Public Schools and Student Issues Section 504 Public Schools and Student Issues

What is Section 504? Fundamentally, Section 504 is a civil rights law passed by Congress in 1973 to protect persons with disabilities from discrimination based on disability. In the late 70’s, provisions were included to address protections for students with disabilities in public schools. Regulations included requirements for child-find, evaluation, procedural safeguards, and development of an individualized plan (when needed). CRA 1964 – race, color, creed, language 1973 – added disabilities 2008 – reauthorized ADA and broadened definitions and major life activities; went into effect on Jan. 1, 2009

American with Disabilities Education Act Telecommunications Public Transportation Section 504 Employees Parents IDEA Spec. Educ. Child Focus Other Individuals Students School Focus Business Public Buildings Extra Curricular Community Focus

Eligibility under Section 504 Bottom line of Section 504 Eligibility… Is there a physical or mental impairment? Does the physical or mental impairment substantially limit a major life activity?

Who is considered handicapped under §504? The student must meet one or more of the following definitions… 1. Has a physical or mental impairment which limits one or more major life activities. 2. Has a record or history of such an impairment 3. Is regarded as having such an impairment 1st prong – eligible for accommodations Only duty for 2nd and 3rd prongs is non-discrimination 504 uses the term “handicapped” but current preference is “person with a disability” “regarded as” prong – not entitled to accommodations, but can’t discriminate (i.e HIV positive)

Major Life Activities include, but are not limited to: Eating, sleeping, walking, speaking, bending, concentrating, thinking, learning, reading, communicating, caring for oneself, endocrine function, circulatory function

Section 504: Two-pronged Eligibility Two main factors: Does student have current physical or mental impairment? Does impairment substantially limit major life activity?

What is a “major life activity”? Long standing examples of major life activities (not an exhaustive list) Walking Seeing Hearing Breathing Learning Working Caring for oneself The activity need not be related to learning to come under §504

Major Life Activities include, but are not limited to: Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating Walking Respiratory funtion

Section 504: Physical or Mental Impairments Broader than special education (IDEA) Examples of potential 504 disabilities Dyslexia ADHD/ADD Communicable diseases Chronic illnesses (cancer, diabetes, asthma)

Section 504: Substantial Limitation Not defined in 504 regulations OCR guidance: Unable to perform a major life activity compared to the average student in the general population

WISD Section 504 Process… Student is suspected of having a disability Referral for a Section 504 evaluation is made Evaluation Process Committee of knowledgeable people determine if the student is eligible for Section 504 Plan is created by committee Annual meetings are conducted Re-evaluation is completed every three years

Section 504 Committee Members By regulation, the Section 504 Committee is a group of knowledgeable people. Knowledge of the child Knowledge of the evaluation data Knowledge of placement options Committee determines eligibility and creates the plan for student

Section 504 Student Service Plan This is the “plan” for the student It is an “individualized” plan Services provided and accommodations

Section 504: Plan/Accommodations Equal opportunity to participate Level the playing field – not provide above and beyond “Reasonable accommodations” Address accommodations, not modifications

Classroom accommodations and state assessment accommodations Must needed and routinely used Must be used in the classroom routinely to be used on state assessments Determined by the 504 committee which are appropriate and warranted Classroom accommodations and state assessment accommodations