504 Plans

POCHA of Will County

June 8, 2009

Plan for Today

• What is a 504 Plan

• Who is Covered

• Complaints

• Sample

• IHP

• Tip for securing 504 Plan

• HB0281 Update

What is a 504 Plan?

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability.

Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.

Section 504 states

"No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].

Are 504 plans really necessary? • The kind of accommodations and modifications offered by a 504

plan are often the sorts of things you may have worked out privately with the school or the teacher in the past.

• Outlining these things in a legal document may seem like too much trouble and paperwork. But when dealing with bureaucracies, it's always best to get things down in writing. A new teacher, new principal, new superintendent, or a move to a new school or town can render all your handshake agreements invalid.

• Having a legally binding plan lets everyone know what's to be done and how to go about it, and promotes consistency and accountability.

Who is Covered?

To be covered under Section 504, a student must be "qualified" (which roughly equates to being between 3 and 22 years of age, depending on the program as well as state and federal law, and must have a disability) [34 C.F.R. §104.3(k)(2)].

Who is an "individual with a disability"?

As defined by federal law:

"An individual with a disability means any person who:

– has a mental or physical impairment which substantially limits one or more major life activity;

– has a record of such an impairment; or – is regarded as having such an impairment"

[34 C.F.R. §104.3(j)(1)].

Would a student with a food allergy be considered to have a disability under Section 504/Title II?

• It depends. • Determinations regarding whether a student has a

disability within the meaning of Section 504 or Title II are made on a case-by-case basis.

• The relevant question would be whether the food allergy is a physical impairment that substantially limits one or more major life activities.

• For example, if a student has an egg allergy, and the only limitation associated with this impairment is a mild skin reaction, then that student’s egg allergy would not make the student an “individual with a disability,” because the impairment does not substantially limit a major life activity.

Food Allergies = Limit Life Activity? • The law defines an individual with a disability as one

with a physical or mental impairment that substantially limits one or more major life activities. – Caring for self - Breathing – Walking - Learning– Seeing - Working– Hearing - Speaking– Other

• This can include physical impairments; illnesses or injuries; communicable diseases; chronic conditions like asthma, allergies and diabetes; and learning problems.

Who can refer a child for consideration for evaluation under Section 504?

• Anyone can refer a child for evaluation under Section 504. However, while anyone can make a referral, such as parents or a doctor, OCR stated in a staff memorandum that "the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability." (OCR Memorandum, April 29, 1993.)

• Therefore, a school district does not have to refer or evaluate a child under Section 504 solely upon parental demand. The key to referral is whether the school district staff suspects that the child is suffering from a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services [Letter to Mentink 19 IDELR 1127 (OCR) 1993].

• If a parent requests a referral for evaluation, and the school district refuses, the school district must provide the parent with notice of their procedural rights under Section 504.

Allergist to write a letter – “Life threatening Food Allergies”

What Are My Rights as a Parent under Section 504?

• Receive notice regarding the identification, evaluation, and/or placement of your child

• Examine relevant records pertaining to your child

• Request an impartial hearing with respect to the district's actions regarding the identification, evaluation, or placement of your child, with an opportunity for the parent/guardian to participate in the hearing, to have representation by an attorney, and have a review procedure

• • File a complaint with your school district Section 504

Coordinator, who will investigate the allegations regarding Section 504 matters other than your child's identification, evaluation, and placement

Complaint

File a complaint with the appropriate regional Office for Civil Rights. For additional

information, contact:

Office for Civil RightsU.S. Department of EducationWashington, D.C. 20202-1100

800-421-3481www.ed.gov/ocr

E-mail: ocr@ed.gov

Office of Civil Rights COMPLAINT PROCESSING PROCEDURES

• LAWS ENFORCED BY OCR– http://wdcrobcolp01.ed.gov/CFAPPS/OCR/complaintform.cfm

• EVALUATION OF THE COMPLAINT– legal authority to investigate the complaint– a complaint must be filed within 180 calendar days of the last act – contains enough information about the alleged – If more information needed, complainant has 20 calendar days to respond

• OPENING THE COMPLAINT FOR INVESTIGATION • INVESTIGATION OF THE COMPLAINT

– variety of fact-finding techniques – reviewing documentary evidence submitted by both parties– conducting interviews with the complainant– recipient’s personnel– other witnesses– site visits

• RESOLUTION OF THE COMPLAINT AFTER A DETERMINATION OF NON-COMPLIANCE

• If win, OCR tries for voluntary agreement btwn parties

Accomodations

• A 504 plan is a legal document and is binding.

