Section 504 Training for Staff
Referrals
Episodic Impairments
Notify counselor or administrator to refer a student who is:
- Under a health care plan
- Needing long-term academic or behavioral interventions
- Impairment suspected
- 504-eligible if the impairment substantially limits a major life activity when active
- Ex: seizures
- 504 plan takes affect when impairment is active
What is FAPE??
Cultural, Environmental, and Economic Factors
Referral Process
- Aptitude and achievement tests
- Teacher recommendations
- Report card
- Work samples
- Information from parent
- Psychological evaluation
- Physical condition
- Social/cultural background
- Adaptive behavior
- Section 504 requires school district to provide "Free Appropriate Public Education":
- Education in regular classes,
- education in regular classes with the use of related aids and services, or
- special education and related services in separate classrooms for all or portions of the school day.
Guidelines for Accommodations
- 504 team: Parent, teacher(s), 504 coordinator, administrator
- Team decision
- Evaluate data
- Reviewed yearly
- Reevaluated every 3 years
NOT by themselves covered
- Homeless or transient
- ESL
- Poverty
- Divorce or death of family member
- Military deployment
- Lack of motivation
- Attendance problems
- Must be supported by evaluation data
- Must be clear and specific
- Must be used regularly in classroom instruction
Eligibility Requirements
Some specific circumstances that could trigger a referral for evaluation:
- Student has an impairment of any kind
- Parent requests an evaluation or a 504 plan
- Student transfers from another district with a plan
- Student needs accommodations to access the curriculum
- Administrators are considering suspension or expulsion
- Academic performance is lower than expected
504s vs. IEPs
Eligibility, cont.
- Extended time
- Separate setting
- Multiple test sessions
- Read aloud
- Mark in book
- Preferential seating
- Other
- Student is evaluated for IEP and found ineligible
- Student exhibits a chronic medical problem, including allergies
- Student is chronically absent because of medical or health issues
- Student receives medication on school grounds
- Student is currently receiving informal accommodations in the classroom
Students with IHPs who need medical accommodations
The 1973 Rehabilitation Act:
Section 504
- Can a student have a 504 and an IEP?
No.
- Can a 504 substitute for an IEP?
No.
- Ex: diabetes, asthma, allergies
- If student has physical disability and has IHP, 504 plan should immediately be written if parent requests it
- Evaluate students with medical needs for Section 504 services
Mitigating Measures
Under Section 504, a person is considered to have a disability if that person (29 U.S.C. Sec. 706 (8)):
(1) has physical or mental impairment which substantially limits one or more such person’s major life activities or bodily functions
(2) has a record of such impairment, or
(3) is regarded as having such an impairment.
- Prescribed medication
- The corrective effects of mitigating measures cannot be considered in determining whether or not a person is disabled
- Exception: glasses or contacts
Extracurricular and Non-Academic Services
Physical or Mental Impairment
Under Section 504:
504 Eligible Students who need no accommodations:
- a. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitor-urinary; hemic and lymphatic; skin and endocrine; or
- b. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities
"Equal Opportunity for Participation" in:
- Clubs
- Recess
- Lunch
- Field Trips
- Athletics
Reasonable accommodation to rules, policies, or practices
Major Life Activities
- Impairments in Remission
- Ex: Cancer
- Must conduct Yearly Reviews on these students
“Section 504 does not require a public school to provide students with disabilities with potential-maximizing education, only reasonable accommodations that give those students the same access to the benefit of a public education as all other students.” J.D. by J.D. v. Pawlet School Dist., 33 IDELR 24 (2nd Cir. 2000). A Section 504 Plan does not guarantee success but instead guarantees an equal opportunity for success.
- Caring for oneself
- Manual tasks
- Walking, seeing, hearing, etc.
Major Bodily Functions
- Immune system
- Bladder function
- Brain function, etc.
Final Points for Teachers
- Participate in development of the plan
- Request a review meeting if plan is no longer appropriate
- Implement the 504 plan - failure can cause school district to be in noncompliance with Section 504
- Keep copy of plan's accommodations on file
- Be sure your sub plans include 504 or IEP accommodations for eligible students