Presentation on theme: "Chapter 15 Section 504 ADA Co-Presented by:"— Presentation transcript:
1 Chapter 15 Section 504 ADA Co-Presented by: Candy Dunn, Director of Special Education IU1andMegan Marie Van Fossan, McGuffey School DistrictM-
2 Agenda Why are we here? Self Assessment History ADAAA 08 Definitions Evaluation/EligibilityService Agreement and Other FormsGrievance ProceduresSelf Assessment (answers)Q & A
3 Why Are We Here?To provide an overview of Chapter 15 - Section 504 of the Rehabilitation Act of 1973 and the revisions effective 2009.To provide an update regarding changes in the ADA and Section 504 Rehabilitation Act.To compare IDEA requirements with Section 504.To provide an overview of process, procedures, forms, parents rights and discipline.
4 Self Assessment(This is not a cooperative learning activity)
5 A Guiding Quotation “Some kids need special education… Others need something special in their education.”Education Week, June, 1998
7 Section 504 - Phase 1 AWARENESS 1973regulations needed to enforce Section 504 were signedAccessible buildingsCurb cutsVery little impact on schoolsSection 504 is a part of a piece of federal legislation—the Rehabilitation Act of The law prohibits discrimination on the basis of disability in any program that receives federal funding. So of course application of this law is not restricted to services provided by public schools. Any publicly funded program, or partly publicly funded program, is subject to this law.Section 504 is a federal anti-discrimination law that protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the U.S. Department of Education (29 USC §794,701 et seq.). Recipients of this federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. It requires a school district to provide a “free and appropriate education,” (FAPE) to each qualified student with a disability who is in the recipient’s jurisdiction, regardless of the nature or severity of the student’s disability (34 C.F.R. § (a). Under Section 504, FAPE provides regular or special education and related aids and services that are designed to meet the needs of individuals with disabilities as adequately as the needs of individuals without disabilities are met. 34 C.F.R. § (b)(1)(i).Essentially Section 504 was designed to "level the playing field," to ensure full participation by individuals with disabilities.
8 Section 504 - Phase 2 CONSTRICTION Sutton v. United Airlines (1999)Mitigating factors considered when evaluating if a person has a “substantial limitation”Toyota v. Williams ( 2002)Severely restricted an individual from engaging activities of central importance & impairment was permanent or long termIDEA8
9 Section 504 - Phase 3 EXPANSION ADA Amendments ActEffective 1/1/09In rejecting a series of U.S. Supreme Court decisions, the new law is intended to reinstate the broad scope of protection for individuals with disabilities.9
10 Section 504 - Phase 3 EXPANSION Section 504, unlike the IDEA, “requires a comparison between the treatment of disabled and nondisabled children, rather than simply requiring a certain level of services for each disabled child.”10
11 Section 504 - Phase 3 EXPANSION Broadens the definition and coverage of “disability” under ADA and the Rehabilitation Act.Ensures that individuals who compensate for their disabilities are protected from discrimination.Clarifies that “substantially limits” does not mean “significantly restricts.”11
12 EXPANSION ADA Amendments Act Impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.Examples include: epilepsy, asthma, diabetes, cancer, major depression, and bipolar disorder12
13 ADA Amendments ActRequires disability determinations to be made without considering mitigating measurese.g., medication, medical supplies, appliances, low-vision devices, prosthetics, hearing aids and mobility devices.Excludes ordinary eye glasses and contact lenses13
14 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:NeurologicalMusculoskeletalRespiratoryCardiovascularReproductiveDigestiveBowel *Genito-urinaryHemicLymphaticSkinEndocrineImmune System ***Normal Cell Growth ***Bladder ***Functions ***Mental or psychological disorder including:Mental retardationOrganic brain syndromeEmotional or mental illnessSpecific learning disabilitiesMajor life activities include:Self-careManual tasksWalkingSeeingHearingSpeakingBreathingSittingStanding ***ReachingThinking ***Concentrating ***Reading ***Communicating ***Interacting with othersLearningWorkingEating ***Sleeping ***Lifting ***Bending ***The individual has:A history of impairmentA record of having been misclassified as having an impairmentAn impairment not limiting a major life activity, but treated as disabled by the covered entityNo impairment, but treated as disabled by the covered entitySubstance Abuse (recovering alcoholic or addict*Show chart handout on WIki* 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.
