section 504 & the adaaa: how changes in the law impact your child with a disability or special...
TRANSCRIPT
Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or
Special Health Care Need
2
Legal Background
Section 504 & Public Schools Overview
504 Evaluation
504 Plan & Services
Procedural Safeguards
Training Agenda
4
What is Section 504?
Part of the Rehabilitation Act of 1973, a national civil rights law
It prohibits discrimination on the basis of disability by any program or activity (including schools) that receive federal financial assistance
5
“No otherwise qualified individual with a disability in the United States 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.”
What Section 504 Says
6
Both may provide services and protections to students with disabilities
All students found to be eligible under IDEA are also protected by Section 504, but not all students protected by Section 504 are eligible under IDEA
If a parent revokes consent for their child to receive special education services under IDEA, the student may still be eligible for a Section 504 plan and protections
*Individuals with Disabilities Education Act
Related Laws:IDEA* and Section 504
IDEA/504 Diagram
IDEA-eligible
students
504-eligible students
Students with disabilities
All Students
Section 504
IDEA
Funding? No Federal & State
Eligibility Determination
General disability definition
Disability categories & need for special education and related services
Evaluations Initial & “periodic” Initial & triannualFAPE Needs met as
adequately as those without disabilities
Individualized educational program from which child receives educational benefit
Plan 504 Plan IEP in writingEnforcement Office for Civil Rights State Education Agency
Side-by-Side Comparison
9
ADAAA prohibits discrimination of people with disabilities by: All qualifying private employers (Title I) All state and local government programs, including the
public schools (Title II), and All places of public accommodation, including non-religiously
controlled colleges and universities and test agencies (Title III) Section 504 preceded enactment of ADAAA and has
generally been used as basis for disability discrimination protection in schools
Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II
Related Laws: Section 504 & Americans with Disabilities Act
Amendments Act (ADAAA) of 2008
10
ADA Amendments Act of 2008 (ADAAA)
Requires that the definition of disability be interpreted broadly
The new definition of disability in the ADAAA must be used when determining Section 504 eligibility
11
Does the student:
have a physical or mental impairment*
which substantially limits one or more major life
activities?
*or has a record of having an impairment or is regarded as having an impairment
Person with a Disability: ADAAA/504 Definition
12
Any physiological condition that affects a bodily system, or any mental or psychological disorder
504/ADAAA Disability Definition Part 1:
Impairment
13
More than material limitation but less than severe limitation (Look to condition, manner, duration)
Mitigating measures may not be considered (hearing aids, medication, etc.)
Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.)
504/ADAAA Disability Definition Part 2:
Substantial Limitation
14
504/ADAAA Disability Definition Part 3:
Major Life ActivitySection 504
Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working
Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating
15
Additional Major Life Activities (Bodily Functions)
Brain Circulatory Endocrine Reproductive Neurological
Immune system Normal cell growth Digestive Bowel Bladder Respiratory
16
Test Your Knowledge
1. What is the name of the law that includes Section 504?
2. What are the three parts of the definition of disability under Section 504?
18
Intent of civil rights laws is to provide equal opportunity and prevent discrimination based on disability
Public schools must provide FAPE (free appropriate public education) to each qualified student with a disability
Section 504 and Public Schools
19
Meets a student's individual needs as adequately as the needs of nondisabled students are met
Places students with their nondisabled peers to the maximum extent appropriate
Includes evaluation and placement procedures
Establishes due process procedures
504 & FAPE: What is an appropriate education?
20
Overview: The 504 Process
Referral Evaluation Eligibility
Determination Development of
504 Plan Review Reevaluation
22
Districts: Have “child find” obligation to evaluate students who they suspect may have a disability
Parents: May want to consider 504 evaluation if their child did not qualify for services under IDEA but has shown a pattern of not succeeding in the general education classroom or has a diagnosis and needs accommodations to fully participate in school activities
Evaluation Referral
23
Does the student have a disability under Section 504?
If so, what are the student’s individual education needs?
Purpose of Evaluation
24
The evaluation must:
Use valid tests conducted by trained personnel
Assess all areas of educational need
Accurately reflect achievement rather than disability
Be completed in a reasonable amount of time
Include process for periodic reevaluation
Section 504 Evaluation Requirements
25
Medical diagnosis is not needed for Section 504 eligibility
If 504 placement team determines a diagnosis is required, the evaluation must be conducted at no cost to the parents
If a child does have a medical diagnosis, it does not automatically qualify the student for 504 services
Medical Diagnosis and 504
26
Required:
“Periodically” (not defined in 504, may use IDEA timelines)
Before changing placement (includes education setting or significant change in service level)
Suspension of more than 10 days
Reevaluation
28
People who: are knowledgeable
about the student,
can interpret data, and
know the placement options
504 Team
Might Include: Principal Social Worker Counselor Psychologist Nurse Other School Staff Parent
29
The team must consider all factors affecting a student’s ability to receive FAPE:
Evaluation data (aptitude and achievement tests)
Teacher recommendations
Physical condition
Child’s social & cultural background
Adaptive behavior
Other sources of information (parents, doctors, etc.)
