Overview and Compliance Requirements South San Antonio ISD December 14,

Legal Overview, Child Find, and the role of the Office of Civil Rights 2

Legal Overview Anti-Discrimination Laws Based on Disabilities Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act (ADA) of 1990 Americans with Disabilities Act (ADA) Amendments, 2008 (effective January 1, 2009) 3

What is Section 504? A civil rights law that prohibits agencies that receive federal funding from discriminating against persons with disabilities on the basis of a disability. 4

What is the Purpose of Section 504? Main emphasis in the schools is to ensure equal educational opportunity for eligible disabled students Accomplished by providing appropriate classroom accommodations and services to eligible disabled students Includes preschool and adult education, extracurricular and non-academic activities 5

Code of Federal Regulations (CFR) The 504 guidelines for public school district’s responsibilities and procedures for anti-discrimination are outlined and established in the Code of Federal Regulations (CFR), under 34 CFR Part 104, primary Parts A and D. Where specifically is the code that relates to public and private education? These codes may be found on the U.S. Department of Education’s website at the referenced link: 6

ADA Amendment To effectuate the ADA’s purpose, the Amendments Act specifically does the following: Directs that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) may not be considered in determining whether an individual has a disability Expands the scope of “major life activities” by providing non- exhaustive lists of general activities and major bodily functions Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active Clarifies how the ADA applies to individuals who are “regarded as” having a disability 7

Office of Civil Rights Guidance for ADA Amendments Act of 2008 The U.S. Department of Education’s Office of Civil Rights webpage contains an updated Frequently Asked Questions to clarify the requirements of Section 504 as amended in the area of public elementary and secondary education The actual text of this 2008 Amendment is printed in the Appendix of The Dyslexia Handbook (Revised 2007, Updated 2010) 8

Section 504 and Child Find In order to locate and identify students in need of Section 504 protections from anti-discrimination, all district and staff employees have an obligation to be part of a team that identifies and evaluates all students who may have a disability Refer to Handout #1 9

Section 504 and Child Find Part 104, Subpart D, Sec – Location and notification. A recipient that operates a public elementary or secondary education program shall annually: - (a) Undertake to identify and locate every qualified handicapped person residing in the recipient’s jurisdiction who is not receiving a public education; and - (b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient’s duty under this subpart. 10

Underlying Principles of Section 504 and ADA as Amended 1. Civil rights statute to protect the rights of individuals with disabilities against discrimination. 2. Requires school districts to provide a “free appropriate public education” (FAPE) to qualified students. Substantive Due Process + Procedural Due Process _______________________ FAPE (free appropriate public education) 11

FAPE Special Education: Provision of services, such as accommodations, designed to meet the educational needs of the disabled students as adequately as the needs of nondisabled students are met Provision of an IEP reasonably calculated to confer meaningful educational benefit to the student 12

FAPE Section 504: Equal educational opportunity Provision of services plan that includes accommodations or services that level the playing field so student can access curriculum as adequately as nondisabled students 13

Section 504 Services Generally speaking, students who qualify only under Section 504 will: not receive direct instructional services of a specialized nature (with the exception of dyslexia and related disorders), and in most cases, receive related aids and services and/or accommodations in a regular education setting as specified within their Section 504 Plan. Refer to Handout #2 14

Texas Dyslexia Law In Texas, the identification and instruction of students with dyslexia and related disorders are mandated and structured by two statutes and one rule. Texas Education Code (TEC) § (1) defines dyslexia and related disorders, (2) mandates testing students for dyslexia and providing instruction for students with dyslexia, and (3) gives the SBOE authority to adopt rules and standards for administering testing and instruction. Chapter 19 of the Texas Administrative Code (TAC) §74.28 outlines the responsibilities of districts and charter schools in the delivery of services to students with dyslexia. Finally, The Rehabilitation Act of 1973 Section 504 as amended in 2008 (§504) establishes assessment and evaluation standards and procedures for students. Reference The Dyslexia Handbook, p. 6 15

