purposes of protection: Is regarded as having an impairment.

40 San Diego County Office of Education Student Support Services Department Illustration of Regarded as Disabled Anna, a student with mild diabetes controlled by medication, is barred by the staff from participation in certain sports because of her diabetes. Even though Anna does not actually have an impairment that substantially limits a major life activity, she is protected under Section 504 because she is treated as though she does.

41 San Diego County Office of Education Student Support Services Department Eligibility There are attitudinal barriers and architectural barriers that affect the educational placements of students.

42 San Diego County Office of Education Student Support Services Department Definition Issue NOTE: The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having an impairment” are relevant only when some negative action is taken based on the perception or record. “This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered.” (OCR Policy Memorandum, August 3, 1992) However, such discrimination can result in costly litigation.

43 San Diego County Office of Education Student Support Services Department January 2009 Congress clarified that students regarded as having an impairment do not automatically qualify for accommodations/services.

44 San Diego County Office of Education Student Support Services Department Eligibility Every person eligible for Section 504 will not necessarily be eligible for special education.

45 San Diego County Office of Education Student Support Services Department Eligibility Every person eligible for special education is also protected under Section 504.

46 San Diego County Office of Education Student Support Services Department Accommodations Modifications made by classroom teacher(s) and other school staff to enable the students to benefit from their education program. A plan should be developed outlining services and/or accommodations.

47 San Diego County Office of Education Student Support Services Department Parent and Student Involvement The parents and the potential 504 student should be included in the 504 process whenever possible.

48 San Diego County Office of Education Student Support Services Department Documentation It is important to document evaluation results, eligibility determination, services, and placement issues regarding each student. DOCUMENTATION IS ALWAYS A BEST PRACTICE.

49 San Diego County Office of Education Student Support Services Department Referral Referrals are accepted from parents, professional staff, students, and/or other staff members. The problem(s) and previous remedies are considered and reviewed.

50 San Diego County Office of Education Student Support Services Department Notification The school notifies the parents or guardians, in writing, of the schools’ reason and intent to conduct an evaluation. The notice should include a description of the evaluation and procedural safeguards. Parental consent would be considered best practice for all Section 504/ADA evaluations. (See Forms & Notices - Page 6 for form.)

51 San Diego County Office of Education Student Support Services Department Evaluation is the district’s responsibility by law and always has been.

52 San Diego County Office of Education Student Support Services Department Issues for Team Consideration The following factors are considered by a team knowledgeable about the student and the disability: –Evaluation results –Section 504/ADA eligibility (remember the list was expanded January 2009) –The student’s unmet needs –Services and/or accommodations based on eligibility –Possible staff inservice –Least Restrictive Environment (LRE) –Remember, you can no longer consider mitigating circumstances.

53 San Diego County Office of Education Student Support Services Department Implementation The school staff makes the necessary accommodations to allow for the student’s disability. Parents should be consulted and given opportunities for input. The accommodations and/or services are then implemented.

54 San Diego County Office of Education Student Support Services Department Review Each student’s accommodations and/or services are reviewed periodically. Best practice would be at least annually.

55 San Diego County Office of Education Student Support Services Department Review Primary Responsibilities under Section Evaluation: Conduct an evaluation that is adequate for that child. Evaluations should be unique to the case and individual. Must determine IF there is a disability. 2.Meeting: Convene a group of people knowledgeable about the child, the disability, and his/her academic needs. 3.Placement: Determine placement and related services (accommodations) to make the disabled student equal to the nondisabled student.

56 San Diego County Office of Education Student Support Services Department Free Appropriate Public Education (FAPE)—IDEA Requires FAPE be provided to only those protected students who, because of a disability, need special education or related services. Defines FAPE as special education and related services, delivered under an IEP that meets State and federal standards. A student can receive related services under special education if, the student is provided special education and needs related services to benefit from special education. Requires a written IEP document with specific content and a required number of specific participants at the IEP meeting.

57 San Diego County Office of Education Student Support Services Department Free Appropriate Public Education (FAPE) Section 504/ADA Requires FAPE be provided to only those protected students who, because of a disability, need general education accommodations, or special education and related services. Defines FAPE as general or special education and related aids and services, to meet the needs of the individual student.

