Presentation on theme: "Section 504 Lessons Learned"— Presentation transcript:
1Section 504 Lessons Learned Oregon Department of EducationOffice of Educational Improvement & InnovationWinston Cornwall, Education Program SpecialistCivil Rights/Equal Educational OpportunityPhone (503)Fax: (503)TDD: (503)
2Background Information 504 most frequent civil rights complaints lodged with OCR.Oregon averages one OCR complaint monthly.504 = 50%Title IX = 25%Title VI = 15%Title VI/ELL = 10%
3Key 504 Definition Qualification is based on all three items! A physical or mental impairment that substantially limits a major life activity.Qualification is based on all three items!
4What determines substantially limits? Student must be unable to or significantly restricted as to the condition, manner or duration under which he/she can perform (the major life activity) as compared to the average person.Person who takes inordinately more time than others to complete a task (ADA)Factors team should consider in making decision:Nature/severity of the impairment,Duration/expected duration of the impairment,Permanent/long term impact resulting from the impairment.
5What are major life activities? Major life activities (regulatory list):Seeing, hearing, speaking, breathing, walkingCaring for oneself, performing manual tasks,Working, learning.Major life activities (determined by courts):Reproduction (and accompanying activities)Reading, writingThinking, concentrating, sleepingInteracting with others:Characterized on a regular basis by severe problems, for example consistently high levels of hostility, social withdrawal, or failure to communicate when necessary.
6What is a (reasonable) accommodation? Accommodation means reasonable, not perfect.Auto & Airplane AnalogiesGeneral examples:Large print/Braille books for visually impairedAdapted spoons for the physically impairedInterpreter for the deaf or hard of hearingAssessment examplesOral, individual or separate administration,Extended time or multiple test sessions.
7How do 504 & IDEA compare? Section 504 IDEA Education Act Civil Rights ActNo federal fundingBasic state school funding504 Coordinator“Substantially limits”Accessibility regulatedEvaluation from variety of sourcesReevaluation required before significant changeNo provision for independent evaluationRequires grievance procedureRequires due processIDEAEducation ActFederal funding formulaIncreased state supportSpecial Education DirectorSpecific categoriesRequires modificationsComprehensive evaluation assessing all related areasReevaluation required every three yearsProvides for independent evaluation if disagreementNo grievance procedure req.Requires due process
8How do 504 & IEP plans compare? Education designed to ensure equal opportunityRegular education with accommodations and modificationTeam “knowledgeable about child” (teachers, counselor, building administrator, others as dictated by impairment analysis and/or accommodationIndividual Ed. PlansEducation designed to confer benefit performanceSpecially designed instruction to mitigate adverse performance impactTeam “knowledgeable about child” and assessment related to suspected disability (teachers, counselor, special education teachers and aides, other specialists
9Key Factors for Compliance Procedural safeguards are perhaps the most important factor with regard to 504 considerations504 Plan is essentially a contract (and thus is a literal document)Educators generally considered expert with regard to specific decisions made in the 504 Plan504 is a non-discrimination law, thus comparative treatment and access to services district-wide are essential
10Areas of Concern Procedural safeguards and requirements are crucial: District policy (504/Non-discrimination)Notice obligationsRecord requirementsGrievances, appeals and hearingsImpact, not intent is the barometer for discriminationResponses to unintentional actions resulting in adverse or disparate impact is a major problem regarding students!
11Accommodations Yelm (WA) Community Schools 2004 Accommodations listed “as needed” upheld.Parent asserts district did not modify grades, assignments and testing and consult with the Spec. Ed. teacher.IEP provides for services on an “as needed” basis.OCR investigation show teachers provided accommodations except the first two weeks of school.
12Damages Mark H./Rie H. v. Lemahieu Hawaii 2005 Parents can’t get 504 damages for IDEA violationsAssert discrimination claim for two students with autism.Parents receive a favorable award for IDEA claim.Dist. developed inappropriate IEPs/procedural violations.Claim “ incompatible with the intent….of 504 & IDEA.504 corrects discrimination “within IDEA framework.”No evidence of deliberate indifference by the district.
13Discipline Seattle (WA) School District No. 1 2005 Strong grades, academic performance don’t obviate need for 504 evaluation.Dist. denies student with bipolar disorder 504 evaluation.Student expelled from prior high school for behavior.Dist. should have evaluated after receiving disability notice. Failure to develop plan is denial of FAPE.Dist. agrees to train its staff, provide compensatory ed.Also re-enroll, promptly follow appropriate evaluation procedures and plan for a suitable education program.
14Discipline Oak Harbor (WA) School District 201 2004 Evaluation delay results in ‘significant change’ in placementDistrict denies FAPE when it change placement without satisfying 504 change of placement procedures.Excludes student from science class for discipline.Suspends student for 12 days w/o an evaluation.Parent request evaluation, but district delayed for a year.District continues to use plan not based on current eval.OCR concludes evaluation required before action.
15Discrimination Hawaii (HI) State Dept. of Ed. 2004 OCR approves disability complaint proceduresProcedures disseminated to the public and available on Internet.Describe steps in filing, investigation and resolutions.Inform on timelines, on-site visits and corrective actions.OCR concludes procedures were prompt and equitable; investigations adequate, reliable and impartial.
16Section 504 and IDEA Eastmont (WA) School District No. 206 2005 District follows kindergartener’s 504 plan, correct procedural errorsIEP provisions addressing needs of student with Type I diabetes were appropriately implemented.Rejected claim dist. failed to implement plan and communicate with parents.District monitored symptoms and blood sugar levels.School nurse provided training and communicated with parents.
17Section 504 and IDEA Eastmont (WA) School District No. 206 2005 District follows kindergartener’s 504 plan, correct procedural errorsDist. fails to comply with 504 procedural requirements.No notice of changes in the student placement when it implemented the plan and made changes in the plan.No notice of due process rights.District agrees to review/revise 504 procedures.Description of specific procedures it must follow to provide notice to parents before implementing changes.
18Section 504 and ELL (Title VI) Eugene (OR) School District 4JDistrict does not respond to student’s needs in a reasonable, timely and effective manner.Delays occurred in basic assessment and evaluation for services.Communication w/parents was not in a language they understood.Delays and limited communication with parents regarding implementation of the plan.