Overlay of Texas Dyslexia Law Dyslexia Regular Ed Special Ed Section

Rights Protected under Section 504 Right to be free from actions that discriminate on the basis of disability; Equal right to access extracurricular activities and nonacademic services; Right to manifestation determination prior to disciplinary changes in placement; Right to protection from accumulations of short- term disciplinary removals that, collectively, amount to a pattern of exclusion; Right to make complaints to the Office of Civil Rights (OCR); Right to Section 504 Due Process Hearings; Right to periodic evaluations. Refer to Handout #3 17

Who oversees Section 504? U.S. Department of Education’s Office of Civil Rights The mission of the Office of Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. 18

OCR Enforcement of Section 504 How does OCR enforce Section 504 and Title II of the ADA as amended? On-site investigation of complaints, compliance reviews, and early resolution agreement Appeals: The complainant may appeal to the Deputy Asst. Sec. for OCR Enforcement Noncompliance: 1) Initiate a termination of federal financial assistance 2) Refer the case to the Dept. of Justice for judicial proceedings 19

Section 504 Accommodation Plans are Legal Documents Failure to provide accommodations is a violation which could place specific individuals, the campus and/or district in positions where they have to defend the failure to accommodate before a hearing officer or judge. 20

Legal Background Review 1. Section 504 and the ADA are both _________ laws, overseen by the _________ that provides protection to students based upon their disabilities. 2. Section 504 is concerned with the ______________ that allow students to access a Free Appropriate Public Education. 3. All district staff are responsible for the ____________ component of Section

Section 504 Referral & Eligibility Determination 22

Referral Facts Parents, teachers, nurses and school staff may refer a student for Section 504 evaluation at any time. Referral does not have to be triggered by educational need. A medical diagnosis is not required for a referral. RtI process cannot be used to delay or deny an evaluation for eligibility. A campus/district cannot require that a student complete a “round” of RtI before evaluation will be initiated. Refer to Handout #4 23

Evaluations under Section 504 Duty to evaluate is triggered by suspicion of disability and need for services There is no right to an evaluation on demand Placement decision must be made by a group of persons Knowledgeable about the child Understands the meaning of the evaluation data Understands the placement options Evaluation precedes delivery of services 24

Evaluations under Section 504 Evaluation under Section 504 refers to the collecting, gathering, and interpreting of data from a variety of sources about the student’s educational functioning. Parental consent is required prior to initial evaluation. Periodic re-evals – at least every 3 years. Parental consent is not required if reviewing existing education data 25

Evaluations under Section 504 Decisions to be made by the committee: 1. *What is the physical or mental impairment? 2. Is one or more major life activity or major bodily function impacted? 3. Is there substantial limitation? 4. If eligible, does the student require a services plan? 5. What services or accommodations are appropriate? 6. What needs does the student have and how does that affect the educational services? *Not a “diagnosis,” but an educational finding (diagnosis required for medical treatment, not 504 determination) 26

Does Every Student Referred have to be Evaluated? No. Refusing campuses should provide a letter to the referring parent or guardian explaining the district’s reason for refusing to evaluate. Parents have the right to appeal the refusal to evaluate. 27

Who is Eligible? “Students with Disabilities” means any student who… 1 st Prong has a physical or mental impairment which substantially limits one or more major life activities. 2 nd Prong has a record of such an impairment. 3 rd Prong is regarded as having such an impairment. 28

Who is Eligible? A student is eligible if… …the student has a physical or mental impairment… …that substantially limits a life activity. 29

Who is Eligible? Economics, Environment, Culture Impairments 504 IDEA 30

Eligible Physical or Mental Impairments Including but not limited to (34 CFR Sec ): Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculosketal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic, and lymphatic, skin, and endocrine. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Traumatic Brain Injury (TBI) – for more information refer to Traumatic Brain Injury (TBI) Resource Document: Re-entry of Students with a TBI to the School Setting 31

Major Life Activities (include, but not limited to)  Breathing  Caring for oneself  Hearing  Learning  Performing manual tasks  Seeing  Speaking  Walking  Working  Bending  Communicating  Concentrating  Eating  Lifting  Operation of a major bodily function  Reading  Sleeping  Standing  Thinking 32

Mitigating Factors & Eligibility Students are disabled under Section 504 if they have a physical or mental impairment that WOULD substantially limit them in a major life activity IF THEY WERE NOT taking advantage of mitigating measures. Mitigating factors cannot be considered when considering the limits on life activities, but can be considered when determining accommodations. The only exception would be typical eye glasses or contacts. 33

