Section 504 & Dyslexia Training Esequiel Garcia Jr., Ed.D. September 1, 2014 Esequiel Garcia Jr., Ed.D. September 1, 2014

Agenda  Section 504 Definition  Program Eligibility  Substantial Limitation  Accommodation Plan  Yearly Evaluation  Section 504 Requirement  Dyslexia  District Numbers  Dyslexia Documentation  Process & Procedures  Section 504 Definition  Program Eligibility  Substantial Limitation  Accommodation Plan  Yearly Evaluation  Section 504 Requirement  Dyslexia  District Numbers  Dyslexia Documentation  Process & Procedures

Section 504 Definition Section 504 of the Rehabilitation Act of 1973 It is civil rights legislation for persons with disabilities, designed to prevent any form of discrimination based on disabilities. Section 504 of the Rehabilitation Act of 1973 It is civil rights legislation for persons with disabilities, designed to prevent any form of discrimination based on disabilities.

Eligibility Who Is Disabled Under Section 504? An eligible student is one with  a physical or mental impairment  that substantially limits learning or another major life activity Who Is Disabled Under Section 504? An eligible student is one with  a physical or mental impairment  that substantially limits learning or another major life activity

Eligibility, Cont. Section 504 Three Prong Approach To Eligibility: Disability/Impairment is defined as a person who:  Disability that substantially limits one or more major life activities  Has a record of an impairment  Is regarded as having an impairment Section 504 Three Prong Approach To Eligibility: Disability/Impairment is defined as a person who:  Disability that substantially limits one or more major life activities  Has a record of an impairment  Is regarded as having an impairment

Substantial Limitation Definition The OCR has ruled that the phrase is to be defined by the loc.al educational agency, and not OCR. Definition The OCR has ruled that the phrase is to be defined by the loc.al educational agency, and not OCR.

Guidance from Americans Disability Act, ADA What are the Factors for Determining Substantial Limitation?  Consider the following questions:  Is the impairment mild or severe?  Does the impairment result in failure or the student's not achieving near expected level?  Does the Impairment Impact on a Major Life Activity? If so, how and for how long? What are the Factors for Determining Substantial Limitation?  Consider the following questions:  Is the impairment mild or severe?  Does the impairment result in failure or the student's not achieving near expected level?  Does the Impairment Impact on a Major Life Activity? If so, how and for how long?

Guidance from Americans Disability Act, ADA, Cont.  Will the impairment be of such short duration as to not cause significant problems?  Will the impairment cease impacting on the child without intervention?  Will the impairment be short or long in duration?  If the impairment is of short duration, will it have a significant impact without intervention?  If the impairment will be long term, will the impact negatively affect the child' s status, academically, socially, emotionally or behaviorally?  Will the impairment be of such short duration as to not cause significant problems?  Will the impairment cease impacting on the child without intervention?  Will the impairment be short or long in duration?  If the impairment is of short duration, will it have a significant impact without intervention?  If the impairment will be long term, will the impact negatively affect the child' s status, academically, socially, emotionally or behaviorally?

Accommodation Plan Must a student under Section 504 have an Accommodation Plan? o Plans shall not be developed unless needed. o A plan is also developed in order for the student to have their needs met as adequately as those of nondisabled peers. Must a student under Section 504 have an Accommodation Plan? o Plans shall not be developed unless needed. o A plan is also developed in order for the student to have their needs met as adequately as those of nondisabled peers.

Role of Section 504 What is the Role of Section 504 in the Public Schools?  Section 504 is a vehicle through which schools provide necessary accommodations to students with disabilities that are not severe enough to qualify them for special education, but which nevertheless are substantially limiting their learning or other major life activities. What is the Role of Section 504 in the Public Schools?  Section 504 is a vehicle through which schools provide necessary accommodations to students with disabilities that are not severe enough to qualify them for special education, but which nevertheless are substantially limiting their learning or other major life activities.

Yearly Evaluation What Is An "Evaluation" Under Section 504?  An evaluation under Section 504 is the collecting, gathering, and interpreting of data from a variety of sources about the student's educational functioning. What Is An "Evaluation" Under Section 504?  An evaluation under Section 504 is the collecting, gathering, and interpreting of data from a variety of sources about the student's educational functioning.

Section 504 Requirement What Does Section 504 Require of Schools?  Provision of FAPE to eligible students (meaning evaluating students, considering them for eligibility in the Section 504 committee process, developing individualized accommodation plans, implementing the plans, and engaging in periodic reviews),  Non-discrimination in non-academic and extracurricular programs and activities (the non-FAPE activities), and  Compliance with Section 504 procedural requirements (notice, access to relevant records, opportunity for impartial due process hearings, and a review process). What Does Section 504 Require of Schools?  Provision of FAPE to eligible students (meaning evaluating students, considering them for eligibility in the Section 504 committee process, developing individualized accommodation plans, implementing the plans, and engaging in periodic reviews),  Non-discrimination in non-academic and extracurricular programs and activities (the non-FAPE activities), and  Compliance with Section 504 procedural requirements (notice, access to relevant records, opportunity for impartial due process hearings, and a review process).

Dyslexia How Does the Identification of Dyslexia Relate to the Protection of Section 504?  Texas Legislature singled out dyslexia from other disabilities, which created a special program and procedures for eligibility students. Assessment of a student for dyslexia triggers the protections of Section 504. Dyslexia program eligibility and placement is determined by a committee of knowledgeable people - a properly constituted 504 Committee. How Does the Identification of Dyslexia Relate to the Protection of Section 504?  Texas Legislature singled out dyslexia from other disabilities, which created a special program and procedures for eligibility students. Assessment of a student for dyslexia triggers the protections of Section 504. Dyslexia program eligibility and placement is determined by a committee of knowledgeable people - a properly constituted 504 Committee.

Review of District Dyslexia Count GradesDyslexia Total Students Percent La Feria High School 12 th % 11 th % 10 th % 9 th % W.B. Green Jr. High School 8 th % 7 th % N. Dominguez Elementary 6 th % 5 th % C.E. Vail Elementary 4 th % 3 rd % David G. Sanchez Elementary 2 nd % 1 st 22571% Sam Houston Elementary K02470% 1583,2594.8%

Review of District 504 Manual Section 504 & Dyslexia Manual Review 1. Reference Chart, Program Flow Chart Diagram and documents. 2. Folder Organization 3. Program Expectations-(Handout) 4. Procedures dealing with Dyslexia Referral 5. Importance of Communication 6. Audit Recommendations Section 504 & Dyslexia Manual Review 1. Reference Chart, Program Flow Chart Diagram and documents. 2. Folder Organization 3. Program Expectations-(Handout) 4. Procedures dealing with Dyslexia Referral 5. Importance of Communication 6. Audit Recommendations