Presentation is loading. Please wait.

Presentation is loading. Please wait.

GWAEA Section 504 Updates THE 1973 REHABILITATION ACT Americans with Disabilities Act Amendments Act of 2008 Implementing Section 504 as Amended by the.

Similar presentations


Presentation on theme: "GWAEA Section 504 Updates THE 1973 REHABILITATION ACT Americans with Disabilities Act Amendments Act of 2008 Implementing Section 504 as Amended by the."— Presentation transcript:

1 GWAEA Section 504 Updates THE 1973 REHABILITATION ACT Americans with Disabilities Act Amendments Act of 2008 Implementing Section 504 as Amended by the ADAAA08

2 Materials for this presentation are being used/reprinted with permission of: James F. McKethan, LLC Microscribe Publishing Microscribe Publishing

3 Meet Your Student Scenarios Introduce yourself to those at your table. Introduce yourself to those at your table. You have a received a referral for a 504 (see scenario cards). You have a received a referral for a 504 (see scenario cards). Discuss your initial thoughts on the scenario Discuss your initial thoughts on the scenario Complete Box #1 on your recording sheet Complete Box #1 on your recording sheet Be thinking about your scenario as we work through the information this morning. You will revisit the scenario throughout the morning. Be thinking about your scenario as we work through the information this morning. You will revisit the scenario throughout the morning.

4 Equal Opportunity… Nothing is more unequal than the equal treatment of unequal people… Lau V Nichols © Copyright 2009 James F. McKethan, LLC

5 Section 504 Protection Against Discrimination No otherwise qualified individual with a disability…Shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. 29 USC § 794 Discrimination is the exclusion from participation in, the denial of benefits of, any program or activity receiving or benefiting from federal financial assistance. Students may not be denied participation in or be denied benefit from services that are afforded nondisabled students. 34 CFR §104.4 © Copyright 2009 James F. McKethan, LLC

6 Equal Education Opportunities An appropriate education is a program designed to meet the individual educational needs of individuals with disabilities as adequately as the needs of nondisabled students are met. Free Appropriate Public Education 34 CFR §104.33(b)(1)(i) © Copyright 2009 James F. McKethan, LLC

7 The School Districts Obligations Appropriate Regular education, or Regular education, or Special education and related aids and services Special education and related aids and services 34 CFR §104.33(b)(1) How far do school officials need to go to comply with this requirement? © Copyright 2009 James F. McKethan, LLC

8 ADA Amendments Act of 2008 Reverses effect of Supreme Court decisions Reverses effect of Supreme Court decisions Envisions a broad umbrella of coverage Envisions a broad umbrella of coverage Lowers bar for showing that an impairment substantially limits Lowers bar for showing that an impairment substantially limits Makes clear that eligibility for impairments that are episodic or are in remission is based on a substantial limitation when active. Makes clear that eligibility for impairments that are episodic or are in remission is based on a substantial limitation when active. Expands list of major life activities Expands list of major life activities Prohibits consideration of mitigating measures Prohibits consideration of mitigating measures Clarifies third prong, regarded as, definition of person with a disability Clarifies third prong, regarded as, definition of person with a disability Makes clear that reasonable accommodations are not required for persons regarded as disabled Makes clear that reasonable accommodations are not required for persons regarded as disabled Makes clear that minor and transitory impairments are not protected disabilities Makes clear that minor and transitory impairments are not protected disabilities © Copyright 2009 James F. McKethan, LLC Effective January 1, 2009

9 IDEA and Section 504 Comparison Funding statute Funding statute Discrete categories of disabilities Discrete categories of disabilities Procedural Due Process Procedural Due Process Pure Section 504 children are not covered under IDEA Pure Section 504 children are not covered under IDEA IEPs reasonably calculated to convey educational benefit IEPs reasonably calculated to convey educational benefit Consent for Placement Consent for Placement Annual review Annual review Non-funding statute Non-funding statute Broadly defines disabled children Broadly defines disabled children Procedural Due Process Procedural Due Process All IDEA children are covered by Section 504 All IDEA children are covered by Section 504 Meet the needs of disabled students as adequately as the needs of non-disabled are met Meet the needs of disabled students as adequately as the needs of non-disabled are met No consent required No consent required No annual review required No annual review required IDEASection 504 © Copyright 2009 James F. McKethan, LLC

