school nurses and 504

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What School Nurses Need to Know About 504 Karen Haase Harding & Shultz (402) 434-3000 [email protected] H & S School Law @KarenHaase

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Page 1: School Nurses and 504

What School Nurses Need to Know About 504

Karen HaaseHarding & Shultz

(402) [email protected]

H & S School Law

@KarenHaase

Page 2: School Nurses and 504

504 Overview

Page 3: School Nurses and 504
Page 4: School Nurses and 504

Similarities School districts must evaluate and

determine eligibility Both require

• transportation, • accommodation/modification• related services• manifestation determination LRE requirement

Page 5: School Nurses and 504

Primary Differences Definition of disability is unique to

each statute No funding under 504 504 encompasses

• Students • Employees • Patrons

Page 6: School Nurses and 504

When is school required to make a 504 referral?

When district believes that the student has a physical or mental impairment that substantially limits one or more major life activities AND

Student is in need of either regular ed with supplementary services or special ed. and related services

Page 7: School Nurses and 504

When is school required to make a 504 referral?

When district believes that the student has a physical or mental impairment that substantially limits one or more major life activities AND

Student is in need of either regular ed with supplementary services or special ed. and related services

Page 8: School Nurses and 504

When district believes that the student has a physical or mental impairment that substantially limits one or more major life activities AND

Student is in need of either regular ed with supplementary services or special ed. and related services

When is school required to make a 504 referral?

Page 9: School Nurses and 504

When district believes that the student has a physical or mental impairment that substantially limits one or more major life activities AND

Student is in need of either regular ed with supplementary services or special ed. and related services

When is school required to make a 504 referral?

Page 10: School Nurses and 504

When district believes that the student has a physical or mental impairment that substantially limits one or more major life activities AND

Student is in need of either regular ed with supplementary services or special ed. and related services

When is school required to make a 504 referral?

Page 11: School Nurses and 504

What constitutes a “substantial limitation?”

504 regs do not define: “The Department does not believe that a definition of this term is possible at this time.”

Phrase is to be defined by local education agency

Page 12: School Nurses and 504

“substantial limitation?”Congress: a major life activity is substantially limited when “the individual's important life activities are restricted as to the conditions, manner or duration under which they can be performed in comparison to most people.”

Page 13: School Nurses and 504
Page 14: School Nurses and 504

Changes to ADA

Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) The ADA Amendments Act of 2008

increased the number of individuals who qualify for accommodation under both the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

Page 15: School Nurses and 504

Major Changes First, the definition of “major life activity”

has expandedNow include but are not limited to:Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Page 16: School Nurses and 504

Major Changes First, the definition of “major life activity”

has expandedNow include but are not limited to:Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Page 17: School Nurses and 504

Major Changes Second, interpretation of “substantially

limits” has been changed• Must evaluate impairment that is episodic or in

remission in active state• Must not consider mitigating measures

Page 18: School Nurses and 504

Episodic Impairments Asthma Chron’s Disease IBS Any other disease that can “come and

go” or has good and bad days

Page 19: School Nurses and 504

No “Mitigating Measures”

A student may be eligible under Section 504 even if the student’s disability or condition is controlled or mitigated, whether by medication, technology, etc. This means you may be evaluating

a hypothetical student

Page 20: School Nurses and 504

Mitigating Measures

Page 21: School Nurses and 504

Mitigating Measures Medication Medical supplies, equipment, appliances Low-vision devices (NOT ordinary

eyeglasses or contacts) Prosthetics Hearing aids/cochlear implants Learned behavioral or adaptive

neurological modifications Reasonable accommodations or other

auxiliary aids or services

Page 22: School Nurses and 504

Transitory Impairments A “transitory impairment” is defined

as an impairment with an actual or expected duration of six months or less. “Any impairment the duration of

which is less than six months would not constitute a disability.” James A. Garfield (OH) Local School

Dist., 52 IDELR 142 (OCR Feb. 19, 2009).

Page 23: School Nurses and 504

What if the activity impaired is not learning? The child may still need a 504 plan The focus is on the effect on the student,

not the type of disability “Students may have a disability that in

no way affects their ability to learn, yet they may need extra help of some kind from the system to access learning.”

Page 24: School Nurses and 504
Page 25: School Nurses and 504

Health Plan ≠ 504 Plan

Page 26: School Nurses and 504

504/Health Plans Tyler (Tx) Indep. Sch. Dist., (OCR

2010) • health care plan for diabetic students• Required to evaluate under 504

Dracut (Ma) Pub. Sch., (OCR 2010)• health care plan for peanut allergy• Required to evaluate under 504

Page 27: School Nurses and 504

504/Health Plans Opelika city (AL) Sch. Dist., (OCR

2010) • health care plan for diabetic

students• Required to evaluate under 504

Jan. 19 Guidance Document

Page 28: School Nurses and 504

Health Plan Action Steps List of all kids with health plan List of all kids on medication and

what meds are List of all kids identified by parent

as having health condition Train school nurse!

Page 29: School Nurses and 504

Can We Just Provide Help without creating a plan?

No!! Remember: disability education

law is about PROCESS not RESULTS

Temple (TX) ISD, (OCR 1996)

Page 30: School Nurses and 504

504 and Private Schools

Page 31: School Nurses and 504

504 and Private Schools Public schools aren’t obligated to

provide 504 services at private schools • Letter to Vier, 20 IDELR 864 (OCR

1993) 504 applies to private schools

independently• Bristol (CT) Pub. Schs., 55 IDELR 207

(OCR 2010)

Page 32: School Nurses and 504

Medical diagnosis issues Diagnosis alone not sufficient Must consider – along with info from

other sources May not require parents to provide

medical records If school determined medical

assessment necessary, district must ensure child receives assessment