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Minnesota Department of Education's Section 504 Policy

By: Erin Rekedal

Narrative

I connect to the policy or Section 504 for four reasons:

1) I had a 504 Plan, myself

2) My education at Minnesota State University Moorhead

3) The prevalence of disabilities in schools

4) Experience in my Embed 1 Practicum experience

My 504 Plan

Reason 1

I had a 504 Plan in middle and high school

but did not know much about it, such as the process of getting and implementing a 504 Plan. I only knew the way it helped me as a student.

I received a 504 due to a doctor diagnosis of ADD. I also have epilepsy and a daily prescription medication for it that slows down my brain processes. Because of these reasons, I received extended time on tests.

The Questions

The Subsequent Questions

Who is eligible?

What is the process for implementing a 504 Plan?

What does a 504 Plan mean for my students?

What possible accommodations are there?

My Experience of Teacher Education at MSUM

Reason 2

I attend Minnesota State University Moorhead and am enrolled in the wonderful Elementary Inclusive Education Program. The 'inclusive' part of the title of my major due to the extra education we receive relating to special education. I was required to take one special education course before applying to the teaching program and most education professors do their best to incorporate special education aspects into their courses, and do very well.

I am thankful for the opportunity I have had at MSUM to work hard at getting an education In Elementary Inclusive Education and how it is preparing me as a teacher, but one thing has been missing. Though my special education course educated me well on IDEA, I do not know much about Section 504. I am excited to learn more about it through this project.

The Question

The Subsequent Question

What can I learn about Section 504 that will help me as a future educator?

Disability Prevalence

Reason 3

  • I have been told by current elementary teachers and professors that the numbers of students in need of accommodations through IEPs (Individualized Education Plans) and 504 Plans are very high.

  • The 504 Plan covers different disabilities and different information than an IEP, so I would like to learn more about the difference between those two.

The Question

The Subsequent Question

What is the difference between an IEP and 504 Plan?

My Practicum Experience

Reason 4

I am excited to analyze this policy is because of my experience in my classroom practicum in Embed 1.

My cooperating teacher told me that only one of the twelve students in her class had an IEP, but I am curious about how many, if any, have 504 Plans due to behavioral disorders and ADHD

4 students have behavioral disorders

2 students have ADHD

The Questions

The Subsequent Questions

Can students receive 504 Plans if they have behavioral disorders?

Can students receive 504 Plans if they have ADHD?

What kind of accommodations can students receive through Section 504?

Context of

Section 504 of the Rehabilitation Act of 1973 and Minnesota Department of Education's Section 504 Policy

Context

Minnesota Department of Education's Section 504 Policy

What is it?

Section 504 is part of the Rehabilitation Act of 1973, but I am focusing on Education Minnesota's Section 504, because this is what will impact me as a future teacher.

"Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. Part 104) is a federal civil rights statute that assures individuals will not be discriminated against based on their disability. All school districts that receive federal funding are responsible for the implementation of this law" (Section 504, n.d.).

"Section 504 protects a student with an impairment that substantially limits one or more major life activities, whether the student receives special education services or not" (Section 504, n.d.).

The Policy

Examples of physical or mental impairments that can be under Section 504:

Examples of physical or mental impairments that can be under Section 504

Epilepsy, AIDS, allergies, vision impairment, broken limbs, cancer, diabetes, asthma, temporary condition due to accidents or illness, ADD/ADHD, learning disabilities, autism, depression, intellectual disability, traumatic brain injury, and post-traumatic stress disorder (Section 504, n.d.).

Examples of major life activities that might be affected by a student's disability:

Examples of major life activities that might be affected by a student's disability:

"Learning, thinking, concentrating, reading, speaking, walking, breathing, sleeping, caring for oneself, as well as major bodily functions, including brain function, immune system function, or digestive functions. This is not an exhaustive list" (Section 504, n.d.).