10 IDEA and Section 504 Comparison Child Find Child Find Consent for Evaluation Consent for Evaluation Re-evaluations Re-evaluations LRE LRE IEP Team IEP Team Special Education Special Education Culture, Economic & Environment Culture, Economic & Environment Discipline - Manifestation Discipline - Manifestation Child Find Child Find Consent for Evaluation Consent for Evaluation Re-evaluations Re-evaluations LRE LRE 504 Team 504 Team Regular Education Regular Education Culture, Economic & Environment Culture, Economic & Environment Discipline - Manifestation Discipline - Manifestation IDEASection 504 © Copyright 2009 James F. McKethan, LLC

11 Administration & Enforcement Section 504 of the Rehabilitation Act of 1973 is administrated by the US Department of Educations Office of Civil Rights. Section 504 of the Rehabilitation Act of 1973 is administrated by the US Department of Educations Office of Civil Rights. State departments of education have no enforcement authority for issues arising under Section 504. State departments of education have no enforcement authority for issues arising under Section 504. Local districts must identify the person responsible for ensuring compliance. Local districts must identify the person responsible for ensuring compliance. Section 504 provides procedural safeguards. Section 504 provides procedural safeguards. © Copyright 2009 James F. McKethan, LLC

12 General Notice School districts shall provide notices of discrimination in admission or access to, treatment or employment in, its programs and activities and shall School districts shall provide notices of discrimination in admission or access to, treatment or employment in, its programs and activities and shall Identify the official responsible for ensuring compliance with Section 504 Identify the official responsible for ensuring compliance with Section CFR §104.8 © Copyright 2009 James F. McKethan, LLC Document A

13 When to Consider a Referral A parent makes a request for an evaluation or for a 504 plan. A parent makes a request for an evaluation or for a 504 plan. Suspension or expulsion is being considered. Suspension or expulsion is being considered. Academic performance is lower than expected. Academic performance is lower than expected. A student is evaluated and is not IDEA eligible. A student is evaluated and is not IDEA eligible. Student exhibits an on-going medical problem. Student exhibits an on-going medical problem. Students enroll with a 504 plan from another district. Students enroll with a 504 plan from another district. An impairment of any kind is suspected. An impairment of any kind is suspected. A student is chronically absent due to medical/health issues. A student is chronically absent due to medical/health issues. A student receives medication on school grounds. A student receives medication on school grounds. A student formerly found not eligible due to mitigating measures. A student formerly found not eligible due to mitigating measures. The events listed are occasions when the existence of a disability should be considered and do not imply that the student is 504 eligible. © Copyright 2009 James F. McKethan, LLC Adapted from: Student Access, A Resource Guide for Educators, CASE Documents B & C

14 Procedural Safeguards Notice regarding identification evaluation or educational placement Notice regarding identification evaluation or educational placement Opportunity to examine relevant records Opportunity to examine relevant records Impartial hearing Impartial hearing opportunity for participation by parents opportunity for participation by parents representation by legal counsel representation by legal counsel a review procedure a review procedure Compliance with IDEA procedures is one means of meeting the 504 requirement Compliance with IDEA procedures is one means of meeting the 504 requirement 34 CFR § © Copyright 2009 James F. McKethan, LLC Document(s) D

15 Assemble The Placement Team Ensure that the placement decision is made by a group of persons knowledgeable about: the child the child the meaning of the evaluation data the meaning of the evaluation data service options service options 34 CFR §104.35(c)(3) © Copyright 2009 James F. McKethan, LLC

16 ADAAA 2008 & Evaluations What evaluation information will you use to assess reading, thinking, sleeping, and concentrating, etc.? What evaluation information will you use to assess reading, thinking, sleeping, and concentrating, etc.? What funding is available to pay for evaluations? What funding is available to pay for evaluations? How do you determine whether MLA/MBF limitation is the result of mitigating measures? How do you determine whether MLA/MBF limitation is the result of mitigating measures? Is it permissible to use the special education evaluation system for Section 504 evaluations? Is it permissible to use the special education evaluation system for Section 504 evaluations? © Copyright 2009 James F. McKethan, LLC

17 In interpreting evaluation data and in making decisions, a recipient shall: draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior, establish procedures to ensure that information obtained from all such sources is documented and carefully considered. © Copyright 2009 James F. McKethan, LLC Document E School & Classroom Performance Informal Evaluation Data

