Section 504 is a federal law that prohibits discrimination against individuals with disabilities. It requires schools to provide accommodations to eligible students to ensure equal access to the learning environment and activities. The key aspects of Section 504 include evaluating students for eligibility, developing accommodation plans, reviewing plans annually, reevaluating every three years, and establishing disciplinary guidelines for students with disabilities. Parents have certain rights under Section 504 including consent for evaluations and notice of referrals and placements.

1. Section 504 School Update Training October 20, 2010

2. 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.

3. 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

4. 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.

5. The Department’s Section 504 List of Major Life Activities Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working

6. The Amendments Act List of Major Life Activities Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating

7. 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

8. 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.

9. 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

10. 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.

11. 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.

12. 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.

13. 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

14. Sources of Evaluation Data DIBELS SCANTRON DST LEAP, iLEAP, GEE Curriculum-based assessment Placement tests Pre- and Post-tests Fast Math READ 180 Language!

15. SBLC—Evaluation Follow-up Counselor collects all 504/1903 data The SBLC meets to review and determine possible direction.

16. 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

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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]