Quick Section 504 review Alli Bristow, Middle School Counselor Florence-Carlton School District 273-0587 ex 300

504 Plan The Section 504 regulations require a school district to provide a free appropriate public education (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. Section 504 requires a school district to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met.

IEP 504 Named for Individualized Education Plan Guarantees a student with a diagnosed learning disability is taught with an individualized plan designed specifically for him/her under the auspices of a special ed. teacher. For students requiring “specialized” accommodations Requires a Special Education teacher for modifications Updated annually and possibly reevaluated every 3 years Named from Section 504c of the Rehabilitation Act of 1973 Guarantees a student with physical or mental impairment that affects one major life activity is not discriminated against because of their disability.   For students requiring “reasonable” accommodations. Does not require a special education teacher for modifications Reviewed annually; but no reevaluation is specified

Learning objectives are not specified Is a Civil Rights Statute IEP 504 Specific learning objectives Is a Federal law Parents may disagree with findings and are entitled to a fair hearing with a state appointed impartial hearing officer. Outside evaluations can be paid for by school district. Ex-ADHD students qualify if they have an coexisting condition or are severely impacted due to symptoms of AD/HD Learning objectives are not specified Is a Civil Rights Statute Parents may disagree, but the school makes the final determination since they appoint the impartial hearing officer. Outside evaluations are not covered. Ex-ADHD students can qualify if they are not finding success in the classroom due to symptoms of ADHD

Current trend is to narrow eligibility IEP 504 Evaluation process Discipline issues that require removing the child from school mandates that the child is tutored or placed in an alternative setting. Any changes in the child’s placement must be preceded by written notice to parents and student. Federal funding covers costs Current trend is to narrow eligibility Evaluation process  Is not covered under IDEA Discipline issues, if determined not to be related to the disability, can result in suspension or expulsion without mandated tutoring. Any changes in the child’s placement do not require written notice to the parents. Funding is not available Current trend is to broaden eligibility

Referral or Request for a Section 504 Evaluation An individual (parent/guardian/school staff member) may make a Section 504 referral for a student by completing a Referral Form. Examples of circumstances that may merit a Section 504 referral include when a student:  Is receiving discipline infractions or suspensions over an extended period of time which are excessive or repetitive;  Is being considered for retention;  Is exhibiting poor academic performance;  Is returning to school after a serious illness or injury over 6 months (not a broken arm);  Has received a written diagnosis by an outside agency as having a disability;  Is referred to an IDEA IEP Team for special education evaluation and does not qualify for an evaluation;  Is evaluated under IDEA and is found not eligible for special education services;  Is exhibiting a chronic health problem; substantially limiting a major life activity;  Is identified as having had substance abuse issues, but is not currently “using” addictive substances;  Or is not successful with pre-referral intervention strategies

3 key terms “Regarded as”- meets the requirement “Disability” – a physical or mental impairment Any physiological disorder, cosmetic disfigurement, anatomical loss, neurological, musculoskeletal, respiratory, cardiovascular, reproductive, digestive, immune, circulatory, organic brain syndrome, emotional or mental illness and specific learning disabilities etc. Substantial Limitation- meaning the disability substantially limits the students ability compared to most people in the general population Affects a major life activity- Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, breathing, learning, communicating and major bodily functions operations etc. “Regarded as”- meets the requirement

Complaints and Lawsuits lawsuits that have occurred with other school districts involving schools that did not follow 504s in regard to disciplining students, website access, and staff showing deliberate indifference, discrimination and harassment. OCR and procedural rights for parents Section 504 Investigation- Scott Berryman- appointed last year as a designee that would educate, document and report inappropriate harassment, bullying or intimidation based on a students disability.

Final Notes: Ongoing 504 “wave”- 504 coordinators have worked with Dana to notify parents of students on health plans of their right to request a 504 plan. The list of kids is expansive. We started our first “wave” of letters last year to more involved heath case students and this year we will send out our second wave. The possibility could eventually include to offer CSCT students 504 plans if they are not on an IEP. A temporary impairment (6 months or less) does not qualify a student for a 504. We used to tell everyone in the past with a broken arm they could have a 504 plan. This is not a disability and schools usually accommodate broken bones. 3. The team determines the accommodation plan, not the parent or the doctor. Some parents may try to bring a plan from a website that they printed off (the diabetes association has a template on their website), but this is not a school plan. I have had some doctors write notes telling us to do some things that were not medically necessary.

Final Notes: 5. Meals- Students/parents that let the school know they have a food allergy can have access to the menu and list of ingredients of meals. Also an alternative lunch is to be provided if the ingredient in question is an allergen. This is not for students who just have an intolerance or parents are choosing from them to be gluten free for example. 6. Allergies to food or other environmental triggers. Do not claim our school is free of all allergens. We can’t claim to be "peanut free" but we can use measures like wiping down seats and tables if we do have a student with severe allergies. Sports and busses- If a student has a 504 plan, then all educational parties should receive a copy of it. Bus drivers, coaches, and subs. Anyone employee that has contact with that student. Several complaints have moved into lawsuits over student athletes being told that their 504 plan could only be used in the classroom and not on the field. From now on when we have our annual 504 plans we are to notify parents that other parties involved in their student’s education will have a copy of the plan. If a parent refuses then the offer of the plan is withdrawn. 7. Accessibility of websites- under section 504, ADA and DOJ schools have some obligation to make the content of their websites accessible under ADA.

Questions?