§504 Training Your role in §504

RTI Effort made by student’s teachers to assist a child who struggles. Accommodations and supports that a teacher feels are necessary to help the student achieve. Documentation done at Administration Request.

STAAR/TAKS/RTI All students who are provided accommodations and supports under RTI must take STAAR/EOC/TAKS on grade level. All accommodations and supports provided under 504 can be provided under RTI.

RTI vs. 504 If a child qualifies for an Accommodation Plan under §504, the paperwork must be kept correctly to avoid non-compliance with the Office of Civil Rights.

Referral All referrals shall be made to the Campus §504 Coordinator (Counselor). Referrals can come from parents, teachers, administrators or other school personnel. If you do not make the referral, you could be asked to assist in gathering information for the referral process.

Evaluation Parent permission must be obtained in order to evaluate a student for §504 services. Evaluation data comes from parents, teachers, administrators and outside medical personnel.

Teacher Input For each student referred to 504 that you teach, you will be asked to fill out a Teacher Referral Form by the 504 Campus Coordinator (Counselor). All information requested is necessary to complete a thorough evaluation of the student.

Teacher Input Form The form is in a PDF format that you can complete online. You can save it and it or print it and hand deliver it to the 504 Coordinator. This form must be completed prior to the 504 Meeting.

Completion of Form To do a proper evaluation it is important to FULLY complete this form. FULLY and ACCURATELY completing the Teacher Input Form will provide needed data to support 504 decisions. TIMELY completing this form allows 504 Campus Coordinators (Counselors) to manage files more efficiently.

The 504 Meeting It will be convened after the evaluation data is gather by the 504 Campus Coordinator (Counselor). You may be asked to be a participant in the 504 meeting. You will need to review the evaluation material prior to the meeting

Determination of a Plan The committee will review all the evaluation information presented to the committee For a student to be eligible for a §504 plan, the student must meet all three of the following criteria. –A physical or mental impairment –That substantially limits one or more major life activities –It must be because of this disability that the student is unable to gain equal access and benefit from school programs and services.

“Record of such an impairment” and “Regarded as having such an impairment” Eligibility under these prongs is limited to the anti- discrimination provisions. Without a current impairment, there is no educational need, and no eligibility for educational services. The District has no duty to refer, evaluate, or place students who qualify under these prongs. The District’s only duty is to not discriminate against the child because of a history or perception of an impairment

Physical or Mental Impairment Just about every physical or mental impairment is included. Examples include: blindness and deafness AIDS Cancer Diabetes Former drug or alcohol addiction Speech disorders Mental retardation

Substantially limits one or more major life activities Substantially limits: –The Office of Civil Rights has provided very little guidance on the definition of the phrase “substantially limits.” –Take guidance from ADA. Under the ADA, a major life activity is substantially limited when a person is: Unable to perform a major life activity that the average person in the general population can perform; or Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the general population

Temporary Disabilities A student with a temporary disability, such as a broken leg, may qualify for 504 services. –The inquiry is whether the impairment substantially limits one or major life activities, not whether the impairment is temporary or permanent.

Accommodations and Supports The 504 Committee will determine which accommodations & supports are appropriate for each class. Each class must be considered for appropriate accommodations & supports to prevent discrimination.

Documentation A teacher must ALWAYS do accommodations & supports listed on the plan for a particular class A teacher may not unilaterally decide not to provide an accommodation or support. The accommodation or support can’t be listed on the plan “as needed.”

Teacher Records Each teacher must keep documentation of each accommodation & support each time it is used. Teachers may provide accommodations & supports to students whenever necessary without documentation. Teachers should only list on the plan what is absolutely necessary to prevent discrimination. Accommodations & Supports provided to EVERY student should not be listed on the plan.

Record Keeping At the end of each six weeks, teachers must provide to the 504 Chair (Administrator), documentation of the accommodations & supports provided to the student which are in compliance with the Plan.

Disciplinary Action If the student has a Behavior Intervention Plan, the teacher must implement the plan and provide documentation to administration at the end of each six weeks regarding the implementation of the plan.

Written Documentation If it is not in writing, it did not happen. If it is on the plan, it must be documented in writing. If the plan needs to be changed, ask the §504 Coordinator (Counselor) to convene a §504 meeting to review the accommodations and supports.

How §504 Affects YOU! Failure to implement accommodations & supports and/or Behavior Intervention Plans for a student can result in District Federal Funds being compromised.

Examples Parent filing complaint with SBEC against your certificate for failure to implement §504 Plan is costly and time consuming. Parent filing complaint with OCR alleging your failure to follow the law requires the District to spend is costly and time consuming of District resouces.

New Forms Easy to fill out/very little time. PDF – can be saved and ed or saved, printed and hand delivered. Documentation – ensures compliance with state and federal law.

Questions & Answers Rhonda Crass Equity Partner Henslee Schwartz, LLP