504 PlansEgg Harbor Township School District

October 10, 2014

Presented by Dr. Bruce Singer

What is a 504 Plan?

• Part of the federal Rehabilitation Act of 1973

• Designed to combat discrimination against individuals with disabilities in services, programs and activities by any entity that receives federal funds, including public schools.

• Section 504 is concerned with the necessary accommodations that allows students to access their education

Amendment Act of 2008

• Effective January 1, 2009

• Amended the Americans with Disabilities Act of 1990

• Changed the definition of disability and impacted how students were found eligible through Section 504.

Office of Civil Rights

• Oversees Section 504

• Different department than the one that oversees special education

• Section 504 has different grievance processes

Section 504

• Schools have an obligation to identify and evaluate students who may have a disability. The is no obligation to seek out student’s who may need a 504 Plan.

• Includes students who may have a disability but do not qualify under special education.

• It is better to refer a student than to miss adjusting a specific student needs

• Anyone can refer a student for a 504 Plan.

Physical or Mental Impairments

• A physiological condition which substantially limits one or more major life activities.• Substantially Limit is not quantifiably defined or measured.

• Students are unable to perform a Major Life Activity that the average same-age student can.

Eligibility

Eligible• “At

will” provision

Physical or mental impairment• Physiologi

cal

Substantially impacts a life activity • Routin

e functions

Life Activities

• Breathing Caring for ones self Hearing Learning

• Performing manual tasks SeeingSpeaking

• Walking Working

Expanded Life Activities

• Bending Communicating ConcentratingEating

• Lifting Bodily functions ReadingSleeping

• Standing Thinking

Determination

Administrator

Parent/Guardian

Teacher

Nurse Guidance Counselor

CST Member

Information for Eligibility

• Parent Report

• Health/Medical records

• Academic Testing

• School Records

• Physician reports

• Grades (note: not to be used as a determination)

Temporary Impairments

• Must “Substantially Limit” one or more major life activities

• Impairment usually lasts less than 6 months

• Schools should work to establish a health plan (ex. broken arm)

• Consideration given to Nurse’s Plan

• Review on a Case by Case basis.

Accommodations

• Must address the students identified disability

• Be clear and specific to students needs

• Anything impacting access to the school day

Procedural Safeguards

• Parental Consent is required for initial evaluation

• Schools are not required to develop a 504 Plan and an IEP

• Exclusion from the educational program of more than 10 school days is a change in placement.

• Important not to over-extend accommodations

• “Additional Supports (ex. HW Club) do not need to be included in the Plan.

Legal Document

• No content areas are to be considered “optional”

• If changes are necessary, the school agrees to meet and update the Plan.

• 504 Plans are to be reviewed every year.

• Eligibility should be considered every three years with current documentation of the disability.