Determining 504 Eligibility & Services
30
504 Plan
Plan describes all services and accommodations to be provided to meet student’s individual needs
Written plan is not required, but is considered good practice and should be requested by parents
31
Regular classes Regular classes with supplemental
services Special education and related
services
Types of Educational Settings
Students must be placed in regular classrooms to the maximum extent
appropriate
32
Examples include accommodations and modifications such as:
Removal of physical barriers
Extended time for testing
Adjustment of class schedule
Rest periods
Use of aids (calculators, recorders, notetakers, modified textbooks, etc.)
Individualized homework assignments
Types of Supplemental Services
33
Physical therapy
Counseling, psychological, or social work services
Assistive technology
Speech & language services
Occupational therapy
Medical Services
Staff training
Types of Related Services
34
Section 504 also prohibits discrimination against students with disabilities in non-academic settings:
Before and after-school programs Field trips Extracurricular activities & athletics Career/guidance services Transportation
Non-Academic Services
35
What are the six steps in the 504 process, beginning with “referral”?
Who are potential members of a Section 504 team?
What is the timeline for completing a Section 504 evaluation?
Test Your Knowledge
37
Notice Records review by parent or
guardian Due process -- impartial hearing
with participation by parent and counsel
A review procedure
Procedural Safeguards
38
School Districts must: Establish grievance procedures for resolving
complaints Designate a 504 Coordinator to ensure
compliance Inform parents and students about the
grievance process
504 Coordinator and Grievance Procedures
39
U.S. Department of Education Office for Civil Rights complaint (must be filed within 180 days)
Legal action in Federal Court
Additional Dispute Resolution Options
40
Districts may not retaliate against individuals for: asserting rights under 504/Title II opposing disability discrimination participating in a complaint process or
hearing
No Retaliation
42
Section 504 & Public Schools Review: Interactive Activities
Section 504 & IDEA Scenarios
Sample 504 Plans
45
Extra time to complete work
Strategies for staying on task
Reduced assignment length
Two sets of books
Supervision on outings
Quiet room for tests
Supervision of medication administration
Child with ADHD
46
Private space and time to monitor glucose levels
Ability to eat snacks when needed
Opportunity to make up work missed due to illness
Health plan that includes training staff to administer insulin shots at school or on field trips
Child with Diabetes
47
Development of emergency health plan
Lunch table free from allergen (e.g. “peanut free zone”)
Ability to store safe snacks at school for special occasions
Supervision of administration of medication
Child with Severe Food Allergies
48
Notetaker for class lectures
Shortened homework assignments
Assistive technology such as audio textbooks
Extended time for tests
Child with Learning Disabilities
49
Extended time for tests
Supervision of administration of medication
Time for appointments with counselors/others
Modified schedule
Ability to take breaks in quiet setting
Child with Anxiety Disorder
50
Modified schedule
Movement plan to avoid stiffness
Assistance with carrying (books, lunch tray, band instruments, etc.)
Assistive technology or notetaker
Medication assistance
Child with Arthritis
52
ADA Amendments Act of 2008 Section 504, Title II, and Students with Disabilitie
s in Public Schools (OCR)
Section 504 of the Rehabilitation Act of 1973 Regulations
IDEA/504 & ADAA Workshop (SPAN) Free
Appropriate Public Education for Students with Disabilities: Requirements under Section 504 of the Rehabilitation Act of 1973 (OCR)
References
53
OCR Complaint Processing Procedures Frequently Asked Questions About Section 504 a
nd the Education of Children with Disabilities (OCR)
Americans with Disabilities Act Questions and Answers (EEOC)
Section 504 and Students with Disabilities (WI FACETS)
References, cont.
54
http://www2.ed.gov/about/offices/list/ocr/index.html
National OCR Headquarters: 800-421-3481
Find your regional OCR office (also listed on next slide): http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm
Complaint Information:http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html
Office for Civil Rights
55
Boston Office (CT, ME, MA, NH, RI, VT)(617) 289-0111
Chicago Office (IL, IN, IA, MN, ND, WI)(312) 730-1560
New York Office (NJ, NY, PR, VI)(646) 428-3800
Cleveland Office (MI, OH)Telephone: (216) 522-4970
Philadelphia Office (DE, MD, KY, PA, WV)(215) 656-8541
Kansas City Office (KS, MO, NE, OK, SD)(816) 268-0550
Atlanta Office (AL, FL, GA, TN)(404) 974-9406
Denver Office (AZ, CO, NM, UT, WY)(303) 844-5695
Dallas Office (AR, LA, MS, TX)(214) 661-9600
San Francisco Office (CA)(415) 486-5555
District of Columbia Office (NC, SC, VA, DC)(202) 453-6020
Seattle Office (AK, AS, GU, HI, ID, MT, NV, OR, WA, MP)(206) 607-1600
OCR – Regional Officeshttp://www2.ed.gov/about/offices/list/ocr/addresses.html