Section 504 Accommodations An In-Service Training Module Presented by Linda Seghers EDG 603 Spring 2006

Jefferson Parish Public School System During the 2004-2005 school year, almost 3,480 students were provided accommodations and/or modifications The school district attempts to identify any student who has a disability that substantially limits a major life activity provide each student so identified appropriate educational services with the general education curricula

Section 504 of the Rehabilitation Act of 1973 No otherwise qualified individual with disabilities in the United States, as defined in Section 706(8) of this title, shall, solely by reason of his or her 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 (29 U.S.C. 794)

Individuals with Disabilities Education Act (IDEA) of 1990 Provides federal funds to assist the states in assuring that each child with a disability receives a free appropriate public education (FAPE)

Louisiana Act 854 of the 1990 Regular Legislative Session R. S Provides for the identification and services within the regular education program for students demonstrating characteristics of dyslexia (Bulletin 1903 – Regulations and Guidelines for Implementation of the Louisiana Law for the Education of Dyslexic Students)

504 Eligibility and Provisions In order to be eligible for 504 services, a student must have a recognized disability that substantially limits a major life activity For most 504 students, the major life activity substantially limited is learning Once a student meets the eligibility criteria, the 504 Committee develops an Individual Accommodation Plan (IAP)

Activity #1 Flowchart Jigsaw – 504 Evaluation Process

504 Evaluation Process Teacher/parent presents concern to 504 Coordinator 504 Coordinator begins interventions Test for adequate intelligence Send to parent: 1. Permission for evaluation 2. Student/family information 3. Request any documentation available 4. Parental ADHD Checklist 5. Send copy of Parent Rights 6. Screening for dyslexia, etc. 1

504 Evaluation Process 1 504 Committee meets for decision Supporting data Place on hold until further documentation is available Student is eligible and Individual Accommodation Plan (IAP) is implemented Student is not eligible Refer to SBLC Committee Parent is notified of outcome One-Year Review Three-Year Reevaluation 1

Liability for Failure to Provide 504 Accommodations Doe and Doe v. Withers, 20 IDELR 422 (W.Va. Cir. Ct. 1993) In 1990 a 16-year-old student who had been identified as a student with learning disabilities since the fourth grade was enrolled in a history course in which the teacher refused to provide oral testing as prescribed by his IEP. Subsequently, the student failed the semester, and his parents filed suit. A jury trial in 1993 ordered the teacher to pay $15,000 in compensatory and punitive damages to the plaintiff.

Teacher Notification of Section 504 Accommodation/Intervention Plan Section 504 Handbook, 2002, p. T-10

Activity #2 A Quick Quiz – How much do you know about 504?

Questions and Answers How many working days are allowed from the date of notification of a possible 504 qualifying condition to the determination of eligibility? Answer: 60 days

Questions and Answers How many members must a 504 Committee have as a minimum? Answer: 2

Questions and Answers Does the existence of any documented disability automatically make a student eligible for 504 services? Answer: No

Questions and Answers Which of the following does not constitute a disability? poor reader medication slow learner suspect learning disability glasses All of the above None of the above Answer: G

Questions and Answers Can a student refuse an accommodation? Answer: Yes – Lee’s Summit R-VII (Mo.) School District, 31 IDELR 35 (OCR 1999) found no violation of Section 504 when a student who was allowed to use a computer for written assignments chose to complete the task by hand

Questions and Answers Is a doctor’s diagnosis of ADHD enough to make a child eligible for 504 accommodations? Answer: No - It must be determined whether the diagnosis affects the child’s ability to learn and perform in the classroom. Checklists for ADHD completed by different individuals are necessary.

Questions and Answers Is parental consent for a 504 evaluation a requirement or a safeguard? Answer: A safeguard – Section 504 regulations do not contain any such requirements. However, the Office of Civil Rights has taken the position that parental consent should be obtained before the district conducts an evaluation and classifies a student under Section 504 (Letter to Zirkel, 22 IDELR 667 (OCR 1995))

Activity #3 Brainstorming – 504 Accommodations extended time tests read aloud calculator oral response testing repeated directions answers recorded large print

Activity #4 Wrap-a-round

Special thanks to Estelle Elementary Jackie Daniilidis, Principal Pat Blanchard, Assistant Principal