58 San Diego County Office of Education Student Support Services Department OCR Enforcement Discrimination issues: Disability, race, gender, age, sexual orientation or gender identity

59 San Diego County Office of Education Student Support Services Department Definition Issue NOTE: The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having an impairment” are relevant only when some negative action is taken based on the perception or record. “This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered.” (OCR Policy Memorandum, August 3, 1992) However, such discrimination can result in costly litigation.

60 San Diego County Office of Education Student Support Services Department Levels of Service  General Education  Section 504  I.D.E.A.

61 San Diego County Office of Education Student Support Services Department IDEA/504 Students Students are qualified under one or more of thirteen (14) IDEA disabling conditions. Specially designed individual education programs are planned for each student by IEP teams. Section 504 Students Only Due to substantial mental or physical impairments that limit one or more of the student’s major life activities, special accommodations to the student’s program are required. A 504 accommodation plan is designed for each student according to individual need. Examples of potential 504 disabling conditions not typically covered under IDEA are:  communicable diseases – HIV, tuberculosis  medical conditions – asthma, allergies, diabetes, heart disease  temporary medical conditions due to illness or accident  Attention Deficit Disorder (ADD, ADHD)  recovering alcoholics and addicts  other conditions Student Population Regular education only students 504 only students IDEA & 504 students

62 San Diego County Office of Education Student Support Services Department Historically in this area…. Who gets a 504? GENERALLY, the students with:  Temporary disabilities (substantial & extended)  Permanent disabilities

63 San Diego County Office of Education Student Support Services Department Examples of Students with Disabilities Who May be Eligible Under Section 504 HIV/AIDS Tuberculosis Arthritis Asthma Allergies Diabetes Obesity Epilepsy Heart Disease Chronic Fatigue *Pregnancy Orthopedic *It depends *Special Education—Qualified Students Conduct Disorder Temporary Disability ADD/ADHD *Drug and Alcohol Migraine Headache TBI—Traumatic Brain Injury Cerebral Palsy Cancer Multiple Sclerosis *“Slow learners”

64 San Diego County Office of Education Student Support Services Department DOES EVERYONE GET A 504 PLAN WHO ASKS FOR ONE? NO!!!!! The question is… IS THERE AN ACTUAL OR PERCEIVED DISABILITY AND… IS A MAJOR LIFE FUNCTION LIMITED SUBSTANTIALLY?

65 San Diego County Office of Education Student Support Services Department Exclusions (if specifically for one of these reasons only) Children who are limited English proficient Children actively using alcohol or other drugs Children from poor family conditions “Slow learners” without suspected disabilities A student who is pregnant (covered primarily under Title IX)

66 San Diego County Office of Education Student Support Services Department What Does This Mean to Schools? must We must provide an appropriate education such that:  Educational services are designed to meet the individual needs of children with disabilities as adequately as the needs of non-disabled persons are met (accommodations).  Each child with a disability is educated with non-disabled children to the maximum extent appropriate to the needs of the child with a disability.  Procedural safeguards for student and parents rights are in place.

67 San Diego County Office of Education Student Support Services Department What Does This Mean to Schools? (continued) must We must provide an appropriate education such that:  Nondiscriminatory evaluation and placement procedures are to be established to guard against misclassification or misplacement of students, and periodic reevaluation of such students.  Must be individualized  Must be conducted before initial placement and a subsequent significant change in placement.

68 San Diego County Office of Education Student Support Services Department What Does This Mean to Schools? (continued) Nondiscriminatory evaluation that:  Instruments used must be valid for the purpose in question and must be administered by trained personnel.  Must evaluate specific areas of need not just general intelligence, i.e., academic, social, emotional, fine and/or gross motor skills, etc.  Must reflect aptitude not sensory limitations or lack of English language fluency.  The parent must not be required to get a doctor’s diagnosis.  Districts may ask if they have a diagnosis which may assist the multidisciplinary team in making it’s decision.  Cannot be delayed while waiting for a diagnosis or evaluation from an outside individual.

