Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or Special Health Care Need 1.

Section 504 & the ADAAA: How Changes in the Law Impact Your Child with a Disability or

Special Health Care Need

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Legal Background

Section 504 & Public Schools Overview

504 Evaluation

504 Plan & Services

Procedural Safeguards

Training Agenda

Legal Background

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What is Section 504?

Part of the Rehabilitation Act of 1973, a national civil rights law

It prohibits discrimination on the basis of disability by any program or activity (including schools) that receive federal financial assistance

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“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.”

What Section 504 Says

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Both may provide services and protections to students with disabilities

All students found to be eligible under IDEA are also protected by Section 504, but not all students protected by Section 504 are eligible under IDEA

If a parent revokes consent for their child to receive special education services under IDEA, the student may still be eligible for a Section 504 plan and protections

*Individuals with Disabilities Education Act

Related Laws:IDEA* and Section 504

IDEA/504 Diagram

IDEA-eligible

students

504-eligible students

Students with disabilities

All Students

Section 504

IDEA

Funding? No Federal & State

Eligibility Determination

General disability definition

Disability categories & need for special education and related services

Evaluations Initial & “periodic” Initial & triannualFAPE Needs met as

adequately as those without disabilities

Individualized educational program from which child receives educational benefit

Plan 504 Plan IEP in writingEnforcement Office for Civil Rights State Education Agency

Side-by-Side Comparison

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ADAAA prohibits discrimination of people with disabilities by: All qualifying private employers (Title I) All state and local government programs, including the

public schools (Title II), and All places of public accommodation, including non-religiously

controlled colleges and universities and test agencies (Title III) Section 504 preceded enactment of ADAAA and has

generally been used as basis for disability discrimination protection in schools

Courts and Office for Civil Rights (OCR) indicate that schools should follow 504 regulations to comply with ADAAA Title II

Related Laws: Section 504 & Americans with Disabilities Act

Amendments Act (ADAAA) of 2008

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ADA Amendments Act of 2008 (ADAAA)

Requires that the definition of disability be interpreted broadly

The new definition of disability in the ADAAA must be used when determining Section 504 eligibility

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Does the student:

have a physical or mental impairment*

which substantially limits one or more major life

activities?

*or has a record of having an impairment or is regarded as having an impairment

Person with a Disability: ADAAA/504 Definition

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Any physiological condition that affects a bodily system, or any mental or psychological disorder

504/ADAAA Disability Definition Part 1:

Impairment

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More than material limitation but less than severe limitation (Look to condition, manner, duration)

Mitigating measures may not be considered (hearing aids, medication, etc.)

Includes substantially limiting impairments that may be episodic or go into remission (cancer, depression, etc.)

504/ADAAA Disability Definition Part 2:

Substantial Limitation

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504/ADAAA Disability Definition Part 3:

Major Life ActivitySection 504

Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working

Added by ADAAA Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating

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Additional Major Life Activities (Bodily Functions)

Brain Circulatory Endocrine Reproductive Neurological

Immune system Normal cell growth Digestive Bowel Bladder Respiratory

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Test Your Knowledge

1. What is the name of the law that includes Section 504?

2. What are the three parts of the definition of disability under Section 504?

Section 504 and Public Schools

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Intent of civil rights laws is to provide equal opportunity and prevent discrimination based on disability

Public schools must provide FAPE (free appropriate public education) to each qualified student with a disability

Section 504 and Public Schools

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Meets a student's individual needs as adequately as the needs of nondisabled students are met

Places students with their nondisabled peers to the maximum extent appropriate

Includes evaluation and placement procedures

Establishes due process procedures

504 & FAPE: What is an appropriate education?

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Overview: The 504 Process

Referral Evaluation Eligibility

Determination Development of

504 Plan Review Reevaluation

504 Evaluation

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Districts: Have “child find” obligation to evaluate students who they suspect may have a disability

Parents: May want to consider 504 evaluation if their child did not qualify for services under IDEA but has shown a pattern of not succeeding in the general education classroom or has a diagnosis and needs accommodations to fully participate in school activities

Evaluation Referral

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Does the student have a disability under Section 504?

If so, what are the student’s individual education needs?

Purpose of Evaluation

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The evaluation must:

Use valid tests conducted by trained personnel

Assess all areas of educational need

Accurately reflect achievement rather than disability

Be completed in a reasonable amount of time

Include process for periodic reevaluation

Section 504 Evaluation Requirements

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Medical diagnosis is not needed for Section 504 eligibility

If 504 placement team determines a diagnosis is required, the evaluation must be conducted at no cost to the parents

If a child does have a medical diagnosis, it does not automatically qualify the student for 504 services

Medical Diagnosis and 504

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Required:

“Periodically” (not defined in 504, may use IDEA timelines)

Before changing placement (includes education setting or significant change in service level)

Suspension of more than 10 days

Reevaluation

504 Plan & Services

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People who: are knowledgeable

about the student,

can interpret data, and

know the placement options

504 Team

Might Include: Principal Social Worker Counselor Psychologist Nurse Other School Staff Parent

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The team must consider all factors affecting a student’s ability to receive FAPE:

Evaluation data (aptitude and achievement tests)

Teacher recommendations

Physical condition

Child’s social & cultural background

Adaptive behavior

Other sources of information (parents, doctors, etc.)