• A 504 plan spells out the modifications and accommodations that will be needed for these students to have an opportunity perform at the same level as their peers, and might include such things as wheelchair ramps, blood sugar monitoring, an extra set of textbooks, a peanut-free lunch environment, home instruction, or a tape recorder or keyboard for taking notes.

• For students who are eligible under Section 504, schools must make appropriate accommodations to eliminate barriers to the students’ participation in school and school activities. Implementation of Section 504 provides disabled students with the same access to educational opportunities provided to their non-disabled peers and supports them in achieving positive health and educational outcomes.

Sample• A. Develop an emergency plan for food allergies that is

reviewed and signed by the physician and parent yearly.• B. Teachers and staff members must attend immediately to

any complaint by CHILD regarding her health• .C. Be prepared to handle an allergic reaction and ensure that

there is a staff member available who is properly trained to administer emergency medication(s) during the school day regardless of time or location.

• D. Keep an individualized emergency kit in an easily accessible, secure location in the nurse’s office. An additional epi-pen will be kept in the classroom. The epi-pen will be carried by the supervising teacher to all locations CHILD travels to within the school and on the playground (walkie talkie must be utilized for all activities outdoors).

Sample• E. Assure that all staff that interacts with the student on a regular basis understands food

allergies, can recognize symptoms of an allergic reaction, and knows what to do in an emergency.

• F. Eliminate the use of the identified food allergen(s) in educational tools, art projects, or incentives. Incentives will take the form of a nonfood item

• .G. Review emergency and prevention plan with core team members, parents, student (age appropriate), and physician after a reaction has occurred.

• H. The student’s individualized emergency medical kit and cellular phone will accompany each field trip she attends. If parent is not attending a field trip, CHILD should be placed in a group with a staff member who has been trained to implement the emergency plan. Parent(s) or another family member to have the option of attending all field trips. If CHILD does not attend a field trip, an alternate activity would be provided during the school day.

• I. Teacher to coordinate plans for birthday celebrations that should not include food (birthday book, pencils, etc.).

• J CHILD will not be given any food at school that is not provided by her parents. No other food is to be consumed by CHILD under any circumstances. A snack box from home will be provided in the event CHILD drops food or another student touches her food. CHILD must use a disposable place mat/napkin when eating. CHILD’S snack will be in a zip-lock bag

• K. Students, Prospect staff, and parents entering the classroom must wash their hands or use a disposable wipe to remove any potential food residue (upon arrival to school and after returning from lunch). Students should also wipe /wash their hands after eating a snack.

Sample• L. CHILD must wash her hands prior to eating.• M. A copy of the student’s emergency plan and 504 accommodations will be kept in all sub

folders of teachers who regularly interact with the student. Whenever possible, all teachers who interact with CHILD will request subs that are familiar with CHILD’S allergies/emergency plan/504 accommodations.

• N. Soaps, cosmetics, and other products used in classrooms where CHILD attends will be examined for tree nut, shellfish, finfish, egg, sesame, and banana products. Parent may check labels of products CHILD will be exposed to at school.

• O. All foods and supplies used in the classroom must have a complete and legible list of ingredients.

• P. Advance notification will be provided to CHILD’S parents communicating any projects involving food.

• Q. CHILD will not be asked to assume classroom tasks involving foods, waste products, or washing tables except in her immediate area.

• R. If CHILD’S classroom is used as a lunchroom, all desks will be wiped down after lunch. CHILD’S desk will be wiped down before and after lunch. She will also use a disposable placemat.

• S. Items that contain disclaimers such as “may contain” or “manufactured in a facility with” will not be used in the assigned classroom.

• T. If CHILD is stung by a bee/wasp, Parent is to be called immediately and CHILD will remain in the nurse’s office for observation. Give Benadryl immediately.