1972

Mills v. Board of Education

The Washington D.C. School District was “required to provide equal access to a public education for all students with disabilities”, among other requirements relating to students with disabilities (Schraven & Jolly, 2010).

1977

1954-1968

Civil Rights Movement

The Civil Rights movements of the 50's and 60's, along with court cases regarding the rights and education of students with disabilities were impactful (Schraven & Jolly, 2010).

The Rehabilitation Act was truly implemnted (North, 1999).

History of the Rehabilitation Act of 1973 and Section 504

Rehabilitation Act of 1973

1952-1954

Brown v. Board of Education

This case and other civil rights cases during President Johnson's term began the movement for equal rights for people with disbabilities (Schraven & Jolly, 2010).

1990

Americans with Disabilities Act (ADA)

1971

PARC v. Commonwealth of Pennsylvania

President Carter signed The Rehabilitation Act into law in 1973 (Betz, 2001). It was the first law to protect the rights of people with disabilities (Schraven & Jolly, 2010).

This Act includes Section 504.

Expanded the protection from discriminating against those with disabilities from only federally funded locations and activities to private, state, and local government activities (U.S. Department of Education, 1992).

1990

Rehabilitation Act largely recognized

Previously there was more focus on IDEA (Individuals with Disabilities Educaiton Act) because of it’s more definitive rules (Schraven & Jolly, 2010).

Created a law that provided equal education to students with disabilities (Schraven & Jolly, 2010).

Timeline (cont.)

2016

Amendments to the ADA

Expanded who is eligible under Section 504 and how they are eligible. Specifically they “(1)expand[ed] the identified examples in major life activities—such as reading, concentration, manual tasks, eating, and bowl functions—and (2) require[ed] the determination of the ‘substantial’ criterion without mitigating measures, such as medication” (Zirkel, 2019).

History of the Rehabilitation Act of 1973 and Section 504

2008

Amendments to the ADA

The term ‘disability’ regarding Section 504 expanded from simply employees and other community members, to students receiving K-12 education (Zirkel, 2009). These amendments led to the 2016 amendments.

Who Does It Address in the Schools?

Who Does It Address in the Schools?

  • Students who need and receive accommodations in school.
  • Students deserve a Free Appropriate Public Education through Section 504.

-“appropriate”: “an education comparable to the education provided to those students who are not disabled” (deBettencourt, 2002).

  • Students who momentarily have a disability and need accommodations (deBettencourt, 2002), such as leaving a class early and getting to the next class late when they are using crutches for a temporary injury.
  • Students who do not qualify under the 13 disability categories of IDEA, who need accommodations

Other Information

Other Information

  • Although Section 504 was written into law in 1973, it wasn't paid much attention until almost 20 years later (Madaus & Shaw, 2006).
  • Out of the 44 special education directors questioned in a survey about a northeastern state’s school district, only 1 reported as having a Section 504 Policy written before 1990 (Madaus & Shaw, 2006).

Who is involved with Section 504?

A study by Madaus & Shaw (2006) shows ...

  • The most common personnel in charge of Section 504 in education is the general educator and special education director (Madaus & Shaw, 2006).
  • Special educators report having a lot of knowledge on Section 504, even though they are directly supposed to oversee IDEA, not Section 504 (Madaus & Shaw, 2006).
  • The need for 504 Plans in schools is continually increasing, so school personnel will be needing more formal education on Section 504, as many report that they do not know very much about this policy (Madaus & Shaw, 2006).

Who is Involved with Section 504?

Analysis of the Policy within Education

Analysis

People Involved in 504 Plans

There are many working parts of implementing 504 plans, including the district, teachers, parents, and students (North, 1999), as well as other personnel.

Each school district must have a 504 Coordinator and have procedures to solve complaints and identify students who are not receiving a FAPE (Free Appropriate Public Education), and then provide FAPE to every student (North, 1999).

As a future educator, this means to me that I will need to be good at collaborating with everyone in the school, because everyone in the school has the potential to interact with my students.

