SPED 494/594 Section 504 of the Rehabilitation Act

Overview Major federal, civil rights legislation Impacts federally funded agencies Prevents all discrimination based on disability Originally focused on reducing discrimination in the workplace 1974 amendments addressed students with disabilities Simple statement

Overview Seven sub-parts –A. General provisions –B. Employment practices –C. Program accessibility –D. Preschool, elementary, and secondary education –E. Post-secondary education –F. Health, welfare, and social services –G. Procedures

Who are “recipients” of federal funds? Any state or political sub-division Any instrumentality of a state or political sub-division Any public or private agency, institution, organization or other entity Any person to which federal funding is provided to directly Excluding the beneficiary of the recipient

Federally Funded Public School Programs School lunch programs Special education Transportation Remedial programs Gifted education Other recipients –Educational cooperatives –Regional education units –State departments of education

Terminology Person with a disability Physical or mental impairment Major life activities Has a record of impairment Is regarded as having an impairment Qualified person with a disability

Key Concepts & Influence “Equal opportunity” Does not guarantee equal outcomes Impact of ADA Increased awareness of certain disabilities Increased parent awareness Increased enforcement by Office of Civil Rights Option for students who do not qualify for services through IDEA

School Professional Role Understanding legal requirements Implementing an effective eligibility process Providing appropriate services

Eligibility Many physical and mental impairments Greater numbers of students eligible for 504 than IDEA Need for additional training opportunities for staff to meet provisions early “Appropriate but not always best” Public expense

504 and IDEA Differences –Definition of disability –Requirements for eligibility –504 eligibility requirements are less restrictive than IDEA eligibility requirements –Definition of FAPE

IDEA and FAPE Designed for each individual student Includes special education and related services Criteria –Provided at public expense –Meet standards of State education agencies –Include all levels of Birth through 12th grade education –Aligned with IEP

504 and FAPE Services that will meet the needs of students with disabilities Special programs that are designed to meet needs at least as adequately as non-disabled peers needs are met

Differences in Eligibility IDEA –Categorical approach –Eligible Need for services Fit into a category –Ineligible No categorical match No identified educational needs

Differences in Eligibility 504 –Non-categorical or functional approach –Disability requirements are broader –Eligible Meets “disability” qualifications in physical or mental impairment Disability substantially limits major life activity –Ineligible No identification of disability Does not substantially limit a major life activity Disability adversely impacts educational performance (would meet IDEA criteria)

Student Need IDEA504 Consideration of IDEAPre-assessment ActivitiesConsideration of 504 Evaluation No referral Data review and evaluation if necessary Disability adversely affects educational performance? Not eligible Disability substantially limits one or more major life activities IDEA eligible Not eligible 504 qualified Education designed to provide benefit Comparable to non-disabled opportunities Specifically designed instruction Accommodations PhysicalInstructional Specialized instruction Related aids and services Related services Individualized Education Plan (IEP) FAPE IDEA reviewed annually 504 reviewed periodically Accommodations and services No Yes