Section 504 of the Rehabilitation Act YUHSD August, 2015 Section 504 of the Rehabilitation Act …At a Glance

Agenda What is a 504? What is the Process?

A Few Important Things… Section 504 is NOT a special education law Section 504 is NOT a consolation prize Section 504 is not as specific a law as the IDEA Section 504 is a civil rights law Section 504 General Education accommodations Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

Section 504 Civil Rights Law, passed in 1973, preventing discrimination based on disabilities and maintains that reasonable accommodations are to be made to ensure participation by individuals with disabilities Because virtually every school district in the country accepts federal funds, public education is directly affected.

What is the process?

Steps to Develop a 504 Plan Refer student for 504 eligibility meeting and collect data. Establish if student meets eligibility criteria through 504 eligibility team process/meeting If eligible, develop 504 Accommodation Plan with beginning and ending date for a given year. Obtain written parent consent to implement the plan. Distribute and explain 504 plans to staff for implementation. eIEPPRO forms completed. 504 Coordinator monitors plan.

Who may Qualify?

Criteria for consideration of the 504 A person may be considered disabled under the definition of Section 504 if the individual: Has a mental or physical impairment which substantially limits one or more major life activities (e.g., walking, seeing, speaking, learning, self-care, performing manual tasks, hearing, breathing, working) Has record of such impairment Is regarded as having such an impairment

May Qualify if Disability Substantially Limits 1 or More of Major Life Activities Attention Deficit Disorder (ADD) Attention Deficit Hyperactivity Disorder (ADHD) Acquired Immune Deficiency Syndrome (AIDS) Arthritis Asthma Cancer Emotionally Disturbed Homebound Obesity Students with Special Health Care Needs Students with history of illegal drug use who have been successfully rehabilitated or participating in a rehabilitation program and is NOT currently engaging in the illegal drug use.

Referral Form eIEPPRO Evaluation Referral

Evaluation Presence of the Disability Impact of disability on school-related activity Level of impact

When Should a District Consider a 504 referral? A 504 should be considered when the district has reason to believe that a student may have a disability which impacts a minimum of one daily life function… A parent advises a school district of problems A teacher refers a student for a possible disability A student has a medical diagnosis A student has excessive absences due to a illness

504 Team

What Constitutes a 504 Team? 504 Team: Group of individuals knowledgeable about: The student The meaning of evaluation data Potential placement options Site 504 Coordinator: Administrator, Counselor, School Psychologist District 504 Coordinator: When necessary Others: OT/Speech/PT, compliance coordinator,

Guiding Questions for 504 Eligibility Does the student have a disability? What evidence supports a disability? Does student’s disability substantially limit 1 or more life’s activities? Does student qualify and is eligible for a 504 plan? If yes, what specific accommodations are necessary?

Eligibility Determined Eligibility Summary Form Eligibility Determination Report

Who Isn’t Eligible for a 504 Plan? Remember ………………. A 504 plan is not a consolation prize A student is not automatically eligible for a 504 plan just because he/she doesn’t qualify for an IEP A student is not automatically eligible for a 504 plan just because he/she is dismissed from Special Education and no longer qualifies for an IEP

Service Plan Developed Consider area in which there is impact “Allows student to participate in and benefit from public education programs and activities” Physical, instructional, social/emotional/behavioral accommodations May include regular or Special Education and related aids and services * In this situation… include Special Education Campus administrator or Instructional leader or Director of Student Services or Compliance Coordinator in decision. Refer to pg. 44 in packet. Service Plan

Plan Implemented and Monitored No required elements like an IEP Goals not required Must include a plan for periodic review Should appoint a “Contact Person” to monitor the plan and communicate with family Method to document staff is informed of the plan Failure to implement a 504 plan can have serious legal consequences- people can be held personally liable

Special Steps for Discipline Same protections and timelines for suspension/ expulsion as Special Education students If pattern, Manifestation Determination within (or prior to) 10 days If currently using illegal drugs or alcohol, hold meeting to discuss eligibility. Show Pattern form p.48. Show the Manifestation Determination page p.49. Recommend our Discipline workshop if questions.

Manifestation Determination Must be conducted by the 504 team using all relevant evaluation data. SFS Representative must be invited and participate in the meeting. Required when a discipline sanction could result in a change of placement. Team determines if there is a direct relationship between disability and alleged misconduct. No relationship—Proposed disciplinary action continues as recommended by site admin. Relationship— Proposed disciplinary action does not continue Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

Key Compliance Issues

Disagreement with Parents Parents must be given their rights at the beginning of the meeting. If parents disagree with what district is proposing regarding assessment, eligibility, or plan, use the Prior Written Notice form. (special education) If dispute arises….contact the Director of Student Services (Lisa Anderson) or Compliance Coordinator (Robin Pugliese) immediately. Parents can appeal to the Office for Civil Rights.

Parent Rights

504 Summary Civil Rights Legislation passed in 1973 designed to prevent discrimination on disabilities Designed to remove barriers from the disabled Requires reasonable accommodations for individuals with disabilities that substantially limit 1 or more of life’s major activities Requires Free Appropriate Public Education within the Least Restrictive Environment through a formal eligibility process Provides protections to individuals who are denied reasonable accommodations through the Office of Civil Rights