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Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or Special Health Care Need 1.

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Presentation on theme: "Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or Special Health Care Need 1."— Presentation transcript:

1 Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or Special Health Care Need 1

2  Legal Background  Section 504 & Public Schools Overview  504 Evaluation  504 Plan & Services  Procedural Safeguards 2 Training Agenda

3 Legal Background 3

4 What is Section 504? 4  Part of the Rehabilitation Act of 1973, a national civil rights law  It prohibits discrimination on the basis of disability by any program or activity (including schools) that receive federal financial assistance

5 “No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability,  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.” What Section 504 Says 5

6  Both may provide services and protections to students with disabilities  All students found to be eligible under IDEA are also protected by Section 504, but not all students protected by Section 504 are eligible under IDEA  If a parent revokes consent for their child to receive special education services under IDEA, the student may still be eligible for a Section 504 plan and protections *Individuals with Disabilities Education Act Related Laws: IDEA* and Section 504 6

7 IDEA/504 Diagram 7 IDEA- eligible students 504-eligible students Students with disabilities All Students

8 Section 504IDEA Funding?NoFederal & State Eligibility Determination General disability definition Disability categories & need for special education and related services EvaluationsInitial & “periodic”Initial & triannual FAPENeeds met as adequately as those without disabilities Individualized educational program from which child receives educational benefit Plan504 PlanIEP in writing EnforcementOffice for Civil RightsState Education Agency 8 Side-by-Side Comparison

9  ADAAA prohibits discrimination of people with disabilities by:  All qualifying private employers (Title I)  All state and local government programs, including the public schools (Title II), and  All places of public accommodation, including non-religiously controlled colleges and universities and test agencies (Title III)  Section 504 preceded enactment of ADAAA and has generally been used as basis for disability discrimination protection in schools  Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II Related Laws: Section 504 & Americans with Disabilities Act Amendments Act (ADAAA) of 2008 9

10 ADA Amendments Act of 2008 (ADAAA) 10  Requires that the definition of disability be interpreted broadly  The new definition of disability in the ADAAA must be used when determining Section 504 eligibility

11 Does the student:  have a physical or mental impairment*  which substantially limits  one or more major life activities? *or has a record of having an impairment or is regarded as having an impairment Person with a Disability: ADAAA/504 Definition 11

12  Any physiological condition that affects a bodily system, or any mental or psychological disorder 504/ADAAA Disability Definition Part 1: Impairment 12

13  More than material limitation but less than severe limitation (Look to condition, manner, duration)  Mitigating measures may not be considered (hearing aids, medication, etc.)  Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.) 504/ADAAA Disability Definition Part 2: Substantial Limitation 13

14 504/ADAAA Disability Definition Part 3: Major Life Activity Section 504  Caring for oneself  Performing manual tasks  Walking  Seeing  Hearing  Speaking  Breathing  Learning  Working Added by ADAAA  Eating  Sleeping  Standing  Lifting  Bending  Reading  Concentrating  Thinking  Communicating 14

15 Additional Major Life Activities (Bodily Functions)  Brain  Circulatory  Endocrine  Reproductive  Neurological  Immune system  Normal cell growth  Digestive  Bowel  Bladder  Respiratory 15

16 Test Your Knowledge 16 1.What is the name of the law that includes Section 504? 2.What are the three parts of the definition of disability under Section 504?

17 Section 504 and Public Schools 17

18  Intent of civil rights laws is to provide equal opportunity and prevent discrimination based on disability  Public schools must provide FAPE (free appropriate public education) to each qualified student with a disability Section 504 and Public Schools 18

19  Meets a student's individual needs as adequately as the needs of nondisabled students are met  Places students with their nondisabled peers to the maximum extent appropriate  Includes evaluation and placement procedures  Establishes due process procedures 504 & FAPE: What is an appropriate education? 19

20 Overview: The 504 Process 20  Referral  Evaluation  Eligibility Determination  Development of 504 Plan  Review  Reevaluation

21 504 Evaluation 21

22  Districts: Have “child find” obligation to evaluate students who they suspect may have a disability  Parents: May want to consider 504 evaluation if their child did not qualify for services under IDEA but has shown a pattern of not succeeding in the general education classroom or has a diagnosis and needs accommodations to fully participate in school activities Evaluation Referral 22

23  Does the student have a disability under Section 504?  If so, what are the student’s individual education needs? Purpose of Evaluation 23

24 The evaluation must:  Use valid tests conducted by trained personnel  Assess all areas of educational need  Accurately reflect achievement rather than disability  Be completed in a reasonable amount of time  Include process for periodic reevaluation Section 504 Evaluation Requirements 24

25  Medical diagnosis is not needed for Section 504 eligibility  If 504 placement team determines a diagnosis is required, the evaluation must be conducted at no cost to the parents  If a child does have a medical diagnosis, it does not automatically qualify the student for 504 services Medical Diagnosis and 504 25

26 Required:  “Periodically” (not defined in 504, may use IDEA timelines)  Before changing placement (includes education setting or significant change in service level)  Suspension of more than 10 days Reevaluation 26

27 504 Plan & Services 27

28 People who:  are knowledgeable about the student,  can interpret data, and  know the placement options 504 Team 28 Might Include:  Principal  Social Worker  Counselor  Psychologist  Nurse  Other School Staff  Parent

29 The team must consider all factors affecting a student’s ability to receive FAPE:  Evaluation data (aptitude and achievement tests)  Teacher recommendations  Physical condition  Child’s social & cultural background  Adaptive behavior  Other sources of information (parents, doctors, etc.) 29 Determining 504 Eligibility & Services