18 Evaluation Evaluation must be Validated for their intended use. Validated for their intended use. Administered in conformance with instructions provided by their producer. Administered in conformance with instructions provided by their producer. Tailored to assess specific areas of educational need. Tailored to assess specific areas of educational need. Accurately reflect the students aptitude or achievement level, etc., rather than sensory deficits, e.g., impaired sensory, manual, or speaking skills… Accurately reflect the students aptitude or achievement level, etc., rather than sensory deficits, e.g., impaired sensory, manual, or speaking skills…Examples Scholastic record Scholastic record Report cards Report cards Work samples Work samples State assessment results State assessment results Psychological evaluation Psychological evaluation Norm referenced educational assessments Norm referenced educational assessments Curriculum-based assessment Curriculum-based assessment Structured academic & behavioral interventions Structured academic & behavioral interventions Social and health history Social and health history Information provided by parent Information provided by parent 34 CFR § (b) © Copyright 2009 James F. McKethan, LLC

19 Before Entering the Eligibility Process... If concerns are purely academic or behavioral, the student is provided interventions through IDM and an evaluation based on information from a variety of sources before proceeding If concerns are purely academic or behavioral, the student is provided interventions through IDM and an evaluation based on information from a variety of sources before proceeding If a student has significant physical or mental health concerns, consider proceeding without accessing the IDM process If a student has significant physical or mental health concerns, consider proceeding without accessing the IDM process

20 A Referral Process © Copyright 2009 James F. McKethan, LLC

21 Mental and Physical Impairments any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 34 CFR §104.3 (j)(2)(i) © Copyright 2009 James F. McKethan, LLC

22 Mental and Physical Impairments Non Verbal Learning Disorder Non Verbal Learning Disorder Central Auditory Processing Disorder Central Auditory Processing Disorder Pregnancy Pregnancy Obesity Obesity Slow Learners Slow Learners Alcoholism Alcoholism Drug Addiction Drug Addiction 34 CFR §104.3 (j)(2)(i) What about the following? © Copyright 2009 James F. McKethan, LLC

23 Im Tyler

24 Major Life Activities Major life activities means functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working Major life activities means functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working The ADAAA08 added: reading, concentrating, thinking, sleeping, eating, lifting, bending, communicating and the operation of a major bodily function such as the immune system, normal cell growth, digestive, bowel, bladder functions The ADAAA08 added: reading, concentrating, thinking, sleeping, eating, lifting, bending, communicating and the operation of a major bodily function such as the immune system, normal cell growth, digestive, bowel, bladder functions When is a function or activity a major life activity? 34 CFR §104.3(j)(2)(II) amended by the ADAAA of 2008 © Copyright 2009 James F. McKethan, LLC

25 Cultural, Environmental and Economic Factors Homeless Homeless Migrant Migrant ESL ESL Poverty Poverty Cultural factors Cultural factors Attendance Problems Attendance Problems Transiency Transiency Divorce Divorce Death of a family member and other family crises Death of a family member and other family crises Military deployments Military deployments 34 CFR §104 Appendix A Analysis of Final Regulation The first of the three parts of the definition (of a disabled person) specifies that only physical and mental disabilities are included. Thus, environmental, cultural, and economic disadvantage are not themselves covered. © Copyright 2009 James F. McKethan, LLC

26 Mitigating Measures Many students who come before the 504 team are taking prescribed medication to mitigate the effects of the impairment. Many students who come before the 504 team are taking prescribed medication to mitigate the effects of the impairment. Students who experience no substantial limitation in any major life activity when using a mitigating measure does not meet the definition of a person with a disability and would not be entitled to FAPE under Section 504. Students who experience no substantial limitation in any major life activity when using a mitigating measure does not meet the definition of a person with a disability and would not be entitled to FAPE under Section 504. The corrective effects of mitigating measures cannot be considered in determining whether or not a person is disabled. ADA Amendments Act of 2008 © Copyright 2009 James F. McKethan, LLC

27 Scenario Practice What existing evaluation data would you look at? (Complete Box #2) What existing evaluation data would you look at? (Complete Box #2) What evaluation data do you need to obtain? What evaluation data do you need to obtain? What is the impairment? What is the impairment? Identify the Major Life Activity (MLA). Identify the Major Life Activity (MLA). What other factors would you consider? What other factors would you consider?

