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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

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