1. Section 504 Goes to the Movies
Dorothy: How do you talk if you don't have a brain?
Scarecrow: Well, some people without brains do an awful lot of talking don't they?
The Wizard of Oz (1939)
Stars:
Judy Garland, Frank Morgan, Ray Bolger
In this classic movie, Dorothy Gale is swept away to a magical land in a tornado and embarks on a quest to see the Wizard who can help her return home. Like Dorothy and her friends, we will be Following the Yellow Brick Road this year in our 504 journey. I can’t wait to see where we will end up.
Here’s a quote from the Wizard of Oz that speaks to our need to have learning outcomes:
Dorothy: How do you talk if you don't have a brain?
Scarecrow: Well, some people without brains do an awful lot of talking don't they?
We will not be like the Scarecrow. I guarantee it.

2. Outcomes
Learn basic information about the intent and purpose of Section 504
Become familiar with the Section 504 Handbook
Understand the procedures and processes
Be able to locate the resources needed
ACTIVITY:
Pretest

3. Introduction & Overview
Rita: I just don't know what to call you: retarded, mentally retarded, mentally handicapped, mentally disabled, intellectually handicapped, intellectually disabled, developmentally disabled...
Sam: You can call me Sam.
I Am Sam - A mentally retarded man fights for custody of his 7-year-old daughter, and in the process teaches his cold-hearted lawyer the value of love and family.
Stars: Sean Penn, Michelle Pfeiffer, Dakota Fanning, Dianne Wiest
Here’s a quote to remind us that people with disabilities are people first.
Rita: I just don't know what to call you: retarded, mentally retarded, mentally handicapped, mentally disabled, intellectually handicapped, intellectually disabled, developmentally disabled...
Sam: You can call me Sam.

4. Basic Facts Rehabilitation Act of 1973
Prohibits discrimination based upon disability
Civil rights statute
About meeting needs
Review bullets on slide
Section 504 is part of the Rehabilitiation Act of 1973
It about prohibiting acts of discrimination against people with disabilities.
Let’s look at how it all began. You will be seeing what actually took place as the disabled fought for their rights.
ACTIVITY:
SHOW VIDEO LINK and have participants review Video Activity Handout
As you are watching, jot down information you will need to answer these questions.
How has the vocabulary in Section 504 statutes changed?
What surprised you about this film clip?
Does this cause you to revisit your preconceptions about this law?
Report out.
Section 504 is not an education law. It’s a broad civil rights statute.
Requires needs of persons with disabilities are met as adequately as the needs of the non-disabled. The focus of Section 504 is on the eligible student having equal access to and benefit from the schools curriculum, buildings, programs and activities as compared to non-disabled peers.

5. Discrimination
A student with a disability is denied recognition on the honor roll because one of his/her classes is in the special education resource room
A student is expelled from school for misbehavior that is related to his/her disability
The school refuses to provide a student with a disability with bus transportation that is as short in duration (within reason) as that provided to students without disabilities
What would discrimination look like in a school? Here are some examples.
Read through the slide.

6. Discrimination
The school refuses to allow a student with a disability the opportunity to audition for athletic teams, cheerleading, or other extracurricular activities
The school denies course credit to a student who is passing a class, but whose absenteeism is the result of a disability
While we think this doesn’t happen in Birdville, I was actually involved in a situation where a parent filed for due process through Section 504 because one of our campuses retained a child due to failing grades in reading. Here’s the tricky part. He had a learning disability in the area of reading. So even though he was receiving special education services, the family filed under Section 504 and won.

7. Legislations, Regulations and Board Policy
Atticus: But there is one way in this country in which all men are created equal- there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court.
To Kill a Mockingbird (1962)
Stars: Gregory Peck, John Megna, Frank Overton, Rosemary Murphy
Quote:
Atticus: But there is one way in this country in which all men are created equal- there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court.
In this movie, Atticus Finch, a lawyer in the Depression-era South, defends a black man against an undeserved rape charge, and his kids against prejudice. I love this movie because it’s about doing what’s right. That’s what we do, follow the law and do what’s right for our kids. We will trust the law.

8. Legal Reference
“No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his 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(a), 34 C.F.R. §104.4(a)].
Handbook page 3

9. Individual with a Disability
“An individual with a disability means any person who:
has a mental or physical impairment that substantially limits one or more major life activity;
has a record of such an impairment; or
is regarded as having such an impairment” [34 C.F.R. §104.3(j)(1)].
Handbook page 2 first paragraph

10. Examples and Nonexamples
Cerebral palsy
Epilepsy
Kleptomania
Cancer
Gender identity disorder
Illegal drug use
Heart disease
Sensory processing disorder
We need to further define impairment. Look at the examples on this slide. Complete the graphic organizer at your table placing each one in the correct column.
ACTIVITY: After groups complete the chart, go over the answers while referring to Handbook page 4.
T chart with Examples and Nonexamples
Yes No
Probably

11. Temporary Impairment
Does not constitute a disability unless its severity is such that it substantial limits a major life activity for an extended period of time
Case-by-case basis
Consideration of 1) duration of impairment and 2)extent to which it limits major life activity
Read first bullet
You make your determination about whether or not the student has an impairment on a case by case basis
Consider the duration and the extent of limitation
There are no hard and fast rules about what constitutes temporary. It would be easier if there were. In a 2010 opinion by Richards and Martin, well known 504 attorneys, they suggest that the disability should last 6 months or more.