28 The 504 Eligibility Standard …When a school improperly identifies a student…It not only mislabels the student, it opens the door to a host of procedural obligations and potential legal liabilities Jim Walsh, Compliance Keys, Section 504 Compliance Advisor, April 2007 © Copyright 2009 James F. McKethan, LLC

29 Not IDEA Eligible? Section 504 eligibility is not a consolation prize for students who do not qualify for special education Perry Zirkel, Lehigh University © Copyright 2009 James F. McKethan, LLC

30 Determine Section 504 Eligibility CFR (j)(2) Evaluation Information Mental or Physical Impairment MLA performance restricted when compared to performance of a nondisabled student Eligibility Decision © Copyright 2009 James F. McKethan, LLC Document F

31

32 Barriers to Learning Learning Supports Successful in School Core Instruction Range of Learners = Motivationally ready & able to learn 1 2 = Encounter some barriers and may be lacking prerequisite knowledge & skills 3 = Encounter complex and intensive barriers to learning Focusing solely on instruction will not help students in groups 2 & 3 succeed

33 Scenario Based on the evaluation data you have, is the student eligible for a 504? (Complete Box #3) Based on the evaluation data you have, is the student eligible for a 504? (Complete Box #3) To what extent is the student limited in comparison to his/her non-disabled peers? To what extent is the student limited in comparison to his/her non-disabled peers? What would you present as justification for the eligibility? What would you present as justification for the eligibility?

34 Considerations for Accommodations/Services Does the student require more time for homework and in-school assignments? Does the student require more time for homework and in-school assignments? Are modified assignments necessary? Subject matter, types of assignments, testing, etc.? Are modified assignments necessary? Subject matter, types of assignments, testing, etc.? Are there instructional and social behaviors that need to be addressed? Are there instructional and social behaviors that need to be addressed? Does the student have substantial difficulty organizing, planning and completing assignments? Does the student have substantial difficulty organizing, planning and completing assignments? Is the student chronically absent? For what reasons? Is the student chronically absent? For what reasons? Is there a steady increase in disciplinary incidents? Is there a steady increase in disciplinary incidents? Does the student require specialized health management? If so, what intervention and at what frequency? Does the student require specialized health management? If so, what intervention and at what frequency? © Copyright 2009 James F. McKethan, LLC Possible Accommodations List

35 Criterion for Appropriate Accommodations/Services Designed to address specific major life activities/major bodily functions in which a substantial limitation is documented. Designed to address specific major life activities/major bodily functions in which a substantial limitation is documented. Designed to meet individual educational needs of handicapped persons as adequately as the needs of nondisabled students. Designed to meet individual educational needs of handicapped persons as adequately as the needs of nondisabled students. 34 CFR (b)(1) © Copyright 2009 James F. McKethan, LLC

36 Guidelines for Accommodations Ensure the service, accommodation or adjustment is supported by evaluation data. Ensure the service, accommodation or adjustment is supported by evaluation data. Write clear and specific accommodations: Write clear and specific accommodations: Leaving no room for interpretation, Leaving no room for interpretation, avoid open-ended accommodations, and avoid open-ended accommodations, and avoid giving teachers discretion to implement. avoid giving teachers discretion to implement. Accommodations for state assessment must be used regularly in the instructional program Accommodations for state assessment must be used regularly in the instructional program Ensure teachers understand the accommodations: Ensure teachers understand the accommodations: Clarify terminology, e.g., preferential seating, extended time, etc., Clarify terminology, e.g., preferential seating, extended time, etc., provide training, if necessary, and provide training, if necessary, and develop a teacher accountability protocol. develop a teacher accountability protocol. 34 CFR (b)(1) © Copyright 2009 James F. McKethan, LLC Documents G & H

37 Scenario What are 2-3 appropriate accommodations for the student? (Complete Box #4) What are 2-3 appropriate accommodations for the student? (Complete Box #4) What are the possible unintended consequences of each accommodation? What are the possible unintended consequences of each accommodation?

38 Section 504 Re-Evaluation The District must establish re-evaluation procedures. The District must establish re-evaluation procedures. The re-evaluation must be conducted on a periodic basis. The re-evaluation must be conducted on a periodic basis. A re-evaluation procedure consistent with the special education re-evaluation requirement is one way of meeting Section 504 requirements. A re-evaluation procedure consistent with the special education re-evaluation requirement is one way of meeting Section 504 requirements. Conduct a re-evaluation prior to any significant change in situation. Conduct a re-evaluation prior to any significant change in situation. 34 CFR § (d) © Copyright 2009 James F. McKethan, LLC

39 Best Practice Review Annually and if the students situation changes (condition gets better or worse, transition, etc.) Review Annually and if the students situation changes (condition gets better or worse, transition, etc.) Re-Evaluate every three years Re-Evaluate every three years Consider dismissal if student is no longer substantially limited or if services move to an IEP. Consider dismissal if student is no longer substantially limited or if services move to an IEP.