Determining 504 Eligibility & Services

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504 Plan

Plan describes all services and accommodations to be provided to meet student’s individual needs

Written plan is not required, but is considered good practice and should be requested by parents

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Regular classes Regular classes with supplemental

services Special education and related

services

Types of Educational Settings

Students must be placed in regular classrooms to the maximum extent

appropriate

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Examples include accommodations and modifications such as:

Removal of physical barriers

Extended time for testing

Adjustment of class schedule

Rest periods

Use of aids (calculators, recorders, notetakers, modified textbooks, etc.)

Individualized homework assignments

Types of Supplemental Services

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Physical therapy

Counseling, psychological, or social work services

Assistive technology

Speech & language services

Occupational therapy

Medical Services

Staff training

Types of Related Services

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Section 504 also prohibits discrimination against students with disabilities in non-academic settings:

Before and after-school programs Field trips Extracurricular activities & athletics Career/guidance services Transportation

Non-Academic Services

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What are the six steps in the 504 process, beginning with “referral”?

Who are potential members of a Section 504 team?

What is the timeline for completing a Section 504 evaluation?

Test Your Knowledge

Procedural Safeguards

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Notice Records review by parent or

guardian Due process -- impartial hearing

with participation by parent and counsel

A review procedure

Procedural Safeguards

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School Districts must: Establish grievance procedures for resolving

complaints Designate a 504 Coordinator to ensure

compliance Inform parents and students about the

grievance process

504 Coordinator and Grievance Procedures

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U.S. Department of Education Office for Civil Rights complaint (must be filed within 180 days)

Legal action in Federal Court

Additional Dispute Resolution Options

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Districts may not retaliate against individuals for: asserting rights under 504/Title II opposing disability discrimination participating in a complaint process or

hearing

No Retaliation

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What are the four types of procedural safeguards under Section 504?

Test Your Knowledge

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Section 504 & Public Schools Review: Interactive Activities

Section 504 & IDEA Scenarios

Sample 504 Plans

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Section 504 & IDEA Scenarios

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Sample 504 Accommodations & Services

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Extra time to complete work

Strategies for staying on task

Reduced assignment length

Two sets of books

Supervision on outings

Quiet room for tests

Supervision of medication administration

Child with ADHD

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Private space and time to monitor glucose levels

Ability to eat snacks when needed

Opportunity to make up work missed due to illness

Health plan that includes training staff to administer insulin shots at school or on field trips

Child with Diabetes

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Development of emergency health plan

Lunch table free from allergen (e.g. “peanut free zone”)

Ability to store safe snacks at school for special occasions

Supervision of administration of medication

Child with Severe Food Allergies

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Notetaker for class lectures

Shortened homework assignments

Assistive technology such as audio textbooks

Extended time for tests

Child with Learning Disabilities

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Extended time for tests

Supervision of administration of medication

Time for appointments with counselors/others

Modified schedule

Ability to take breaks in quiet setting

Child with Anxiety Disorder

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Modified schedule

Movement plan to avoid stiffness

Assistance with carrying (books, lunch tray, band instruments, etc.)

Assistive technology or notetaker

Medication assistance

Child with Arthritis

Resources

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ADA Amendments Act of 2008 Section 504, Title II, and Students with Disabilitie

s in Public Schools (OCR)

Section 504 of the Rehabilitation Act of 1973 Regulations

IDEA/504 & ADAA Workshop (SPAN) Free

Appropriate Public Education for Students with Disabilities: Requirements under Section 504 of the Rehabilitation Act of 1973 (OCR)

References

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OCR Complaint Processing Procedures Frequently Asked Questions About Section 504 a

nd the Education of Children with Disabilities (OCR)

Americans with Disabilities Act Questions and Answers (EEOC)

Section 504 and Students with Disabilities (WI FACETS)

References, cont.

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http://www2.ed.gov/about/offices/list/ocr/index.html

National OCR Headquarters: 800-421-3481

Find your regional OCR office (also listed on next slide): http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm

Complaint Information:http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html

Office for Civil Rights

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Boston Office (CT, ME, MA, NH, RI, VT)(617) 289-0111

Chicago Office (IL, IN, IA, MN, ND, WI)(312) 730-1560

New York Office (NJ, NY, PR, VI)(646) 428-3800

Cleveland Office (MI, OH)Telephone: (216) 522-4970

Philadelphia Office (DE, MD, KY, PA, WV)(215) 656-8541

Kansas City Office (KS, MO, NE, OK, SD)(816) 268-0550

Atlanta Office (AL, FL, GA, TN)(404) 974-9406

Denver Office (AZ, CO, NM, UT, WY)(303) 844-5695

Dallas Office (AR, LA, MS, TX)(214) 661-9600

San Francisco Office (CA)(415) 486-5555

District of Columbia Office (NC, SC, VA, DC)(202) 453-6020

Seattle Office (AK, AS, GU, HI, ID, MT, NV, OR, WA, MP)(206) 607-1600

OCR – Regional Officeshttp://www2.ed.gov/about/offices/list/ocr/addresses.html