69 San Diego County Office of Education Student Support Services Department What Does This Mean to Schools? (continued) In making placement decisions, Section 504 placement teams:  Must be multi-disciplinary  Must be knowledgeable about the student  Must consider a variety of documented information: Teacher recommendations Reports on the student’s physical condition The student’s social /emotional behavior

70 San Diego County Office of Education Student Support Services Department  The classroom  Lesson presentation  Test taking  Behaviors  Integrated support services  These reasonable accommodations are selected (not negotiated like an IEP) by a multi-disciplinary team.  The student, where feasible should attend the meeting  Invite the parent(s)/guardian(s) to the meeting(s). ( this is wise although not required by law) What Does This Mean to Schools? (continued) Some of these include:  Instructional support  Assignments  Organization  Nursing considerations  Transportation

71 San Diego County Office of Education Student Support Services Department  On July 28, 2009, Governor Arnold Schwarzenegger signed Assembly Bill 2 of 2009 – 10 Fourth Extraordinary Session (ABX4 2) (Chapter 2, Statutes of 2009).  ABX4 2 enacted California Education Code Section , which would exempt an eligible student from meeting the CAHSEE requirement as a condition for graduation beginning in California High School Exit Examination (CAHSEE)

72 San Diego County Office of Education Student Support Services Department  An eligible student is a student with a disability who has an individualized education program (IEP) or Section 504 Plan that indicates that the student has satisfied or will satisfy all other state and local requirements to receive a high school diploma on or after July 1,  Students with disabilities are required to take the CAHSEE in 10 th grade for purposes of fulfilling the requirements of the federal No Child Left Behind Act of California High School Exit Examination (CAHSEE) continued…

73 San Diego County Office of Education Student Support Services Department  This exemption shall last until the State Board of Education either implements an alternative means for students with disabilities to demonstrate achievement in the standards measured by the CAHSEE or determines that an alternative means assessment to the CAHSEE is not feasible. California High School Exit Examination (CAHSEE) continued…

74 San Diego County Office of Education Student Support Services Department Roles of School Personnel School Board of Education Policy on Nondiscrimination Grievance Procedure Hearing Procedure Superintendent 504 Coordinator School Principals and Certified and Classified Staff 504 Coordinator Designation Annual Notice to Parents/Students Continuing Notice to Parents/Students 504 Procedures Coordination Staff Training Section 504 Grievance Procedures Management Nondiscriminatory Practices in Classrooms Referral/Identification/Evaluation Parent Involvement and Encouragement Program Modifications and Accommodations Curricular Adaptations

75 San Diego County Office of Education Student Support Services Department A Guiding Quotation “Some kids need special education… Others need something special in their education.” Education Week, June, 1998

76 San Diego County Office of Education Student Support Services Department Comparison of IDEA & Section 504 IDEA Section 504 of the Rehabilitation Act (§504) Year Enacted Revised Revised Effective January 1, 2009 Legal Citation20 U.S.C et seq. 34 C.F.R. Part U.S.C C.F.R. Part 104 Type of StatuteFederal funding statute providing federal aid to states that ensures the provision of free appropriate public education (FAPE) to children with disabilities Civil rights statute protecting individuals with disabilities from discrimination in programs and activities receiving federal funds

77 San Diego County Office of Education Student Support Services Department Comparison of IDEA & Section 504 (continued) IDEA Section 504 of the Rehabilitation Act (§504) Who is CoveredInfants and toddlers with disabilities 0-2; children who meet the definition of a preschool child with a disability or one of the 14 categories of disabilities applicable to school-age children Any person with a physical/mental impairment which substantially limits one or more major life activities (e.g., self-care, manual tasks, walking, seeing, hearing, breathing, learning, working), who has a record of such an impairment, or is regarded as having such an impairment.

78 San Diego County Office of Education Student Support Services Department Manifestation Determination  Sample Manifestation Determination located on Forms & Notices – Page 37.

79 San Diego County Office of Education Student Support Services Department Comparison of IDEA & Section 504 (continued) IDEA Section 504 of the Rehabilitation Act (§504) Major ProvisionsEnsures procedural safeguards and the right to free appropriate public education in the least restrictive environment in accordance with the IDEA No otherwise qualified individual with disability shall solely by reason of his or her disability be: excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

80 San Diego County Office of Education Student Support Services Department Comparison of IDEA & Section 504 (continued) IDEA Section 504 of the Rehabilitation Act (§504) Discipline Any suspension of more than 10 consecutive days or more is a significant change of placement triggering the procedural safeguards of IDEA, including the right to remain in the current educational placement pending appeals. Cumulative suspensions of more than 10 days within the school year may trigger the procedural safeguards under the IDEA. Cannot terminate FAPE as a disciplinary measure District must reevaluate the child prior to any suspension of 10 days or more. Is there a nexus between the child’s disability and the behavior complained of? If yes, the child may not be suspended for more than 10 days unless the behavior is drug sales or weapon(s) related. No automatic right to remain in the current educational placement