Who is in charge and directs Section 504?

District

The first step of creating a student's 504 Plan is the school district already have an implemented policy of their own. There is some confusion and discrpancies between schools and school districts of who should have more responsibility in delegating Section 504 in a school. Sometimes the responsibility is split between the special educator, special education director, school administrator, and the Section 504 coordinator. In other cases, one person has more responsibility than another, which is not neccessarily correct on the district's part.

As a future educator, this may mean for me to be more educated in Section 504, as well as informing my school of the responsibilities of others in creating 504 Plans, as well as being part of appointing/hiring a Section 504 Coordinator if my school does not already have one.

Special Educator and Special Education Director

Special Educator and Special Education Director

Most school personnel do not know a lot about who should be involved in creating a 504 Plan, so educators need to begin receiving an education in Section 504 (Madaus & Shaw, 2006).

In another article by Madaus and Shaw (2008), the authors report that although most school personel do not have much background on Section 504, a large portion of special educators in this study have had some education Section 504, though nothing compared to their education on IDEA (Shaw & Madaus, 2008).

A lot of responsibilty of creating 504 Plans is placed on special educators, when the responsibility should be spread out between the special educators, as well as other personnel. Other people in the schools are undereducated on Section 504, so this is sadly seen in too many schools. Special educators already have a lot on their plate, and Section 504 is not covered under IDDEA, which is what special educators are well versed in.

Section 504 Coordinator

Section 504 Coordinator

Each school district must have a 504 Coordinator and have procedures to solve complaints and identify students who are not receiving a FAPE (Free Appropriate Public Education), and then provide that to every student (North, 1999).

Parents & Students

Parents & Students

Parents are responsible for being involved in Section 504 meetings for their students and collaborate with the school (North, 1999). Students are responsible for attending Section 504 meetings when needed, be familiar with their rights regarding Section 504 post-high school, and give 100% effort in school (not abuse accommodations) (North, 1999).

As a future teacher, this means that I will need to be constantly communicating with parents how their student is doing, especially when their student may be or is involved with receiving a 504 Plan. I will also have to be aware or each student's capability and best effort in school to monitor students are not taking advantage of their accommodations.

Other Personnel

Some of these include school counselors, school psychologist, school social workers, school nurses, and nurses in the community clinics (Madaus & Shaw, 2006). Another person that may be involved is a physician (Conderman & Katsiyannis, 1995).

Other Personnel

Nurses

Nurses

Nurses are involved in making 504 Plans—school nurses and nurses from clinical settings in the community involved in the student’s life (Betz, 2001). Their diagnoses outside of school by medical personnel like nurses will be a cause for a nurse to be involved (Betz, 2001). Sometimes accommodations require school nurses, such as reminders for students to take their medication in the nurses office during a certain time of the day (Betz, 2001).

General Educators: My Role

General Educators: My Role

  • As a teacher I will need to be attentive to the accommodations I provide for my students.
  • I need to make sure they receive the accommodations on their 504 Plan in the classroom, on in-class tests, and standardized tests. One or the other is often forgotten or withheld from students despite their IEP or 504 Plan (Bottsford-Miller, Thurlow, Stout, & Quenemoen, 2006). When students receive accommodations in the classroom, but not on standardized tests, it can be inhibiting because there are different circumstances and expectations for each (Bottsford-Miller et al., 2006).
  • Some students without these plans receive accommodations when they are technically not permitted to, so that is another aspect to watch out for when providing accommodations (Bottsford-Miller et al., 2006).
  • I will also need to make sure I keep both Section 504 and IDEA in mind. According to Schraven & Jolly (2010), teachers often forget Section 504 because it is ambiguous, when they need to remember it because it covers a broader range of students than IDEA does through IEPs. There are only 13 categories of IDEA, so students who are not affected severely by one of these categories may not qualify, yet still need accommodations, which can be provided through Section 504 (Schraven & Jolly, 2010).

