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Copy of Section 504

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Aimee Miculian

on 18 January 2013

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Transcript of Copy of Section 504

Section 504 What we
know Webinar
Highlights Where We
Stand Future
Considerations OCR Provide training for Guidance Staff regarding Section 504 topics at September In-Service Continue steps to improve coordination of services between Department of Special Services and General Education program The K-12 Guidance Department is currently participating in a collaborative writing and discussion project to make sure the same standard 504 forms and documents are used across buildings End-of-School Year Goal: Creation/Editing of clear, parent-friendly documents regarding Procedural Safeguards, 504 Q & A,Information Gathering Documents Already Completed: Standard Signature Sheets for Teachers highlighting knowledge of and responsibility to implement student's 504 Accomodation plan. Providing additional training for conducting 504 Accommodation plan meetings with parents Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "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 . . . ." The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. OCR Answers Questions What is a physical or mental impairment that substantially limits a major life activity? Are current illegal users of drugs excluded from protection under Section 504? Are current users of alcohol excluded from protection under Section 504? What is an appropriate evaluation under Section 504? How much is enough information to document that a student has a disability? What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504? Does OCR endorse a single formula or scale that measures substantial limitation? Are there any impairments which automatically mean that a student has a disability under Section 504? Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE? Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504? A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504? What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services? Must a recipient school district obtain parental consent prior to conducting an initial evaluation? What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans? Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"? If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504? Perry Zirkel explains:
There have been some changes, effective 1/1/2009 A Great Resource--from The Office of Civil Rights
http://www2.ed.gov/about/offices/list/ocr/504faq.html "Generally, yes...There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs." No. The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. No. An impairment in and of itself is not a disability. No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. Yes. Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP. At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). Regular education teachers must implement the provisions of Section 504 plans. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504. The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity. Parents' Perspective The list has expanded to include additional major life activities...

self-care
manual tasks
walking
seeing
hearing
speaking
breathing
standing
thinking
concentrating
reading
learning
sleeping
working
bending
communicating
reproducing
normal cell growth
immune system function
digestive function
bowel function
bladder function
neurological function
brain function
respiratory function
circulatory function
endocrine function Congress included the following non-exhaustive list for "mitigating measures." medication, medical supplies, equipment or appliances, low-vision devices (not ordinary eyeglasses or contact lenses), prosthetics, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies, use of assistive technology, reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications. If school districts choose to adopt a separate process for evaluating students under Section 504, they must follow certain requirements specified in the 504 regulatory provision.
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