81 San Diego County Office of Education Student Support Services Department IDEA, Section 504 and ADA IDEASection 504ADA Internal Grievance Procedure State complaint procedure required (34 CFR ) Requires districts with 15 or more employees to designate a 504 compliance officer and a grievance procedure to investigate complaints alleging non- compliance with 504 Requires public entities with more than 50 employees to designate a compliance officer and a grievance procedure to investigate complaints alleging non- compliance with the ADA

82 San Diego County Office of Education Student Support Services Department IDEA, Section 504 and ADA (continued) IDEASection 504ADA Protection Against Retaliation Incorporates prohibition against retaliation, intimidation, coercion, threats, and discrimination found in regulations under Title VI of the Civil Rights Act Extends protections to non-disabled individuals who have testified or participated in any manner in an investigation, proceeding, or hearing under the ADA

83 San Diego County Office of Education Student Support Services Department IDEA, Section 504 and ADA (continued) IDEASection 504ADA Compliance/ Enforcement Office of Special Education Programs (OSEP); SED – noncompliance may result in loss of IDEA funds and state aid, Administrative appeals and/or courts Office for Civil Rights, United States Department of Education (OCR) – noncompliance may result in loss of all federal funds, Administrative appeals and/or courts

84 San Diego County Office of Education Student Support Services Department IDEA, Section 504 and ADA (continued) IDEASection 504ADA Self- Evaluation Requires recipients to conduct a self- evaluation to identify discriminatory policies and steps to modify any discriminatory policies and practices By January 26, 1993, districts were required to update [their] 504 self-evaluation to assure compliance with the ADA which must involve constituent groups.

85 San Diego County Office of Education Student Support Services Department IDEA, Section 504 and ADA (continued) IDEASection 504ADA School Board Policy Requires written policies advising parents and their disabled students of the district’s responsibility to identify, evaluate and provide FAPE to children with disabilities

86 San Diego County Office of Education Student Support Services Department Basics of RtI: Instruction Matched to Student Needs Linking the Two is the Key!

87 San Diego County Office of Education Student Support Services Department School Wide Tiered Systems Access the needs of all students in literacy, math and behavior Provide intervention in tiers of intensity Assess comprehensive program to identify gaps (Is CORE instruction meeting the needs of most students? Are interventions effective?) Develop a plan to address gaps

88 San Diego County Office of Education Student Support Services Department Level 1: Primary Intervention Enhanced general education classroom instruction/Core or Core Plus Level 2: Secondary (Strategic) Intervention Child receives more intense intervention in general education, small groups, 1-1. Level 3: Tertiary (Intensive) Intervention increases in intensity and duration. - Child may be placed in special education. If progress is inadequate, move to next level.

89 San Diego County Office of Education Student Support Services Department Forms and Procedures

90 San Diego County Office of Education Student Support Services Department  Choose multi-disciplinary team members knowledgeable about the child (always include teachers that will be impacted by accommodation plan).  Remember, if the principal/superintendent are a part of the initial team, this will impact the grievance process.  Choose a chairperson of the meeting prior to the meeting (if there isn’t a permanent chairperson). The 504 Multi-disciplinary Team Process

91 San Diego County Office of Education Student Support Services Department  Define the conduct and process of the meeting: –Explain that the process is completely different than an IEP meeting. –Explain that neither the parent nor the advocate is a part of the school’s multi-disciplinary team. (Unless district policy/regulations state otherwise.) –Explain that the multi-disciplinary team decides on the appropriate accommodations. –Explain that the team may hear the parent’s and/or advocate’s (or even the doctor’s) recommendations; however, the team decides the qualifications and the accommodations, if any. The 504 Multi-disciplinary Team Process (continued)

92 San Diego County Office of Education Student Support Services Department  Read the Section 504 Rights to the parent and student (if necessary, have an interpreter present, if possible, to translate).  Examine all data to determine qualifications, if any.  The parent may provide input as to behaviors observed that will assist the team in making its decision.  If the team finds that the student does not have a mental or physical disability that SUBSTANTIALLY limits one or more major life activities, the team informs the parent and/or the advisor and explains why. The 504 Multi-disciplinary Team Process (continued)

93 San Diego County Office of Education Student Support Services Department Issues for Team Consideration The following factors are considered by a team knowledgeable about the student and the disability: –Evaluation results –Section 504/ADA eligibility –The student’s unmet needs –Services and/or accommodations based on eligibility –Possible staff inservice –Least Restrictive Environment (LRE)