How it Affects Universities

How it Affects Universities

The article also reports that 69% of the preservice teachers and professionals in the study reported that they had no education or training on Section 504 (Shaw & Madaus). Though most universities provide a special education course including education on Section 504, it is not enough to prepare school and related professionals (Shaw & Madaus)

My Experience In Teacher Education

My Experience

I have noticed something similar in my education. I have received a lot of education on IDEA, but not nearly enough on Section 504. Through my research for this project, I believe I have learned a lot of what I will need to know on Section 504 when I become a professional educator.

Ambiguity

Ambiguity

  • The requirements for qualifying are vague so it has caused confusion on who qualifies for a 504 Plan.

In the general Section 504 policy in the Rehabilitation Act, the term “a major life activity” is ambiguous, so the ADA specified reading and speaking as part of learning, as well as concentrating (DuPaul & Zirkel, 2019).

  • It is also unclear about what disabilities are cause for a 504 Plan, but the detail Education Minnesota provides on its Section 504 policy gives examples that the community and schools should follow. The list of impairments they provide are epilepsy, AIDS, allergies, vision impairment, broken limbs, cancer, diabetes, asthma, temporary condition due to accidents or illness, ADD/ADHD, learning disabilities, autism, depression, intellectual disability, traumatic brain injury, and post-traumatic stress disorder” (Section).

ADHD

ADHD

I have always thought that students with ADHD and ADD do not get the right accommodations--if any--from what I have heard from other students.

I, myself, had accommodations through my 504 Plan for my ADD, but not all of my teachers respected them as much as they should have.

Based on this experience and hearing others’ experiences, I was surprised to hear that “approximately one quarter to one half of students with ADHD receive additional education services” (Spiel, Evans, & Langberg, 2014).

Students with ADHD qualify for 504 Plans because learning is a major life activity, but more specific to ADHD, ‘concentrating’ was added by the ADA, which is the activity ADHD affects (DuPaul & Zirkel, 2019).

Practice, Policy, Philosophy

Practice,

Policy, Philosophy

Practice

The policy relates to the practice of education. 504 Plans based on the Section 504 policy call for school personnel such as general education teachers like myself, to make accommodations in the classroom and school everyday. Though a student’s accommodations will be laid out specifically in their written 504 Plan, I will still need to figure out what that exactly looks like in my classroom setting. I may find something that works for a few months or a whole year for a student to be accommodated, but I may need to try something new everyday and will have to alter it slightly day to day. This is part of being an educator: changing my practice day to day, because that is what practice is—trying things over and over to get better.

An example of this would be with a student who has ADHD and has received a 504 Plan. They may daily be sitting at a desk or table near the front of the room to help them focus on the teacher and avoid distractions from students. This may be a good baseline, but some days they may need a folder that stands up to reduce distractions they can put up when they want during the day. If they are having a harder day where they cannot focus, they may have the option to sit in a cool down corner if they get upset to have sensory fidget toys for 10 minutes, depending on how they are feeling that day. I will be adapting my practice to prepare for what that student will need day-to-day and how that will affect their learning.

Practice

Policy

Policy

Though Section 504 has good intentions, according to Schraven & Jolly (2010), with NCLB (No Child Left Behind) and the high stakes testing that comes with it may cause schools to begin abusing Section 504. For example, for schools to raise test scores to get more funding, they may give students accommodations they do not need, which could lead to over-identification, and therefore segregation and civil rights violations (Schraven & Jolly, 2010).

Philosophy

Philosophy

My teaching philosophy is...

*That every student has the capacity to grow in a safe environment, intellectually, emotionally, and socially*

This policy informs my philosophy in that in order for all of my students to learn and succeed in growing, they may need accommodations and modifications through Section 504 or an IEP.

Annotated References

A list of annotated references can be found here:

https://docs.google.com/document/d/15qjq5dHajF9sxQ0ZnQrATFW_EZguzILQnAgAV7q5yy8/edit?usp=sharing

References

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