Understanding and Navigating Section 504 Yale-New Haven Hospital July 9, 2016 Alice Rosenthal, JD Medical-Legal Partnership Project Center for Children’s Advocacy

Center for Children’s Advocacy Statewide non-profit representing the rights of disadvantaged children Medical-Legal Partnership at Yale-New Haven Hospital to improve children’s health outcomes

Working with your child’s school Collaboration, cooperation and planning are key elements in developing and implementing successful plans at school Open communication is important

Developing a plan Individual Health Care Plan Emergency Care Plan Section 504 Plan Check in with the school nutrition office in your district

Section 504 of the Rehabilitation Act of 1973 “No otherwise qualified individual with a disability…shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” Really one of the first federal civil rights laws passed by congress protecting people with disabilities

Which children are covered under 504? Physical or Mental Impairment that substantially limits one or more major life activities. Record of impairment or regarded as having a disability

What is a major life activity? Major life activities include “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.” Major life activities can also be bodily functions including “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

The 504 Process Section 504 Coordinator Parent requests meeting School conducts PPT meeting to determine eligibility Implement 504 plan Grievance procedures

Section 504 Meeting Participants: persons knowledgeable Parents Teachers Social worker School nurse

Section 504 Meeting Evaluation of Data Review medical documentation Review applicable tests Impact accessing education major life activity Periodic review

Section 504 Meeting What to bring to the meeting Proof of your child’s celiac disease diagnosis An explanation of why celiac disease restricts your child’s diet A written statement regarding how celiac disease can negatively affect your child’s education A list of foods to be omitted and substituted during meals and snacks It must be made absolutely clear that not treating celiac disease with the gluten-free diet will adversely impact your child’s education.

Pop Quiz Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504? No. Having a disability is not enough to qualify for 504 services.  The disability must interfere with your child's ability to learn or access school programs.

Section 504: Reasonable Accommodations Reasonable accommodations must be made to allow the disabled person to receive the same opportunity and experience as their nondisabled peers. Unique to Child – Unique to Disability

Section 504: Reasonable Accommodations Ensuring access to gluten-free food in the classroom and cafeteria Excused absence from activities that use gluten-containing foods or materials or modify materials Preventing cross-contamination in the cafeteria (e.g. educating chefs) Field trips Use of microwave to heat personal lunches Bathroom privileges Permitting extra absences for medical appointments and sick days when necessary Responsive school nurse and faculty

What is the difference between Section 504 and special education services? Under IDEA, the disability must adversely affect the child’s educational performance IDEA is for children whose disability affects their learning in the classroom, Section 504 is for children whose disability affects their functioning in school If a child qualifies for IDEA, they do not need a separate 504 plan

Advocacy Tips Keep copies of all your child’s school records Put everything in writing Talk with the people who work with your child at school Be persistent Maintain a productive conversation Bring along a friend or family member

Due Process Rights Section 504 violations File a complaint with the Office of Civil Rights File a complaint in Federal Court

Resources 211 Infoline Office of Protection and Advocacy Office of Civil Rights Statewide Legal Services

Thank You! Alice Rosenthal arosenthal@kidscounsel.org 203-688-0113