Section 504 School Training 2010-2011Presentation 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
The Amendments Act List of Major Life Activities
The Amendments Act List of Major Life Activities (cont)
Functions of the immune system
Normal cell growth
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.
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.
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
LEAP, iLEAP, GEE
Pre- and Post-tests
Counselor collects all 504/1903 data
The SBLC meets to review and determine possible direction.
Decisions must be made by a group that includes persons knowledgeable about the
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
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
Re-evaluation – Every Three Years
Include the following:
1. A review of current vision and hearing
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
Include the following:
5. An observation of the student in the
6. Contact with the family regarding the
student’s educational performance.
7. Other tests and evaluation procedures
deemed necessary or appropriate.
Calcasieu Parish Section 504 Policy establishes procedures designed to ensure children are not
Unnecessarily labeled as having a disability
Placed based on inappropriate selection, administration, or interpretation of evaluation materials.
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.
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.