2. Section 504 of the Rehabilitation Act of 1973

3. Purpose Prohibit discrimination against persons with disabilities in programs receiving federal financial assistance Extends to related services, extracurricular activities and accessibility Covers students preschool through postsecondary and institutions Also applies to school district programs such as day care, afterschool care, and summer recreation programs

4. Who is Protected? Requires school personnel to identify students with disabilities and afford those students educational opportunities equal to those received by students without disabilities Section 504 does not apply to schools that receive no direct or indirect federal funds Definition is broader than that under IDEA 3 parts: 1.) physical or mental impairment, affect a major life activity(usually learning), and be substantial 2.) Those who have a record of an impairment 3.) Those regarded as being disabled

5. Who Is Protected (cont.) The 2nd and 3rd parts generally only apply in the areas of employment It is only when a student is discriminated against based on the perception he or she has a disability or because he or she had a disability that a student is entitled to the protections of 504. Under Section 504, students must have a disability that limits a major life activity (walking, seeing, hearing, learning)

6. Who is Protected (cont.) Physical impairments- broadly defined that impact learning (major life activity) Mental impairment- if the conditions are recognized by medical authorities Major life activity- from an educational perspective, the relevant life activity is learning Record of an impairment- students no longer on an IEP or were incorrectly classified as disabled

7. Who is Protected (cont.) Otherwise qualified- all persons who were qualified in spite of their handicap All students of school age are qualified Summary- IDEA students also protected under 504, students not covered under IDEA, but have a disability are protected, those students treated as if they have a disability are protected, and also covers facilities, extracurricular, parents and employees

8. Principles Protection form discrimination- schools must make reasonable modifications to programs to ensure that discrimination does not occur Not permissible to discriminate based on perception of a disability Avoiding discrimination- reasonable accommodations Relevant factors-size, type, budget, nature and cost

9. Principles (cont.) Reasonable accommodations- examine individual needs of students with disabilities and make a professional judgment about what can and cannot be done to accommodate their needs

10. FAPE Section 504 appropriate definition is one of equivalency Developed by a group of knowledgeable people based on evaluation data Individualized accommodation plan- nature of disability and major life activity limited, how disability determined, educational impact and necessary accommodations and placement As adequately as the needs of nonhandicapped persons are met Equivalency is key

11. Evaluation and Placement Purpose- prevent misclassification and misplacement Group decision Individual needs

12. Procedural Safeguards Must have a system of due process procedures

13. Program Accessibility Programs need to be accessible If separate facilities, they must be comparable

14. School District Responsibility Procedural Responsibilities include: appointment of a coordinator, notification of responsibilities under 504, establishment of grievance procedures, self-evaluation, and staff training

15. School District Responsibility (cont.) Identification and Evaluation: CASE recommendations include suspension or expulsion considered, retention, not benefiting from instruction, returns from a serious illness, diagnosed by an outside source, chronic health condition, at risk, potential dropout, substance abuse, suspected disability

16. School District Responsibility (cont.) Educational programming- accommodation plan Placement- MDT Reevaluation- change of placement and periodically Procedural Safeguards- notice and grievance

17. Enforcement of 504 Grievance procedures established- up to the district OCR investigates