12. Eligibility Physical or mental impairment Substantially limiting
Without regard to mitigating measures
Mitigating measures
One or more major life activities
We’ve covered what Section 504 when it talks about physical or mental impairment. There are many more people with impairments than there are people with disabilities. The difference lies in the effect the impairment has on the person. If the impairment causes a substantial limitation of a major life activity, then the person has a disability. If the impairment does not substantially limit the person, then it is just an impairment, not a disability.
Substantially limits is one of those “fuzzy concepts” that get us into trouble. While the ADAAA did not change the term “substantially limits,” the new law clearly establishes that the term is to be interpreted broadly and inclusively.  The law clarifies that the measurement for impairments that are episodic or in remission must be considered at the time they are active. For example, whether or not a student with a condition such as depression, diabetes, asthma, or anxiety that is in remission is “substantially limited” would need to be determined when the student’s condition is active.
The Equal Employment Opportunity Commission defines substantially limits as
Being unable to perform a major life activity that the average person in the general population can perform OR
Examples of mitigating measures would include:
Medication, medical supplies, low-vision devises, hearing aids, cochlear implants, mobility devices, assistive technology.
Listen carefully, “Students are disabled under Section 504 if they have a physical or mental impairment that would substantially limit them in a major life activity if they were not taking advantages of mitigating measures
We’ll talk about major life activities on the next slide

13. Major Life Activities ● Self–care ● Breathing
● Manual tasks ● Interacting with Others
● Walking ● Working
● Seeing ● Reading
● Speaking ● Standing
● Sitting ● Lifting
● Thinking ● Bending
● Learning ● Concentrating
The list of major life activities was broadened in They’re listed in the Handbook on the Q & A question B page 19.
AS A WRAP-UP OF THIS SECTION ON ELIGIBILITY:
Review the handout Eligibility Cases. Decide which of these would result in eligibility for Section 504 protection or accommodations/services. Write Yes or No. Now identify the Impairment and the Major Life Activity that is affected, and justify the concept of Substantially Limits.
Ask tables to report out for each number.
Yes No
10 minutes. Have one person from each table visit the table to their left and listen while the table reviews their work.

14. The Voice: If you build it, he will come.
Comparison Charts
The Voice: If you build it, he will come.
Field of Dreams (1989)
An Iowa corn farmer, hearing voices, interprets them as a command to build a baseball diamond in his fields; he does, and the Chicago Black Sox come.
Stars:
Kevin Costner, James Earl Jones, Ray Liotta
Quote:
“If you build it he will come.” When a student comes to our attention, we need to determine which field we will play in.
ACTIVITY:
Blank chart with verbage removed. They put the pieces in the right place.
Self-check on page 13. Questions? Comments?

15. Roles and Responsibilities
Peter Parker: You know what it is I love about being Spider-Man? Everything!
The Amazing Spider-Man 2 (2014)
Stars:
Andrew Garfield, Emma Stone, Jamie Foxx | See full cast and crew
Peter Parker runs the gauntlet as the mysterious company Oscorp sends up a slew of super villains against him, impacting his life. I don’t know about you, but some days it seems like we go up against a slew of jobs that need to be done. We know you are super heroes. Every one of you.
Quote:
Peter Parker: You know what it is I love about being Spider-Man? Everything!

16. Roles of School Personnel
District Coordinator
Campus Coordinator
Campus Principal
Campus Staff
Reading Interventionist
Refer to Handbook pages or table handout of roles and responsibilities.
ACTIVITY: Headlines Activity
Review the roles and responsibilities for your job.
“Write a Headline that captures the gist of your duties within the Section 504 process.”
Share out.

17. Operating Guidelines and Procedures
Indiana Jones: Listen. Since I've met you I've nearly been incinerated, drowned, shot at, and chopped into fish bait. We're caught in the middle of something sinister here, my guess is dad found out more than he was looking for and until I'm sure, I'm going to continue to do things the way I think they should be done.
The search for the grail is a dangerous quest, and its discovery may prove fatal to those who seek it for personal gain. Indiana Jones and the Last Crusade
Quote:
Indiana Jones: Listen. Since I've met you I've nearly been incinerated, drowned, shot at, and chopped into fish bait. We're caught in the middle of something sinister here, my guess is dad found out more than he was looking for and until I'm sure, I'm going to continue to do things the way I think they should be done.
We’re giving you these guidelines so you don’t end up tied up like Indiana Jones and his father. We know you will continue to do things the way you know they should be done.