30 504 Plan 30  Plan describes all services and accommodations to be provided to meet student’s individual needs  Written plan is not required, but is considered good practice and should be requested by parents

31  Regular classes  Regular classes with supplemental services  Special education and related services Types of Educational Settings 31 Students must be placed in regular classrooms to the maximum extent appropriate

32 Examples include accommodations and modifications such as:  Removal of physical barriers  Extended time for testing  Adjustment of class schedule  Rest periods  Use of aids (calculators, recorders, notetakers, modified textbooks, etc.)  Individualized homework assignments Types of Supplemental Services 32

33  Physical therapy  Counseling, psychological, or social work services  Assistive technology  Speech & language services  Occupational therapy  Medical Services  Staff training Types of Related Services 33

34 Section 504 also prohibits discrimination against students with disabilities in non-academic settings:  Before and after-school programs  Field trips  Extracurricular activities & athletics  Career/guidance services  Transportation Non-Academic Services 34

35  What are the six steps in the 504 process, beginning with “referral”?  Who are potential members of a Section 504 team?  What is the timeline for completing a Section 504 evaluation? Test Your Knowledge 35

36 Procedural Safeguards 36

37  Notice  Records review by parent or guardian  Due process -- impartial hearing with participation by parent and counsel  A review procedure Procedural Safeguards 37

38 School Districts must:  Establish grievance procedures for resolving complaints  Designate a 504 Coordinator to ensure compliance  Inform parents and students about the grievance process 504 Coordinator and Grievance Procedures 38

39  U.S. Department of Education Office for Civil Rights complaint (must be filed within 180 days)  Legal action in Federal Court Additional Dispute Resolution Options 39

40 Districts may not retaliate against individuals for:  asserting rights under 504/Title II  opposing disability discrimination  participating in a complaint process or hearing No Retaliation 40

41  What are the four types of procedural safeguards under Section 504? Test Your Knowledge 41

42 Section 504 & Public Schools Review: Interactive Activities 42  Section 504 & IDEA Scenarios  Sample 504 Plans

43 Section 504 & IDEA Scenarios 43

44 Sample 504 Accommodations & Services 44

45  Extra time to complete work  Strategies for staying on task  Reduced assignment length  Two sets of books  Supervision on outings  Quiet room for tests  Supervision of medication administration 45 Child with ADHD

46  Private space and time to monitor glucose levels  Ability to eat snacks when needed  Opportunity to make up work missed due to illness  Health plan that includes training staff to administer insulin shots at school or on field trips Child with Diabetes 46

47  Development of emergency health plan  Lunch table free from allergen (e.g. “peanut free zone”)  Ability to store safe snacks at school for special occasions  Supervision of administration of medication Child with Severe Food Allergies 47

48  Notetaker for class lectures  Shortened homework assignments  Assistive technology such as audio textbooks  Extended time for tests Child with Learning Disabilities 48

49  Extended time for tests  Supervision of administration of medication  Time for appointments with counselors/others  Modified schedule  Ability to take breaks in quiet setting Child with Anxiety Disorder 49

50  Modified schedule  Movement plan to avoid stiffness  Assistance with carrying (books, lunch tray, band instruments, etc.)  Assistive technology or notetaker  Medication assistance Child with Arthritis 50

51 Resources 51

52  ADA Amendments Act of 2008 ADA Amendments Act of 2008  Section 504, Title II, and Students with Disabilities in Public Schools (OCR) Section 504, Title II, and Students with Disabilities in Public Schools  Section 504 of the Rehabilitation Act of 1973 Regulations Section 504 of the Rehabilitation Act of 1973 Regulations  IDEA/504 & ADAA Workshop (SPAN)  Free Appropriate Public Education for Students with Disabilities: Requirements under Section 504 of the Rehabilitation Act of 1973 (OCR) Free Appropriate Public Education for Students with Disabilities: Requirements under Section 504 of the Rehabilitation Act of 1973 References 52

53  OCR Complaint Processing Procedures OCR Complaint Processing Procedures  Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (OCR) Frequently Asked Questions About Section 504 and the Education of Children with Disabilities  Americans with Disabilities Act Questions and Answers (EEOC) Americans with Disabilities Act Questions and Answers  Section 504 and Students with Disabilities (WI FACETS) References, cont. 53

54 National OCR Headquarters: 800-421-3481 Find your regional OCR office (also listed on next slide): Complaint Information: Office for Civil Rights 54

55 Boston Office (CT, ME, MA, NH, RI, VT) (617) 289-0111 Chicago Office (IL, IN, IA, MN, ND, WI) (312) 730-1560 New York Office (NJ, NY, PR, VI) (646) 428-3800 Cleveland Office (MI, OH) Telephone: (216) 522-4970 Philadelphia Office (DE, MD, KY, PA, WV) (215) 656-8541 Kansas City Office (KS, MO, NE, OK, SD) (816) 268-0550 Atlanta Office (AL, FL, GA, TN) (404) 974-9406 Denver Office (AZ, CO, NM, UT, WY) (303) 844-5695 Dallas Office (AR, LA, MS, TX) (214) 661-9600 San Francisco Office (CA) (415) 486-5555 District of Columbia Office (NC, SC, VA, DC) (202) 453-6020 Seattle Office (AK, AS, GU, HI, ID, MT, NV, OR, WA, MP) (206) 607-1600 55 OCR – Regional Offices

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