Mitigating Factors: Examples Reasonable accommodations RtI or General Ed Dyslexia interventions Implanted devices Medical equipment/supplies Hearing aids Cochlear implants Mobility devices Oxygen Therapy equipment/supplies Assistive technology Learned behavior or adaptive neurological modifications Medication 34

Determining Eligibility attendance, medical history, student/parent reports, teacher reports, educational history, STAAR test results, grades, behavioral reports, current allowable accommodations PHYSICAL IMPAIRMENT school nurse reports, doctor reports, diagnoses, prescriptions MENTAL IMPAIRMENT standardized achievement testing, private educational psychologists, speech, OT evaluations, or other diagnostic reports 35

Episodic Conditions Episodic conditions evaluated as if active: Conditions with variable ups and downs (e.g., seasonal asthma, ADHD, epilepsy) Evaluation must be conducted as if condition was in its most active or worse state 36

Conditions in Remission Conditions in remission evaluated as if active: Conditions that are gone, but could return Evaluation must be conducted as if condition was in its present, full-blown state Examples: student who has cancer, but the cancer is in remission; student who has sickle cell anemia 37

Dyslexia Evaluation: Domains to Assess Academic SkillsCognitive Processes Letter knowledge (name and associated sound) Reading real and nonsense words in isolation (decoding) Reading fluency (both rate and accuracy should be measured) Reading comprehension Written spelling Phonological/phonemic awareness Rapid naming 38

Dyslexia Evaluation: Additional Areas for Assessment Based on the student’s academic difficulties and characteristics, additional areas that may be assessed include the following: Vocabulary Listening comprehension Oral expression Written expression Handwriting Orthographic processing Mathematical reasoning Intelligence 39

Dyslexia Evaluation: ELLs What are the additional guidelines for evaluation for dyslexia in ELLs? Additional data gathering Additional assessment Interpretation by personnel trained in bilingual assessment and interpretation procedures Recommended involvement of LPAC (Committee) 40

Medical Conditions If a student’s medical condition requires that others outside of the school nurse know about the condition or to take actions to accommodate the student, Section 504 should be considered. School nurses must participate in all Section 504 meetings involving medical conditions. School nurses will ensure that all appropriate medical orders are obtained from the student’s medical providers. 41

Technically Eligible Students A student whose condition is fully addressed by use of mitigating measures, and thus performs adequately in all domains of school functioning Eligible for Section 504 but would not receive a 504 services plan Challenge will be keeping track of these students for 3 year re-evals and MDR 42

Technically Eligible Students What services do the they receive? Right to be free from actions that discriminate on the basis of a disability Right to MDR prior to disciplinary changes in placement Right to protection from accumulations of short term disciplinary removals (OCS) Right to make complaints to OCR Right to Section 504 Due Process Hearings Right to periodic re-evals Equal right to access extracurricular activities and nonacademic activities For further information, reference “An Overview of Section 504 Basics” page 13 43

ADHD (DSM-V) Onset of symptoms before age 12 Pervasive across at least 2 settings (e.g., home and school) Additional characteristics listed in the DSM-IV currently, and in 2013, the DSM-V 44

Speech Impairments Speech impairments should be referred for Special Education evaluation, and should not be evaluated for under Section 504. However, it is very important for all staff to consider the impact of speech impairment on the student’s acquisition of reading skills. There is a close association particularly with speech sound disorders and characteristics of dyslexia which can impair reading development. 45

Temporary Impairments Temporary impairments lasting for less than 6 months typically do NOT qualify for Section 504. Campus should work with student who has the temporary impairment through a health plan. Students who need accommodations may receive them by completing the appropriate school forms documenting the temporary impairment and needed accommodation. 46

Discipline & Manifestation Determination Some students will need behavioral intervention plans that address additional conditions for handling student conduct and responding to student’s behavior. 47

Discipline & Manifestation Determination 2 Questions for Manifestation Determination: Question #1: Was the conduct in question caused by, or directly and substantially related to the student’s disabilities? Question #2: Was the conduct in question the direct result of the school’s failure to implement the student’s Section 504 plan, if there was any such failure? 48