16 Section 504 vs. IDEA 504 Eligibility Has a physical or mental impairmentImpairment substantially limits one or more major life activitiesRequires services to meet educational needs as adequately as needs of non-disabled studentsMeets one or more definitions of IDEA disability categoriesDisability adversely affects the student educational performanceRequires special education and related services (specially designed instruction)
17 Section 504 vs. IDEARemedial – often requiring the provision of programs & services in addition to those available to persons without disabilities.Students sometimes granted “more” services than children without disabilities.Additional fundingEstablish a “level playing field”; eliminate barriers that exclude persons with disabilities.Precludes hurdles to participationNo fundingThe definition of a disability is much broader than the definition under IDEA.Schools often drag their feet in providing needed services to children under Section 504 because of the lack of funding but their legal obligation may be no less than IDEA.LEAs do not receive funding specifically for the implementation of non-discrimination laws, but are not excused from making expenditures that are necessary to ensure equal access in all settings where this law applies.Additionally, while federal funds are provided for implementation of IDEA, under Section 504, federal funds are not provided, although the obligation to comply remains. Cost considerations do not limit a district's responsibility to provide FAPE under Section 504.17
18 504 and ADA are Civil Rights Acts Guarantee non discrimination for “unalterable characteristics”Guarantee “equal access”Section 504 is enforced by the U. S. Department of Office for Civil RightsViolation of Section 504 may also result in civil liabilityThese laws are Civil Rights Acts and to fail to provide the protections would be a violation of Civil Rights law.WHAT HAPPENS IF A DISTRICT DOES NOT COMPLY WITH SECTION 504?OCR attempts to bring a district into voluntary compliance through negotiation of a corrective action agreement. If this is unsuccessful, OCR may initiate proceedings for suspension or elimination of federal funds that school districts receive for programs and services (Executive Order 11914, 41 Fed. Reg.17871(1976). OCR also may refer the case to the Department of Justice for judicial proceedings.
19 But What About Special Ed? 504 is simpler, less time-consuming504 generally provides supports and accommodations vs. services or modificationsKeeps some kids out of Special EducationM- Basically, if the student needs special ed services, or goals, or regular monitoring, the IEP is the best choice.
20 Aren’t These Kids All on IEPs? Not necessarilyFor an IEP, the student needs to have the disability and also require specially designed instructionIEPs are limited to 13 specific handicapping conditions, 504 is much broaderF- Discuss some cases where kids are not Special Education eligible. Kids in wheelchairs, with orthotics, asthma, etc.
22 Child Find Triggers Parent requests an evaluation or 504 plan Suspension or expulsion is being consideredAcademic performance is lower than expectedStudent is evaluated and is not IDEA eligibleStudent exhibits a chronic medical problem
23 More TriggersStudent transfer to SD with a §504 plan from another districtStudent is chronically absent due to medical/health issuesStudent receives medication during the school dayStudent formerly found not eligibledue to mitigating measures
24 Annual NoticeOn or before the first day of the school year, the district must inform parents of enrolled students that the district:does not discriminate against protected handicapped students andthe district’s responsibilities under Chapter 15Notice may be included in a document reasonably expected to reach the parents of students enrolled in the district (e.g. school calendar or brochure)McGuffey sends with bus assignmentsShow PDE Sample Annual Notice to Parents
25 How is a Referral Made?Parent request in writing for a 504/Chapter 15 evaluationSchool Staff are concerned about the presence of a disability or suspected disabilitySite administrator for 504 should proceed with a Written Notice explaining why either the parent or the district is seeking a 504/Chapter 15 evaluation and include a copy of the Procedural SafeguardsWithin 25 school days of receipt of the parents’ written request for the provision of service, the district shall evaluate the information submitted by the parents and send a written response to the parents’ request
26 The Steps Student evaluated Team meets Eligibility Determined (If eligible) Service Agreement writtenAgreement implemented and monitoredManifestation Determination (Suggests to follow Chapter 14)Reevaluation if substantial changesF- This is a lot less complicated than Special Education.
27 Evaluation Presence of the Disability Impact of disability on school-related activityLevel of impactSection 504 only requires that the evaluation be conducted in suspected areas of need.F- Show the Consent for Evaluation form again and the various sources of information that should be used. These are the three areas that need to be determined in the district’s evaluation, if not, we will lose cases.
28 Evaluation“Evaluation” does not necessarily mean “test.” In the §504 context, “evaluation” refers to a gathering of data or information from a variety of sources so that the committee can make the required determinations.The evaluation process should also consider various other factors, such as teacher recommendations, physical condition, social and cultural background, behavior and any independent evaluations.