Sample• U. During periods when numerous bee stings are reported at school, CHILD should be

provided with an alternate activity during outdoor P.E. and recess (parents to be notified).• V. The table and stool CHILD sits at while in art will be wiped down with a cleansing wipe

prior to her arrival in art. The art teacher or sub art teacher should closely observe CHILD during art class because she uses community art supplies.

• W. A keyboard cover will be provided for CHILD for classroom computers and computers in the computer lab.

• X. Remind CHILD not to put anything in her mouth (fingers, pencils, etc.).• Y. Notify EMS that latex-free products (especially supplies used for intubation) should be

used when caring for CHILD.• Z. CHILD will sit at the end of the lunch table. Students across and next to CHILD will have

lunches that do not contain identified allergens. Mrs. Miller will communicate with the parents of students sitting next to and across from CHILD regarding “safe” foods that can be sent in their child’s lunch.

• Z1. Designated person will wipe the table where CHILD sits before lunch with soap and water using a clean wipe.

• Z2. Designated person will actively supervise the lunch area where CHILD sits. • Z3. CHILD will eat lunch at home or parent(s)will provide lunch at school on fun lunch days.• Z4. CHILD’S 504 plan will be reviewed at the beginning of the year and after winter break.

The 504 team• Must comprise persons knowledgeable about the student, the

disability, and possible accommodations– Teachers (Classroom, Art, Gym, Music)– School Nurse– Principle – Health Aide – School Psychologist – Director of Pupil Personnel – 504 Compliance Officer for the School Building – District Nurse– Student (if appropriate)

• 504 coordinator in place to manage 504 plan • If eligibility is confirmed, must design an accommodation plan

based on specific individual needs of the student.

Individual Health Plan (IHP)

Individual Health Plan (IHP)• For students who need health-related

accommodations at school• School nurse develops an IHP, a nursing

document. • IHP process is collaborative and includes

parents, school staff, and health care providers• Student needs only the health-related

accommodations outlined in the IHP to access education

• No criteria needs to be met (physical or mental impairment that substantially limits one or more major life activities)

• No coordinator

504 vs IHP

• Determine which will work in your district

• Goal is to get agreement on how to care for your child at school

• Both can describe accommodations for allergies

• Gain agreement…. It is still only paper

INDIVIDUALIZED HEALTH CARE PLAN (IHP)

• “It is the position of the National Association of School Nurses that each student with a relatively complex health condition or a need for modification of the school environment due to a health condition should have an IHP.

• It is also the position of NASN that the professional school nurse should be responsible for the writing of the IHP in collaboration with the student, family, and health care providers.” (Cite: National Association of School Nurses, http://www.nasn.org/positions/careplans.htm.) 

IHP CompenentsEMERGENCY HEALTH CARE PLAN (EHP)

• What are the signs of a mild reaction? • What steps should the adult in charge take in the event of a non-

life threatening reaction? • If the child is contact allergic, what should happen should the

allergen touch his or her skin? • What are the signs of a serious reaction? • What are the steps that should be followed in the event of a

serious reaction and medical emergency? • What are the names of the individuals who are trained to

administer the emergency medication? • Do the parents have a chain list of individuals that can

administer the emergency medication, in case the first person on the list is not available?

IHP

• How much medication should be administered? • What steps will be taken if the child does not

cooperate during the administration of the medication?

• Who will call 911? • On what telephone will 911 be called? • What telephone script will be followed when calling

911 and where will it be posted? (• Will the caller tell the 911-operator to bring more

epinephrine? • Will the child w/fa remain in the classroom or be

brought to the office?

IHP

• Will it be stated that the child having any type of allergic reaction must not be allowed to walk to the nurse or anywhere else alone?

• If the child goes to the office to wait for the ambulance, what route with in the school will be taken?

• To what hospital will the child be transported? • Who will ride in the ambulance with the child? • How and when will the parents be contacted? • Who will call the child’s parents? • What will be said to the parents on the telephone? • Will the child wear a MedicAlert bracelet?

IHP

• Additional Information stated in the 504 Plan• The Emergency Response Protocol will be stated in this document as well as on

a sheet of paper. • The EHP will be kept in the following locations by the following individuals… • The nurse/case manager will collaborate with the parents of the child w/fa and

child’s physician to write an EHP based upon physician’s orders and directives regarding allergy (and asthma management).

