Section 504 Training for Certified Staff Members

MERIDIAN JOINT SCHOOL DISTRICT NO. 2CREATED AUGUST 2009

Who is Covered Under Section 504?

Any person who:Has a mental or physical impairment which substantially limits one or more major life activities.

Is discriminated against based upon a record of such impairment, or

Is discriminated against based upon being regarded as having such an impairment.

Section 504 is a NON-DISCRIMINATION LAW.

Due to a student’s disability, a school may need to take some action to remove barriers, thus allowing for EQUAL ACCESS.

Are Only Students Covered?

Section 504 covers students, parents and employees.

All IDEA-eligible students are also immediately covered under Section 504.

IDEA504All Students

Section 504Responsibilities of Certified Staff

Assist in the identification of 504 students

Attend and participate in 504 team meetings

Signs that it’s time to make a referral to the 504 team

A disability of any kind is suspected or known ofRetention is being considered Student is showing a pattern of not benefiting

from classroom instructionChronic health condition existsStudent returns to school after a serious illness

or injuryStudent no longer qualifies for an IEPStudent is at-risk for dropping out (high school)Student has a substance abuse history

504 Team

A group of persons including persons knowledgeable:

• About the child• The meaning of the evaluation data

• The placement options

Parents’ Rights

Parents not required to attend but are always invited to attend the 504 team meetings.

Remember parents can challenge the decision of the 504 committee. (Grievance Procedure)

Who is the 504 case-manager?

School CounselorSchool NurseSLPAdministrator, or school psychologist

Questions the Team Should Ask:

Is there a physical or mental impairment?

What is the major life activity impacted?

Is there a “substantial limitation”?

What Does “Substantial Limitation” Mean?

Unable to perform a major life activity

To a large degreeCompare with an average student in the general population.

Factors to be considered• Nature and severity of the impairment• Duration/expected duration of

impairment• Permanent or long-range impact or

the expected permanent or long-term impact of or resulting from the impairment.

What Does “Substantial Limitation” Mean?

A Disability DOES NOT Automatically Mean a 504 Plan is Written.

Decisions regarding 504 protection should be made on an individual case basis.

For example not all students who are (ADHD, Diabetic, etc.) need 504 accommodations.

Always use good judgment.

Multiple Sources of Information

Make decisions regarding a student’s 504 protection based on multiple sources of information.

Always ask the parents for documentation of the student’s disability or handicapping condition.

A parent’s refusal to provide documentation DOES NOT disqualify the student from potential 504 protection.

Lack of documentation of a disability does not prevent a student from 504 protection.

Draw upon information from a variety of sources including but not limited to:

Group aptitude and achievement testsTeacher recommendations and

observationsPhysical condition (School Nurse

information)Social and cultural backgroundParent inputWork samplesMedical recordsCum file informationDiscipline recordsHistory of Attendance

Questions for the Team to Ask….

What are the “reasonable accommodations” that are needed to remove barriers for this student?

When creating a 504 plan remember…

We CANNOT use the excuse that the school district cannot afford the accommodation needed for the student.

A 504 plan should address barrier that are occurring right now.

Keep in mind what “reasonable accommodations” are needed to remove barriers.

We CANNOT guarantee grades, outcomes, or performance.

Over-identification

Pressure to identify to get:• Extra time on tests (both national and

local tests)• An edge over competition• Better grades for college entrance and scholarships

“Equal Access”

Does not mean assuring outcomes

(I.e. grades, credits)A 504 plan is not a way to guarantee success at the next level (middle school, high school, post-secondary institution or employment).

A 504 plan does not ensure success, it allows for equal access.

Modifications v. Accommodations

MODIFICATIONSChange standardsChange core of

programChange curriculumTypically

associated with IDEA and specially designed instruction

Creates the “playing field”

ACCOMMODATIONS

Same standards, content, performance criteria, and curriculum, but a different path.

Accommodations should not change the reliability and validity of any assessment.

Level the “playing field”

Section 504Responsibilities of Certified Staff

Implement 504 accommodation plansRequest another 504 team meeting if

accommodation plan is either not appropriately assisting the student or is unreasonable

Certified staff not following district policy and procedures can be disciplined up to and including dismissal.

May also face legal liability

What happens if a teacher chooses not to provide 504 accommodations for a student?

Section 504Responsibilities of Certified Staff

Document correspondence regarding accommodation plan (Parent phone calls, emails, etc.)

Provide information regarding 504 plan for substitute

Section 504 Responsibilities of Certified Staff

Be cautious with making statements about a student’s disability to parents or other staff….

Maintain confidentiality…

Other questions or concerns about Section 504?

Speak with building administrator and/or 504 case-manager.