Section 504 The Basics for Campus SOP

Definition of 504 Child Find Responsibilities Duty to Evaluate triggers Service Plans

“Leveling the playing field…” Section 504 refers to the §504 of the Rehabilitation Act of 1973 and ADA Amendments Act of Mandated policy that prohibits discrimination on the basis of a handicap. The handicap must affect one or more major life activities. Purpose: Prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to nondisabled peers.

Eligible student is a person who: (1) has (2) has a record of having or is (3) regarded as having a physical or mental impairment that substantially limits a major life activity. A substantial limitation on learning must be demonstrated by an educational need. (academic deficit when compared to normal aged peers and / or serious behavior problems resulting from the student’s disability and not from other causes)

Major life activities, include but are not limited to: Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Learning Reading Concentrating Thinking Communicating Working

Under ADA amendment, major life activity also includes the operation of a major bodily function such as (but not limited to): Functions of the: Immune system Normal cell growth Digestive Bowel Bladder Neurological Brain Respiratory Circulatory Endocrine Reproductive

CHILD FIND Responsibilities are like those for Special Education Two prongs trigger the duty to evaluate 1.SUSPECT a disability….. AND 2.Need for services during the school day Does the student need services (accommodations) in order to have their educational needs met as adequately as the needs of nondisabled students are met? OCR – “know or should have known ” Duty to evaluate requires districts to identify within a reasonable time after school officials are on notice of behavior that is likely to indicate a disability

Child Find – Obligation just like Special Education Referral – Student that has or suspected of having a disability and may need services Services is another term for accommodations Services Plan must be followed!!

Referral - Can be from anyone Teacher or other School Personnel Parent / Family member Physician Two options Complete a 504 evaluation (with parental consent) Send a refusal letter with the reason for not evaluating AND a copy of the Notice of Rights

ACADEMIC NEED OR EDUCATIONAL NEED Many activities are needed to function at school: Physical Academic Behavioral Social / Emotional

EVALUATION 1.Typically not formal assessment 2.Gathering of information from a variety of sources such as: Efforts and results of early intervention activities Standardized / State / Achievement testing and assessments Grades Attendance Discipline Health information including vision / hearing Teacher / Administrator input Student’s historical and current physical and mental condition including data on conditions in remission and episodic conditions Social or cultural background Adaptive Behavior Mitigating measures (corrections) Parent input Any other data parent or school wants to include

EVALUATION – ANSWER THESE QUESTIONS Does the student have a physical or mental impairment? Does the physical or mental impairment affect one or more major life activities? Does the physical or mental impairment substantially limit a major life activity? If the answer to the first 3 is “yes”, then answer question # 4 Does the student need Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peer?

Develop Services Plan if student is eligible – identify student needs based on the disability. Legal requirement to implement and follow Services Plan, just like Special Ed.

All take place in general education Cannot alter the curriculum STAAR Accommodations must routinely receive to also receive these on STAAR If at any time a student becomes Special Education, the student is dismissed from 504. Cannot be both! If the services needed for the student are only available within the district’s special education program, then a referral may be made. Transitory disabilities less than 6 months typically do not qualify unless under homebound criteria

PROTECTIONS OF 504 Student receives protections whether or not the student has a Services Plan Rights: Notice Opportunity for the parent/guardian to examine relevant record An impartial hearing Review procedure (annual with 3 year re-evaluation) Discipline Protections Additional requirements if student with a disability is bullied

OTHER NEWS Do not have to have medical diagnosis if committee can look at data (evidence) and make determination. If a determination can’t be made without it, then can ask for a diagnosis from parent. Student’s Health Plan can be the student’s Services Plan Nurse, teachers, and all school personnel play a role 504 decisions are made by a committee of knowledgeable persons and is not a one person decision. BEWARE of telling someone that a student “won’t qualify”.

QUESTIONS? Your campus counselor Amy Reynolds is your Campus §504 Coordinator The district coordinator is Debbie Shewmake Administrative Officer - Instruction