• The plan will be reviewed with the following individuals… (principal, classroom, special area teachers)

• The plan will be reviewed at the following times during the year… • The EHP will be updated annually and signed by … • All of the child’s teachers and aides review the EHP in detail. • A copy of the EHP will be retained by the child’s classroom teacher and placed… • A copy of the EHP will be made available to substitute teachers by… • A copy of the child’s EHP will be kept in the child’s cumulative health record. • A copy of the child’s EHP will be posted at all times in the Health Office which is

routinely done for all medically involved students.

Sample

Determine which is a good fitIHP or 504 Plan

The DrillThe team considered what staff would need to know if a child began to

have a reaction.  They identified the following:

• Who notifies the appropriate staff member, and how?  Which staff members need to be notified?

• Who stays with the child?  Who goes for help, and to whom? • Who makes an announcement on the public address system to

summon the right people and medication, and what do they say? • Who calls 911, and what do they say?  Who stays near the phone

in case the dispatcher calls back? • Who goes to the street to direct emergency responders to the

child? • Who from the school security staff keeps onlookers away? • Who goes with the child in the ambulance? • What happens to the used epinephrine autoinjector?

Steps to secure a 504 plan

• Examine the school’s current food allergy policy.

• Request that your child’s pediatric allergist write a letter that states your child’s diagnosis, severity of reactions, and whether or not the respiratory, cardiovascular and/or skin systems are affected.

• Contact the office of the Superintendent of Schools for your school district and ask for a meeting with your child’s 504 Plan Coordinator.

The Kamon-Miller Family Suggestions

Tips• Start early. Contact your school one year prior to your

child starting school. Get a plan in place before school lets out for the summer. You can confirm it again right before school lets out.

• Confirm when you will meet before school starts (with your child’s teacher).

• Remember that the goal is not so much to enforce the letter of the 504 Plan as it is to get your child the assistance and adjustments needed. If school personnel have alternative suggestions, be open to them -- or make some yourself.

• Remain as calm, organized and collaborative with school personnel as you would like them to be with you. You can scream and hit things when you get home.

• Start at the top of the school organization (Principle / Superintendent). It is easier to move down the organization than it is to move up.

Communication

• Start by calling school – Who is 504 coordinator?

• What is current policy? Ask POCA members in your district or school.

• Describe past reactions

• Provide education and material on food allergies to any one who will read it

GOALS OF THE 504 PLANParents write main goals of the 504 Plan that discuss:

– adhering to all aspects of the 504 Plan to avoid the allergen. – assisting the child to maintain a stable physiological state

void of allergic reactions through preventative measures. – recognizing the signs of an allergic reaction and treating it

promptly in all school contexts. – striking a balance between safety and social normalcy,

providing the same opportunities and conditions as the child’s peers, and offering encouragement to the child.

– encouraging open and on-going communication among adults about food allergy issues and doing so discretely and in the appropriate forum.

BACKGROUND INFORMATION

• Will the parents provide general information about food allergy, environmental allergies, and asthma?

• What is food allergy? (Explain.) • What is anaphylaxis and its symptoms? (Explain.) • What types of reactions are there? (Contact,

Ingestion, Inhalation - Explain.) • What is cross contamination in general? (Explain.) • What are environmental allergies? Ex. dust mite, dog

dander (Explain.) • What is asthma? (Explain.) • What additional risk does an asthmatic have during

an allergic reaction? (Explain.)

OVERVIEW OF THE CHILD’S CONDITION

• Explain which food and environmental allergies the child has and how the child reacts to the allergen(s)?

• Are there other allergies or medical conditions that render the child eligible for receive protection under Section 504 that need to be included in this plan?

• What proof do you have of the child having the allergy or that the child is regarded as having the allergy?

• Do you have a letter from the child’s doctor stating the danger of anaphylaxis and the need for the child to have an EpiPen (Jr). with him or her at all times?

• Do you have the formal test results from the CAP RAST and or the Prick Skin Tests?

• What major life activity is affected by the allergy? • What documents will be part of this 504 Plan that addresses

the child’s needs?

