Jefferson County Schools 2012 Section 504 Mandy Schneitman, Director of Student Support Services
History of Laws
• 1964 – Civil Rights Act
• 1965- Elementary & Secondary Educ. Act
• 1972- Title IX
• 1973- Section 504 of 1973 Rehab. Act
• 1976- P.L. 94-142 – Handicapped Children
• 1990 – Americans with Disabilities Act
• 2008 – ADA Amended
Goal
• To level the playing field
• Not to treat everyone equally
• Applies to all entities that receive federal funding
•Prohibit discrimination of any program on the basis of any disability
•Provide appropriate educational services to the same extent as needs of non-disabled
Purpose
Revisions of Section 504
• Due to the Amended “America with Disabilities Act” of 2008
• Affects the meaning of “disability” as defined in Section 504
• The Amendment Act broadens the interpretation of “disability”
Comparisons
Title II and Americans with Disabilities Act
IDEA Section 504
Facilities
accessible
Curriculum accessible
Programs or activities
accessible
IDEA and 504 One way to meet Section 504 requirements for
FAPE is to implement an IEP
• IDEA• FAPE• Eligibility – adversly
affects• All IDEA protected under
504• Compliance for IDEA
satisfies compliance for 504• Procedural safeguards• List of disabling conditions
• 504• FAPE• Eligibility – substantial
limitation• Some 5may also be IDEA
• NO funding
• Procedural Safeguards• Broader eligibility
IDEA and 504 One way to meet Section 504 requirements for
FAPE is to implement an IEP
• IDEA• Stay put - no• Services if eligible• Suspensions over 10 days
requires services• Re-evaluations every 3
years• IEP must include all
needed accommodations (no additional 504 Plan)
• 504• Stay-put – yes until
decision• Can be eligible for 504 but
have no services• No services while
suspended or expelled• District determines re-
evaluation procedures• 504 Plan cannot substitute
for an IEP
Where do services take place?
• Regular classroom
• Regular classroom with supplemental services
• Special education setting and related services
Programs?Any School Sanctioned Activity
• Instructional• Support• Field trip• Athletics• Banquets
• Class Party• Extracurricular
activity• Parent meeting• Adult education
Who Enforces?
• OCR has administrative authority to enforce Section 504
• Voluntary compliance through negotiation • Corrective action agreement• May terminate “financial assistance”
federal funding• Refer to Dept. of Justice for judicial
proceedings
Eligibility = 3 prongs
• Physical or mental impairment
• Substantially limits
• One or more major life activities
Physical or Mental Impairment
• Physiological disorder• Cosmetic disfigurement• Anatomical loss affecting body systems
(ex – speech, digestive, neurological, respiratory)• Mental or psychological disorders• Emotional or mental illness• SLD• Episodic (cancer, epilepsy, hypertension, MS,
asthma, diabetes, major depression, bipolar, severe allergies) these may trigger consideration
Cultural, Environmental & Economic Factors
Not by themselves covered by definition
•Homeless or migrant or transient
•ESL or poverty
•Divorce or death of family member
•Military deployments of family
•Lack of motivation or attendance problems
Major Life Activities
• Caring for one’s self• Performing manual tasks• Walking• Seeing• Breathing• Learning• Working• Eating, Sleeping, Standing, Lifting, Bending• Reading, Concentrating, Thinking, Communicating –
all added from Amended Act
Major Bodily Functions that are Major Life Activities under Amended Act
• Immune system• Normal cell growth• Digestive• Bowel• Bladder• Brain• Circulatory• Endocrine• Reproductive
Substantial
• Consider the nature and severity of the impairment
• Consider the duration or expected duration
• Consider the permanent or long range impact
Assessment
• By committee of persons knowledgeable about the student
• Assess from a variety of sources, not just one: aptitude, achievement, teacher recommendations, physical condition, social and cultural background, adaptive behavior
• Decision made by school team, parents may agree or disagree
Any automatic qualifications?• No, an impairment does not necessarily mean a
disability ; it must substantially limit one or more major life activities
• A medical diagnosis may be considered as one of the sources in the evaluation
• An illness must cause a substantial limitation in the child’s ability to learn or other major life activity
• No specific disease or disability automatically qualifies but… many will qualify by nature of impairment (bipolar, autisim)
Mitigating Measures
• Cannot consider mitigating measures for eligibility (health care plan, meds, assistive tech.)
• The requirement to screen out mitigating measures only applies to the first step of eligibility
• Mitigating measures could be used as relevant to determining special education or related services needs.
Other requirements
• Parent permission to evaluate, parental safeguards
• Re-evaluation is required including prior to a change of placement, termination or significantly reducing services
• A manifestation determination is required prior to disciplinary change of placement
Special Considerations• Students actively using illegal drugs are
excluded form eligibility on that basis.
• Students actively using alcohol are NOT excluded from eligibility on that basis.
• Former illegal drug users who have completed a drug rehab program ARE protected under Section 504
• ALL children infected with HIV are eligible regardless of being symptomatic.
Not Covered Under Section 504
• Slow learners
• Non-English Proficient
• LGBT
• Affected by environment, cultural, economic disadvantage
Teachers
• Participate in the development of the student’s Service Plan.
• Request a meeting to review the plan if it is no longer is appropriate.
• Implement the provisions of Section 504 plans• Failure can cause the school district to be in
noncompliance with Section 504• Ask for a copy of the plan’s accommodations to keep on
file• Be sure your substitute teacher plans includes 504 or IEP
accommodations for eligible students
Referrals
Notify your counselor or principal to refer a student who is:
•Under health care plans
•Students needing long-term academic or behavioral interventions
•Chronic absentism
•Impairment suspected
Bullying and Discrimination
• Districts must investigate when they learn a student may have been bullied because of his / her disability.
• This is true even when the person reporting the harassment gives no indication that it was disability-related
• A “Parental Complaint Grievance Form” is posted on the JCS website under the parent tab.