40 Discipline A handicapped student may not be suspended for more than ten days w/o a manifestation hearing, e.g., determination that misconduct is not caused by the disability A handicapped student may not be suspended for more than ten days w/o a manifestation hearing, e.g., determination that misconduct is not caused by the disability The determination is made by the Section 504 team The determination is made by the Section 504 team The manifestation determination is a reevaluation The manifestation determination is a reevaluation Must take into account recent evaluation data that provides an understanding of the students current behavior Must take into account recent evaluation data that provides an understanding of the students current behavior OCR: Long-term Suspension or Expulsion, 1988 © Copyright 2009 James F. McKethan, LLC

41 Long – Term Suspensions The principal may initiate disciplinary procedures for 504 students when the misconduct is not directly caused by the disability. The principal may initiate disciplinary procedures for 504 students when the misconduct is not directly caused by the disability. The 504 team may modify the current educational placement when the misconduct is directly caused by the disability. If appropriate, an alternative educational placement may be considered. The 504 team may modify the current educational placement when the misconduct is directly caused by the disability. If appropriate, an alternative educational placement may be considered. © Copyright 2009 James F. McKethan, LLC

42 Discipline and Substance Abuse Current drug users are excluded from the definition of handicapped under Section 504 & the ADA. Current drug users are excluded from the definition of handicapped under Section 504 & the ADA. Current drug and alcohol users are subject to the same disciplinary action to the extent applied to non-handicapped students for similar code of conduct infractions. Current drug and alcohol users are subject to the same disciplinary action to the extent applied to non-handicapped students for similar code of conduct infractions. OCR: Staff Memo, 1991, 17 IDELR 609 © Copyright 2009 James F. McKethan, LLC

43 504 Hazards & Catch 22s Murky procedures Murky procedures High-stakes enterprise High-stakes enterprise Over-identification Over-identification Failure to identify children Failure to identify children Providing 504 plans in lieu of IEPs Providing 504 plans in lieu of IEPs Not following procedures Not following procedures Refusing to implement Accommodation Plans Refusing to implement Accommodation Plans © Copyright 2009 James F. McKethan, LLC

44 There is disagreement among the team members. Now what? 34 CFR § © Copyright 2009 James F. McKethan, LLC

45 Minimize Conflict with Parents Act promptly on parental requests for evaluations. Act promptly on parental requests for evaluations. Develop a parent-friendly brochure outlining the 504 eligibility standard and the step-by-step referral process. Develop a parent-friendly brochure outlining the 504 eligibility standard and the step-by-step referral process. Distribute brochures to local medical and mental health providers. Distribute brochures to local medical and mental health providers. Conduct Section 504 information forums for parents, community service providers. Conduct Section 504 information forums for parents, community service providers. Organize 504 team meetings with an agenda. Organize 504 team meetings with an agenda. Be knowledgeable of the students impairment. Be knowledgeable of the students impairment. Implement 504 accommodations. Implement 504 accommodations. © Copyright 2009 James F. McKethan, LLC

46 Grievance Procedures School districts shall: Designate at least one person to coordinate its compliance Designate at least one person to coordinate its compliance Adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging discrimination Adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging discrimination 34 CFR §104.7 © Copyright 2009 James F. McKethan, LLC (Documents I & J)

47 Scenario Sharing Finalize the Quality Quadrant with notes regarding your scenario Finalize the Quality Quadrant with notes regarding your scenario Choose a Reporter Choose a Reporter Share with the group the following: Share with the group the following: Summary of student Summary of student Evaluation data considered Evaluation data considered Team decision including MLA and impairment Team decision including MLA and impairment 3 accommodations 3 accommodations

48 Questions, Comments, Witty Remarks


Download ppt "GWAEA Section 504 Updates THE 1973 REHABILITATION ACT Americans with Disabilities Act Amendments Act of 2008 Implementing Section 504 as Amended by the."

Similar presentations


Ads by Google