29 Extreme Substantial Moderate Mild Negligible Extreme Dr. Perry Zirkel, Lehigh University, Bethlehem, PAExtremeStudent exhibits little or no success in all subject areas and may need altered curriculum and different standards for instruction and assessmentExtremeSubstantialStudent experiences great difficulty in several subjects and needs extensive support from teachers and parents. Student performs below expectations of typical peers.SubstantialModerateStudent has fair amount of difficulty with a number of subject areas however with effective instruction student performs commensurate with typical peersModerateOne of the greatest challenges is determining what is the level of limitation. This scale gives good descriptors to help 504 committees to make that determination.Let’s look at each level:NegligibleMildModerateSubstantial – Meets essential part of criteria for 504 eligibilityExtreme – Also Meets essential part of criteria for 504 eligibility but may indicate the need to consider for special education referralMildStudent performance varies from one subject areas to the next, but still is within expectations for a typical studentMildNegligibleStudent demonstrates signs of minimal difficulty with specific topics in one or tow subject areas or may benefit from slight accommodationsNegligible29
30 Impact of DisabilityWithout effect of mitigating measures such as medication, prosthetics, hearing aids, mobility devices, assistive technology, learned behavioral modificationsDoes not include eyeglasses or contact lensesFor episodic or in remission, consider effects when activeCompare to average studentF-
31 Short-term Disability & Exclusions Short term disabilities (such as broken limbs) are usually not considered if less than six months in nature – unless substantial impactDetermination must be made on a case-by-case basis, taking into consideration the severity and the duration of the impairment, typically 6 monthsExclusions: Illegal drugs, gambling, addictionF- Review
32 What questions can the Section 504 team members ask? What is the nature and severity of the impairment?What is the duration or expected duration of the impairment?Does the student consistently need substantial changes to complete assignments?Does the student consistently exhibit difficulties with planning and organization?Has the student shown a consistent downward slope in academic progress?Has the student shown a consistent pattern of negative behaviors?Does the student need assistance to participate fully in any portion of the school day, including those where academics are not at issue?
33 How is the presence of the disability determined? If parents have a diagnosis/medical, district can review it and accept it (unless they want to refute it) - need parental consentParent/family member interviewsReview of school recordsSchool observationsTeacher interviewsSocial/emotional checklistsAcademic assessmentsFormal tools not requiredIf the district determines, after review of information provide by the parents, that it needs additional information before it can make a specific recommendation, the district shall ask the parents to provide additional medical records and grant the district permissionj to evaluate the student.The district request shall be in writing and specifically identify the procedures and types of tests that it proposes to use to evaluate the student & inform the parent that they have the right to give or withhold their written consent to the evaluation.Show PDE sample “Notice of District-Initiated Evaluation”
34 Disability Determination Physician or psychologist opinion as to student’s eligibility status is only one source of information the team should consider. Remember, the team is making an educational decision, not a medical decision.Students eligible under IDEA are not entitled to a separate Section 504 plan.
35 Timeline for Evaluation There is no timeline - the law refers to “reasonable”No more than 60 calendar days is a good rule of thumbF-
36 Definition of School Days Chapter 15 defines school days as the days of the school district’s academic year PLUS the 14 calendar days before the beginning of the academic year and the 14 calendar days following the completion of the academic yearRefer to Sample Calendar - McGuffey Calendar
37 Team MeetsMust include at least one or both of the parents and the school administrator/representative of the school districtIf determining eligibility, must be people who:Know the studentKnow evaluation dataKnow accommodations/supports optionsThe team ensure that the plan effectively removes the barriers created by a student’s disability.There is no specific Invitation - can develop one similar to Invitation for Chapter 14
38 Evaluation Report Written by the team The information obtained from all sources must be documented and all significant factors related to the student's learning process must be considered.Carefully considered by the team to determine eligibility
39 Service Agreement Developed Consider area in which there is impact“Allows student to participate in and benefit from public education programs and activities”Physical, instructional, social/emotional/ behavioral accommodationsWrite clear Service Agreements. For example, rather than providing an accommodation “as needed,” indicate who will determine that the accommodation is needed.Sometimes will provide actual therapies, such as OT, SLP. Aide support could be provided.