94 San Diego County Office of Education Student Support Services Department  If the student does not qualify, but the team decides to provide “252” services, the team decides appropriate intervention services to assist the student in his/her educational process.  The team examines criteria to ensure that the student qualifies for Section 504 (i.e., the student has a physical or mental disability, which SUBSTANTIALLY limits one or more major life activities).  If the student does qualify, the team discusses the student’s needs to provide appropriate accommodations that will provide equal opportunity (not necessarily the same) for participation in the learning process. The 504 Multi-disciplinary Team Process (continued)

95 San Diego County Office of Education Student Support Services Department  If the student does qualify, the team decides on appropriate accommodations for the student from the Menu of Services and 504 Accommodation forms.  Include parent and student responsibilities in plan (to ensure and maximize success).  Remember: the student is only eligible to receive special education accommodations if he/she qualifies (use IEP process in that case).  Explain that the parent does not have to agree to the plan in order for the team to proceed with providing accommodations for the student. The 504 Multi-disciplinary Team Process (continued)

96 San Diego County Office of Education Student Support Services Department  Explain the grievance process.  Be sure to have the parent(s)/guardian(s) sign to the fact that his/her/their rights have been explained and that a copy of these rights has been provided to him/her/them.  Tell the student and the parent/guardian that the formal written plan (if the student qualifies) will be sent.  If the student does not qualify, or qualifies but does not require accommodations at this time, inform the parent at the meeting (follow-up in writing) and plan to review the case at least once within the year. The 504 Multi-disciplinary Team Process (continued)

97 San Diego County Office of Education Student Support Services Department  If the student does not qualify, consider providing “252” intervention services that would improve where needed (e.g., attendance, behavior and academic achievement).  Once a plan has been written, monitor to ensure that: –accommodations are implemented. –interventions and accommodations are successful (revise plan as needed). –annual review is completed. The 504 Multi-disciplinary Team Process (continued)

98 San Diego County Office of Education Student Support Services Department Don’t Forget!!!  The accommodations are devised by the 504 Multi-disciplinary Team made up of persons knowledgeable about the student.  Obtain all the signatures.  Be sure to include “End of Service” dates.  Give parents the Rights Notification page/pamphlet.  Send the meeting notices.

99 San Diego County Office of Education Student Support Services Department Recommendations  Annual review is required and modifications of the plan should be implemented where needed.  Be cautious about offering accommodations which become funding issues, e.g., “a lap top computer will be provided to student.”

100 San Diego County Office of Education Student Support Services Department A Quote To Think About!!??!! “Remember … no matter what race, gender, or ability… everyone, if given the opportunity, support & encouragement, can learn & succeed.” -E.L. Anderson ©1994

101 San Diego County Office of Education Student Support Services Department Student Information:  Seventh grade male  Suffers from severe asthma (severe: regular wheezing, IPPB treatments, inhaler, etc.) The Process: Referral  P.E. teacher refers student to the A.P. because student “refuses to run, defies authority.”  A.P. or interviews student. Student informs A.P. of his asthmatic condition.  A.P. contacts 504 Committee leader. 504 Sample Case

102 San Diego County Office of Education Student Support Services Department The Process (continued): Pre-assessment  504 Team begins collecting data: – School nurse – Interview P.E. teacher – Parent interview – Check student records (cum/medical) – Contact family doctor 504 Sample Case (continued)

103 San Diego County Office of Education Student Support Services Department The Process (continued): Meeting  Send notice of 504 multidisciplinary team meeting to parent.  Hold 504 multidisciplinary team meeting  Evaluation affirms a “YES” to disability and 504 accommodations eligibility. 504 Sample Case (continued)

104 San Diego County Office of Education Student Support Services Department The Process (continued): Plan Development  504 Plan developed by 504 multidisciplinary team to meet student’s accommodation needs. Possible Options: Follow-up  Notification of multidisciplinary team decision sent to parent along with explanation of parent rights and copy of Accommodation Plan form.  Monitoring of student and scheduling of periodic evaluation. 504 Sample Case (continued)

105 San Diego County Office of Education Student Support Services Department  Asthma  Obesity  Broken legs  Growth issues  Cancer  Diabetes  Hearing  Vision  ADD/ADHD  “Recovering” student Section 504 Sample Cases


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