Who Determines Eligibility? A committee of people who know the student best: Someone knowledgeable about the student Someone capable of understanding the evaluation information Someone knowledgeable about accommodation/placement options Refer to Handout #5 49

Further information needed? What happens if the committee does not have enough information to determine eligibility? The team should: discuss additional information needed. obtain signed consent from the parent for any identified evaluations or testing, or a signed release form that allows the school to obtain information from the student’s medical providers. agree to meet again when the information is available. contact the District Section 504 Coordinator for assistance in obtaining additional evaluations. 50

Transfer Student What does a school do when a student transfers with a Section 504 Plan? The school should implement the Section 504 plan until the Section 504 committee meets to discuss the plan. For students transferring from another school with a complete and current Section 504 file, the school meets to review the plan and ensure that the accommodations still meet the student’s needs. For students transferring from a charter school or other non-ISD schools, the school meets to conduct an eligibility and planning meeting. 51

Re-Evaluations Annual Review 3- Year Re-Evaluation Review the Individualized Accommodation Plan (IAP). Determine the effectiveness of the plan and the. accommodations based on input from teachers, parents, and students. Ensure the plan is distributed to appropriate staff for the new school year. The impact of the impairment upon major life activities must be reviewed at least every 3 years. Student may no loner be eligible for Section 504 protections or services if the impairment no longer limits a major life activity, and the student no longer needs accommodations. 52

Referral & Eligibility Review 1. Eligibility is based upon a student having a ______ or ______ impairment that substantially limits a _______. 2. Determine substantially limits by comparing to the _______ person in the general population. 3. A team with people who know the student best and who can _________ evaluations and determine appropriate ________ must consider a variety of information and reconvene if not enough information is available. 4. _______ cannot be considered when determining eligibility. 5. Temporary impairments typically do not fall under Section 504 if the student will be impaired for less than ____ months. 6. Health impairments that are _______ or in _______ may qualify under Section

Section 504 Procedures, Planning, & Accommodations 54

Procedure Diagram Notice of Rights & Protections Permission to Evaluate Evaluate (60 days), Re-evaluation Section 504 committee determines eligibility & nature of IAP Notice of Section 504 committee decisions are provided to parent IAP distributed to appropriate faculty and staff IAP implemented & monitored 55

Section 504 Accommodations Students who are eligible often require some type of accommodation or related aids and services that are necessary for the child to: access his or her educational program be provided with an equal educational opportunity gain access to a free appropriate public education 56

Appropriate Accommodations Appropriate accommodations must: match specific student needs address the student’s identified disability be clear and specific 57

Additional Assessments Additional types of evaluations are needed to aid in determining needed accommodations for: Assistive Technology Behavioral Assessment 58

STAAR Accommodation Guides Selection of testing and STAAR Accommodations should be effective and necessary. All decisions must be made by a Section 504 Committee when determining accommodations. Refer to Handout #6 and TEA Accommodations Triangle 59

Accommodations What areas of accommodations should a team consider? Anything impacting access to participating in the school day Testing Transportation Assistive technology Discipline Refer to Handout #7 60

Miscellaneous Thoughts Match services to specific student needs Match eligibility question to major life activity (not just impact on learning) Don’t provide services/accommodations under the table Be careful in situations where students are receiving informal or campus-based (RtI) accommodations Avoid generic checklists, ambiguous terms A medical diagnosis is not needed to determine disability Schools are making an educational determination 61

Miscellaneous Thoughts Child Find – focus on students with obvious needs and whose parents have requested an evaluation Don’t go hunting for technically eligible students Take parent request seriously, but don’t allow committee members to be bullied Committee has final say in accommodations/services Over-accommodating can deny FAPE 62

What do 504 Coordinators do after a 504 meeting? Ensure all necessary staff members receive a copy of the 504 plan and understand how to implement Ensure the parent/guardian receives a copy of all 504 documents Monitor implementation of Section 504 plans Ensure that all Section 504 forms are submitted according to specified district processes based on district process 63

Resources OCR Guidance for Public Schools (ADAAA) pdf OCR Section 504 Q & A Section 504 Compliance Advisor 64

Contact Information District 504 Coordinator Lorena Gonzalez Region Coordinator Amy Strauch