Section 504 School Training 2010-2011
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Section 504 School Training 2010-2011

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Section 504 School Training 2010-2011 Section 504 School Training 2010-2011 Presentation Transcript

  • Section 504 School Update Training October 20, 2010
  • What is Section 504?
    • Rehabilitation Act of 1973
    • Federal, Civil Rights Legislation
    • Prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance from the U.S. Department of Education
    • It is intended to “level the playing field” and provide “access” for disabled students.
  • Protection under Section 504
    • A person with a disability is any person who:
      • Has a physical or mental impairment which substantially limits one or more major life activities ; OR
      • Has a record of such impairment; OR
      • Is regarded as having such an impairment
  • ADA Amendments Act of 2008
    • Effective January 1, 2009
    • Amends ADA and conforms definition of disability in Section 504 with Amendments Act.
    • Retains the elements of the term “disability”, but changes the meaning of
      • “substantially limits a major life activity” and
      • Being “regarded as” having an impairment.
    • Requires “disability” to be construed broadly.
  • The Department’s Section 504 List of Major Life Activities
    • Caring for oneself
    • Performing manual tasks
    • Walking
    • Seeing
    • Hearing
    • Speaking
    • Breathing
    • Learning
    • Working
  • The Amendments Act List of Major Life Activities
    • Eating
    • Sleeping
    • Standing
    • Lifting
    • Bending
    • Reading
    • Concentrating
    • Thinking
    • Communicating
  • The Amendments Act List of Major Life Activities (cont)
    • Functions of the immune system
    • Normal cell growth
    • Digestive
    • Bowel Functions
    • Bladder
    • Brain
    • Circulatory
    • Endocrine
    • Reproductive
    • Neurological
    • Respiratory
  • Substantially Limits and Mitigating Measures
    • Prior to the Amendments Act, a covered entity was required to consider the effects on “mitigating measures” such as medication and corrective eyeglasses when determining whether an individual was “substantially limited in a major life activity.”
    • Under the Amendments Act, the effects of mitigating measures must not be considered when determining if an individual is a person with a disability, but can be considered in determining if the impairment substantially limits a major life activity.
  • Free Appropriate Public Education in Public Schools
    • A 504 regulation requires recipients to provide a “free appropriate public education” (FAPE)
      • To each qualified student with a disability,
      • Who is in the school district’s jurisdiction,
      • Regardless of the nature of severity of the disability.
    FAPE
  • Appropriate Education
    • Appropriate education is defined as the provision of regular or special education and related aids and services designed to meet the student’s individual needs as adequately as the needs of nondisabled persons are met.
    • Implementation of an IEP/IAP under IDEA is one way of meeting the standard.
  • Evaluation
    • Total evaluation and determination of program eligibility must be completed within 60 operational days.
    • Evaluation includes data gathering, screening, review, specialized instructional interventions and strategies, and comprehensive assessment.
  • Initializing the Process
    • Counselor and the classroom teachers complete the appropriate documentation.
    • Call informal SBLC meeting. Document evidence of parental invitation.
      • Obtain parental permission to begin screening process.
      • Secure parent’s signature on the due process form.
      • Document referral concerns and adopt instructional strategies to be implemented for not less than four to six weeks.
  • The Process (continued)
    • Send other applicable sections to be completed to each of the student’s teachers.
    • Administer and record pretests
    • Include supplementary documentation as needed
    • Initiate strategies and continue them for four to six weeks
    • Record results of strategies and post-test scores
  • Sources of Evaluation Data
    • DIBELS
    • SCANTRON
    • DST
    • LEAP, iLEAP, GEE
    • Curriculum-based assessment
    • Placement tests
    • Pre- and Post-tests
    • Fast Math
    • READ 180
    • Language!
  • SBLC—Evaluation Follow-up
    • Counselor collects all 504/1903 data
    • The SBLC meets to review and determine possible direction.
  • Placement Procedures
    • Decisions must be made by a group that includes persons knowledgeable about the
      • Student
      • Meaning of the evaluation data
      • The placement options
        • Option 1: terminate 504/1903 referral procedure because the student is adequately functioning in the classroom
        • Option 2: formulate and implement the IAP for students who will receive 504/1903 services in the regular education classroom
        • Option 3: continue the RTI (response to intervention) process for possible referral to Pupil Appraisal
  • IAP
    • Once the committee determines that a student meets Section 504 eligibility, an Individual Accommodation Plan (IAP) must be developed.
    • Every child who is eligible for Section 504 services must have a current IAP on file even if testing or classroom accommodations are not necessary. The disability, support data, and any protections received by the student must be documented on the IAP.
  • Annual Review of the IAP
    • The IAP of incoming or continuing 504 students should be reviewed at an annual SBLC meeting.
    • 1. Option One-The IAP is appropriate.
    • 2. Option Two-The SBLC will adjust the
    • previous IAP or select another course
    • of action.
  • Re-evaluation – Every Three Years
    • Include the following:
    • 1. A review of current vision and hearing
    • screening results.
    • 2. A summary of the student’s academic
    • progress by the classroom teachers.
    • 3. A review and analysis of the IAP.
    • 4. A review and analysis of any test
    • scores.
  • Re-evaluation (cont.)
    • Include the following:
    • 5. An observation of the student in the
    • instructional setting.
    • 6. Contact with the family regarding the
    • student’s educational performance.
    • 7. Other tests and evaluation procedures
    • deemed necessary or appropriate.
  • Remember:
    • Calcasieu Parish Section 504 Policy establishes procedures designed to ensure children are not
      • Misclassified
      • Unnecessarily labeled as having a disability
      • Incorrectly placed
      • Placed based on inappropriate selection, administration, or interpretation of evaluation materials.
  • Parent Rights
    • Right to be informed by the district of due process rights.
    • Right for the child to have equal access to academic and nonacademic school activities.
    • Right for the child to have an appropriate education, which includes accommodations, modifications, and related services.
    • Right to notice regarding referral, evaluation, and placement.
  • Parent Rights, Cont’d
    • Right for the child to have a fair evaluation conducted by a group of knowledgeable persons.
    • Right to a due process hearing and representative by counsel.
    • Right to review the decision of the impartial hearing officer.
    • Right to examine and obtain copies of all relevant records.
    • Right to provide consent prior to their child being evaluated.
  • Discipline
    • 504 behavior guidelines are the same as IDEA where behavior is concerned.
    • If the misconduct is a direct manifestation of the student’s disability, the student may not be expelled.
    • A routine investigation or manifestation determination must be conducted to determine if the misconduct was committed due to the student’s disability.
  • Calcasieu Parish Contacts
    • Elementary Schools
      • Johnnie Sue Moore
      • 217-4140, ext.1610
      • [email_address]
    • Middle Schools
      • Brian Fontenot
      • 217-4150, ext. 1510
      • [email_address]
    • High Schools
      • Sandra Comeaux
      • 217-4160, ext. 1302
      • [email_address]