OVERVIEW OF THE CHILD’S CONDITION

• Nature of the concern for the child: – The child has ingestion allergy reactions to … – The child has contact allergy reactions to … – The child has inhalation allergy reactions to … – The child has seasonal allergies to … – The child has asthma which is triggered by…

• Basis for the determination of the disability: – See the physicians letter dated ... – See the allergy testing results dated … – See the parent diary of allergic reaction dated from…to….

• Disability that affects a major life activity: – The child’s anaphylactically allergic to ___________. This onset of the

reaction can be sudden, and fatal within minutes. It must be treated immediately.

• The life system of breathing is affected which makes the child eligible for Section 504.

• Necessary Accommodations and Modifications will be addressed in all of the subsections of this 504 Plan

Talk to the classroom teacher

• Teacher designated delivery person for the accommodations and modifications listed,

• If not onboard, the likelihood of the plan being followed is slight.

• Have a meeting and share your concerns, and be very specific about why your child requires this assistance.

• There can be lots of reasons for noncompliance, including misunderstanding of the goals, lack of support or training, competing obligations, or resistance to what is seen as unfair advantages.

• If you can't work things out directly with the teacher, move to the next step.

Talk to the classroom principal

• This will be especially important if the teacher is willing but has not received appropriate assistance from the administration to put the modifications and accommodations into effect.

• It's possible that the principal does not realize that the 504 involves more than can be handled effectively by the classroom teacher, and you're going to serve as a reminder.

• Make specific requests for what is needed, based on your knowledge of your child and your conversation with the teacher.

• Agree on a timetable for the needed supports to be put in place, and write a letter later to confirm that.

Talk to the classroom 504 Coordinator

• If the teacher and principal are not able or willing to implement your child's 504 plan, find out who is responsible for coordinating those plans for your school district and touch base with that individual.

• The coordinator should have knowledge of your child's plan, and needs to be aware that it is not being put in place.

• If certain aspects of the plan cannot be realistically implemented, it may need to be rewritten; and if it is workable, then some district muscle may be required to enforce it.

• Again, agree on a timetable for that, and confirm it with a letter.

Talk to the state parent advocacy center

• Although the 504 Plan falls under federal law and not state law, advocates in your local area may have a better idea of how schools have succeeded or failed with 504s in the past, and how you might best force enforcement.

• The Technical Assistance Alliance for Parent Centers offers a directory you can use to find contact information and websites for centers in your state.

– http://www.taalliance.org/ptidirectory/index.asp– Family Resource Center on Disablities– 20 East Jackson Blvd., Room 20, Chicago– 312-939-3513

• You should be able to call your nearest office and discuss your problem with a parent or advisor who has experience with getting school districts to do their jobs.

HB281

Illinois School Guidelines

for Managing Children

with Food Allergies

HB281 – Food Allergy Policy for Schools

 "Section 5. The School Code is amended by adding Section 52-3.148 as follows: 

(105 ILCS 5/2-3.148 new) Sec. 2-3.148. Food allergy guidelines.

(a)Not later than July 1, 2010, the State Board of Education, in conjunction with the Department of Public Health, shall develop and make available to each school board guidelines for the management of students with life-threatening food allergies.

HB281 (con’t)The guidelines shall include, but need not be limited to, the

following: (1) education and training for school personnel who interact with students with life-threatening food  allergies, such as school and school district   administrators, teachers, school advisors and counselors, school social workers, school psychologists, school health personnel, and school nurses, on the management of students with life-threatening food allergies, including training related to the administration of medication with an auto-injector; (2) procedures for responding to life-threatening allergic reactions to food;  (3) a process for the implementation of individualized health care and food allergy action plans for every student with a life-threatening food allergy; and(4) protocols to prevent exposure to food allergens  

HB281 (con’t)(b) Not later than January 1, 2011, each school board shall

implement a policy based on the guidelines developed pursuant to subsection (a) of this Section for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction. Nothing in this subsection (b) is intended to invalidate school district policies that were implemented before the development of guidelines pursuant to subsection (a) of this Section as long as such policies are consistent with the guidelines developed pursuant to subsection (a) of this Section. Section 99. Effective date. This Act takes effect upon becoming law.".