Section 504 Overview

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled students are met

Section 504 Overview Section 504 is anti-discrimination law: – A student under Section 504 cannot be discriminated against based on disability – Must have the same access as any non-disabled peer to their education; including sports and extra-curricular activities

Section 504 Overview Who is covered under Section 504? To be covered under Section 504, a student must be “qualified” (which roughly equates to being between 3 and 21 years of age, depending on the program, as well as State and Federal law, and must have a disability) [34 C.F.R. § 104.3(k)(2)].

Section 504 Overview Who is an “individual with a disability”? An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity

Section 504 Overview Therefore, we must ask 3 questions to determine eligibility: 1.Does the student have a physical or mental impairment? An impairment may include but is not limited to conditions such as dyslexia, diabetes, epilepsy, allergies & ADHD.

Section 504 Overview 2. Does the impairment substantially limit one or more major life activities? – Any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning, behavior or health-related condition.

Section 504 Overview 3. Which major life activity does it limit? Self-careBreathing Manual tasksInteracting with Others WalkingWorking SeeingReading SpeakingStanding SittingLifting ThinkingBending LearningConcentrating

Section 504 Overview How is a student referred for a Section 504 evaluation? – Someone has knowledge that a student has an impairment that is substantially limiting a student then that person can make referral – A referral can be made by a teacher, a parent/guardian or the student him/herself

Section 504 Overview Information used for doing an evaluation under Section 504 includes but not limited to – Formalized testing such a Dyslexia assessment or outside evaluation information – Current and past grades – Teachers’ reports and notes – Information from parents and other agencies – State assessment scores or other school administered test – Observations, discipline records, attendance records, RTI records – Health records and adaptive behavior information

Section 504 Overview Section 504 Committee – The Section 504 committee shall be composed of at least two persons, including a persons that has knowledgeable of the student, the meaning of the evaluation data, the placement options, and the legal requirements regarding least restrictive environment and comparable facilities for students with disabilities. – Campus administrators, teachers and parents/guardians are all part of a Section 504 committee (older students are encouraged to be a part of the Section 504 meeting)

Section 504 Overview Determining eligibility for a student under Section 504 – As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, the committee must not consider the ameliorating effects of any mitigating measures that student is using * To decide eligibility the committee looks at the students without the “things” that they do to deal with the disability (medication, therapy, counseling, Dyslexia program and other supportive things)

Section 504 Overview Accommodations are decided on under Section 504 by the committee – Each student’s accommodations are determined individually (not based on a list for a specific disability) – Based on the nature of the disabling and what that student needs in order to have an equal opportunity to access their education as compared to their non-disabled peers

Section 504 Overview Accommodations that may be used, but are not limited to can include: – Extended time on tests or assignments – Peer assistance with note taking – Frequent feedback – Extra set of textbooks for home use – Computer-aided instruction – Enlarge print – Positive reinforcements – Behavior intervention plans – Preferred seating assignment – Test taking accommodations—oral administration

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Section 504 Overview IDEA Funding statue Discrete categories of disabilities Procedural Due Process IEP’s reasonably calculated to convey educational benefit Child Find Consent for Evaluation Consent for Placement Re-Evaluation IEP Team Discipline-Manifestation Determination Section 504 Non-funding statue Broadly defines disable students Procedural Due Process Meet the needs of disabled students as adequately as the needs of non-disabled students are met Child Find Consent for Evaluation No consent for Placement Re-Evaluation 504 committee Discipline-Manifestation Determination

Section 504 Resources U.S. Department of Education: – U.S. Department of Health & Human Services: – Texas Education Agency: – U.S. Department of Justice –

Section 504 Contacts Kerry Palmquist- RTI Coordinator office – Kim Paetzel- District Facilitator of §504 – office – Each campus has a staff member designated as that campus 504 Coordinator- who is it on your campus?