18. Section 504 Process Suspicion of a physical or mental impairment
Referral for Evaluation
Parent consent for initial evaluation
Section 504 Team Evaluation
Knowledgeable about student, disability, and placement options
Section 504 Eligibility Determination
Disability and substantial limitation
Parent notification
Basically there are 6 steps in the Section 504 Process. Read through the steps. Of course it’s not really that simple, let’s look at the handout of our flowchart (page 14) as it gives you more detail about the process. Review the flowchart.
ACTIVITY:
Do you have any questions about the process?
Section 504 Accommodation Plan/placement
Parent consent for initial placement
Parent notification
Annual Review/Re-evaluation
Annually/ Significant change
Parent notification

19. Referral
Initial referral made to Section 504 Campus Coordinator or Reading Interventionist
Referral form provided
Form returned
Participants need to do a side-by-side review of
Operating Guidelines page 15
Checklist page 29, #1,2,3
Referral form page 32

20. Consent for Evaluation
The Section 504 Campus Coordinator or Reading Interventionist sends:
Notice and Consent for Section 504 Referral and Evaluation
Section 504 Notice of Parent Rights
Parent Input for Section 504 Meeting
Teacher Input for Section 504 Meeting
Evaluation cannot proceed without parental consent.
Participants need to do a side-by-side review of
Operating Guidelines page 15
Checklist page 29, #4, 5
Forms pages 33, 34, 35, 36, 37

21. Evaluation May or may not involve new testing
Input from teacher(s) and parents
Review existing records
Participants need to do a side-by-side review of
Operating Guidelines page 15
Checklist page 29, #6

22. Notice Determine committee membership
Give to parents and school personnel
Provide Section 504 Notice of Parent Rights
Encourage parent attendance
Offer multiple meeting dates if necessary
Participants need to do a side-by-side review of
Operating Guidelines page 15
Checklist page 29, #7, 8
Forms pages 38,
The parents and the potential 504 student should be included in the 504 process whenever possible.

23. Initial Meeting Follow agenda, page 31
Complete Section 504 Meeting Record
Determine Section 504 Eligibility
Determine need for Section 504 Plan
Look at page 25. There’s an error.
Participants need to do a side-by-side review of
Operating Guidelines page 16
Checklist page 29, #9, 10, 11
Forms pages 39 – 46 depending on plan needed
ACTIVITY:
Walk through the Section 504 Meeting Record step by step
Review the Section 504 Plans
Handout Red Flags!

24. After the Meeting Give parents Give staff
All forms
Notice of Committee Decision
Consent for Section 504 Plan
Give staff
Plans and Addendums
Enter data into PEIMS and files
Participants need to do a side-by-side review of
Operating Guidelines page 16
Checklist page 29, #12, 13, 14, 15, 16
Forms pages 46, 47 (if eligible)

25. Don’t Forget
Dr. Keats: Tom lost part of his brain in a hunting accident. His memory only lasts ten seconds. Ten Second Tom: I was in an accident? That's terrible. Dr. Keats: Don't worry, you're totally gonna get over it in about three seconds. Ten Second Tom: Get over it? I mean, what happened? Did I get shot in the brain... Hi. I'm Tom.
Adam Sandler and Drew Barrymore star in one of the funniest romantic comedies in years. Henry (Sandler) lives an enviable life in a Hawaiian paradise, spending every night with a beautiful tourist in search of an island fling. It's a sweet life with no strings attached...until he meets Lucy (Barrymore). He and Lucy hit it off from the get-go, but the next day she acts like she doesn't know him. Lucy has short-term memory loss so every night all memory of her day is erased. But a man in love will go to any lengths to win over the girl of his dreams, and if that means having to find imaginative ways of doing it over again every day, then Henry's up for the challenge.
Quote:
Dr. Keats: Tom lost part of his brain in a hunting accident. His memory only lasts ten seconds.
Ten Second Tom: I was in an accident? That's terrible.
Dr. Keats: Don't worry, you're totally gonna get over it in about three seconds.
Ten Second Tom: Get over it? I mean, what happened? Did I get shot in the brain... Hi. I'm Tom.
This movie might make us laugh, but we don’t want you to have any kind of memory loss, so we’re going to remind you of 5 important details.

26. Details Implement plan Document implementation Monitor plan
Update annually
Conduct 3 year reevaluation
Meet for manifestation determination
Participants need to do a side-by-side review of
Operating Guidelines page 16, 17
Checklist page 29, #17-34
Forms pages 48, 49

27. Let It Go
Frozen (I) (2013)
1Fearless optimist Anna teams up with Kristoff in an epic journey, encountering Everest-like conditions, and a hilarious snowman named Olaf in a race to find Anna's sister Elsa, whose icy powers have trapped the kingdom in eternal winter.
This quote it easy “LET IT GO”
Don’t stress. It’s year one—it will be better than last year. Look at FAQs page You’ll find lots of help there.
Before you leave, please jot down the information about the professional learning survey you will need to complete. Each session has a different number so pay attention to that.

28. Session Survey
August 19th 504 Session #135 August 20th 504 Session #238