Section 504Accommodation Plans

What is Section 504 of the ADA Civil Rights legislation for persons with

disabilities indicates that schools must afford students with disabilities equal opportunities “to obtain the same result, to gain the same benefit, or to reach the same level of achievement” as students without disabilities.

Applies to entities that receive federal funding.

A person is considered disabled under 504 if:◦There is a presence of , record of, or is

regarded as having a physical or mental impairment

◦That impairment substantially limits one or more major life activity

Who has a Disability under 504?

Allergies Diabetes Obesity Orthopedic

Impairment ADD/ADHD Arthritis HIV/AIDS Cancer Multiple Sclerosis

Conduct Disorder Temporary

Disability Chronic Migraines Epilepsy Tourette Syndrome Traumatic Brain

Injury Cerebral Palsy Chronic Fatigue

Examples of Mental or Physical Impairments

Substantially limits, is subjective. You should consider the nature and severity of the impairment, the duration of the impairment, and any long-term impact of the impairment.

Major Life Activity includes: Caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Limits to Major Life Activities

Special Education

IDEA

Section 504

General Education

Special Educatio

n

IDEA

Section 504/ADA Civil Rights Law General Education Site Section 504 Coordinator School Responsibility Requires 504 Accommodation Plan Physical or mental

impairment that substantially limits major life activity

Special Education Education Act Special Education Student Services Director Local, state, and federal responsibility Requires Individual Education Program (IEP) Eligibility under 1 of 14 categories

The Differences & Similaritiesbetween 504 and IDEA

Eligibility Classifications for Special Education

AutismDeafnessDeaf-blindnessEstablished Medical Disability (Ages 3-5)Hearing ImpairmentMental RetardationMultiple DisabilitiesOrthopedic ImpairmentOther Health ImpairmentSerious Emotional DisturbanceSpecific Learning DisabilitySpeech Or Language ImpairmentTraumatic Brain InjuryVisual Impairment Blindness

Students with ADD/ADHD

Students with processing deficits that do not have a significant discrepancy between ability and achievement

Students who transitioned out of special education

Students who are considered socially maladjusted

Students who have a history of drug and alcohol abuse

Students with health/ mental health needs

Students with communicable diseases

Types of Disabilities likely under 504 not IDEA

Level 1 - Counselor: Reasonable adjustments to student’s program. Gather information. Share information with teachers.

Level 2 - SST: Gather additional information. May try reasonable accommodations. May refer for assessment or gather medical information. Lower level problem solving.

Level 3 - 504 Team: Counselor is Case Manager. Team reviews data and determines eligibility for 504. Writes formal 504 plan, if eligible. Reviews plan with at least one time per year. Shares info with teachers and necessary support staff at beginning of each school year.

MUHSD 504 Process

Counselor receives report of student’s difficulties

Consultation with student, parent, teachers

Collect any data to help determine if accommodations are necessary

Make reasonable adjustments to students schedule

Level 1: Counselor

Reasonable adjustments not meeting student needs

Counselor schedules SST meeting

Prior to meeting, gather additional information including thorough CUM File review, teacher reports, necessary data, and medical information from doctor (i.e., Diagnostic Summary and district health questionnaire) to help determine substantial

limitation

SST may refer for additional assessment

SST may attempt additional accommodations not yet tried in Level 1

Level 2: Student Study Team

Level 1 and Level 2 supports not sufficient to meet students needs

Counselor serves as 504 Case Manager similar to IEP Case Manager

Team reviews all relevant data and determines eligibility

Team Develops plan

Plan to be reviewed annually for continuation or modification of services

Counselor to share 504 plan information with teachers at the beginning of each school year and follow student progress regularly

Counselor to schedule meetings to problems arise to may require adjustments to the plan

Level 3: 504 Team

Responsibilities of 504 Coordinators

and Monitors

System 504 Coordinator 

 

Develop a district-wide §504 compliance plan

Disseminate to each school building the compliance plan, with commensurate 504 procedures.

  Train school building §504 coordinators in §504 compliance/procedures.  Develop, implement and disseminate a detailing of procedural safeguards.  Work in partnership with the district's special education director.  Communicate district-wide procedures to staff and parents.  Continually seek new information relative to §504 compliance and update all data.  Serve as the district liaison with the Office for Civil Rights.  Allocate public resources with respect to the funding of §504 - non-special

educationservices

 

  Receives initial referral and post-referral information.

Responsible for gathering any additional and necessary evaluation data. 

Responsible for notifying all §504 committee members of meetings.

Obtains written permission for initial assessment.

Responsible for sending notices to parents and scheduling Section 504 meetings.

Assists in developing §504 modifications for eligible students.

Ensures that annual review meetings are conducted.

Conducts initial meeting and fills out required forms, conducts subsequent meetings as is necessary.

 

Site-Based 504 Coordinator

  Must be an administrator  Attends all 504 meetings.  Ensures that parents are provided with a copy of 504

Parental Rights.  Ensures the implementation of the §504 Plan by

monitoring the plan and by keeping a written record of such monitoring.

  Note: 504 monitor and coordinator may be the same

person. 

Site-based 504 Monitor

Important Legal Information

FAPE

•Free and Appropriate Public Education

14th Amendment

•Due Process & Equal Protection Clauses

Personal Liability

•Failure to Follow 504 legal contract•Civil Case