40 Service Agreement No required elements like an IEP Goals not required Must include a plan for periodic reviewShould appoint a “Contact Person” to monitor the plan and communicate with familyM-
41 Service AgreementIncludes specific related aids, services or accommodationsSpecify the date the services will begin, the date services will be discontinued & when appropriate: the procedures to be followed in the event of a medical emergency
42 Service AgreementIdentify student’s disability, major life activity impacted, and educational impact of disabilityDesign a program to suit student needsBe sure accommodations are succinct and realisticReview each Section 504 Plan at least on an annual basis or upon any significant change in placement
43 AccommodationsWhile curricular modifications may be available to special education students (i.e., reduced mastery of the grade level curriculum), there is no modification of the curriculum itself for §504 students. 504 is not about reducing expectations for disabled students, but providing the types of accommodations that will compensate for their disabilities so that §504 students have an equal chance to compete in class.
44 Placement / LREIn the §504 context, “placement” simply means the regular education classroom with individually planned accommodations.It does not literally mean taking the child out of the regular classroom and putting him someplace else.
45 More About Service Agreements May have to pay for extra services - aide support, therapy, etc.May have to make environmental changesProvide access to extracurricular activitiesMay not exclude from enrollment in challenging academic programs.
46 Service Agreement Implemented and Monitored Site administrator should ensure that all people involved with the student have a copyCommunicate with Contact Person on a periodic basis about implementation and progressFailure to implement a 504 plan can have serious legal consequences - people can be held personally liableM- Mention Doe Vs Withers
47 Review No required frequency of review, but it must be “periodic” The plan should specify how often and by whom it will be reviewedMake sure required reviews occurAnnual review is recommendedM-
48 Special Steps for Discipline Same protections for suspension and expulsion as Special Education students (including pattern)45 days IAEP for weapons, illegal drugs or serious bodily injuryManifestation Determination within 10 days of decisionIf student is currently using illegal drugs or alcohol, he/she loses his/her right to Manifestation DeterminationShow the Manifestation Determination document from McGuffey.
49 Re-evaluationThe student should be re-evaluated if major changes to the plan are being consideredA Student must be reevaluated prior to a significant change in placement which includes exclusion from the educational program of more than 10 school days, transfer to another program or termination or significantly reducing a related service.Parental consent is not required for reevaluations of students on Section 504 Plans. - OCR Decision Guidance
50 Disagreement with Parents Parents should be given their rights at the beginning (Procedural Safeguards)If parents disagree with what district is proposing regarding assessment, eligibility, or plan, use the Prior Written Notice formApproval not needed for change of placementParents can appeal to the Office of Civil RightsNo “stay put” as in IDEAPDE’s Grievance ProceduresShow PDE sample of Procedural Safeguards - review each section1) Parental Request for Assistance2) Request Resolution3) Informal Conference4) Formal due process hearing
51 §504 Teams Gone Wild“Johnny will participate on the varsity basketball team”“Susie will be in the school choir”The sport or activity doesn’t belong in the plan, only the supports needed for them to participateStudents must be “otherwise qualified” as judged by the same criteria as other students
52 Consideration for Special Education If a 504 student is requiring intensive services, therapies, or even alternate placement, consider eligibility for Special Education.M-
53 Key PointsCommon regular education interventions such as RtII may eliminate existence of a “substantial limitation”Standard is to compare student to an “average student”. This means you compare student against chronological peers in the entire state or country. Different standard of FAPE than IDEA.Do not consider mitigating factors when determining whether an impairment is substantially limiting53
54 Follow-Up Steps Following the meeting: Copies of documentation from the meeting should be placed in the student’s permanent folderIf the student was found eligible, a Section 504 notice should be placed on the student’s permanent folder.All staff serving the student should be notified of the student’s eligibility and their roles in providing accommodations. These staff should receive a copy of the accommodation plan.It is best practice that the plan be reviewed on an annual basis, or more often if needed, and modified as needed.Provide all of the student’s teachers with a copy of the Section 504 Plan at the beginning of the school year and have them sign off on having received it. Include staff in charge of the student’s extracurricular activities in cases where it is determined that it would be appropriate.
55 Section 504 Policies & Procedures School districts need to revise Section 504 policy, procedures, and forms to conform with the new changes to Section 504.Given the new changes under the 2008 Amendments, it is critical that school districts adopt clear and concise Section 504 policies, procedures, and forms that comply with the new definitions of major life activity and substantial limitation.Show McGuffey’s Policy
56 If in doubt…check it out Work As A TeamIf in doubt…check it out
57 Self Assessment Answer the questions again Review questions and answers