Demystifying the School Counselor’s Role on the 504 Team American School Counseling Association...

Demystifying the School Counselor’s Role on the 504 Team

American School Counseling AssociationJune 25, 2007

Dawn Romano, Ph.D., LPCS

Assistant Professor/Coordinator of Counselors-UNO Charter Schools

Department of Educational Leadership, Counseling, and Foundations

University of New Orleans

2000 Lakeshore Dr.

New Orleans, Louisiana 70048

504-280-6661

[email protected]

School Counselors’ Role

ASCA emphasizes that school counselors should address the needs of and serves as advocates for all students (ASCA National Model, 2003).

The ASCA Position Statement (2004) stipulates that school counselors should serve on the multidisciplinary team.

The Education Trust Initiative (2007) maintains that school counselors should be a part of the accountability system as they are in the best position to identify systemic barriers that hinder academic success for all students.

CACREP (2005) standards specify that school counselors should have training in equity issues and barriers that block academic, career, and personal/social success.

Overview

15% of the U.S. population has some form of learning disability.

80% of students with learning disabilities have reading problems.

Learning disabilities often run in families. Learning disabilities should not be confused with

mental retardation, autism, deafness, etc. Attention Deficit Disorder and learning disabilities

often occur at the same time, but they are two different disorders.

(http://www.ldonline.org/ldbasics/whatisld)

Types of Learning Disabilities

Dyslexia – language based disability that causes difficulty in reading.

Dysgraphia - a writing disability in which an individual has difficulty forming letters or writing within a defined space.

Dyscalculia – Math disability resulting in difficulty grasping math concepts.

Auditory and visual processing disorders – sensory disability in which a person has difficulty understanding language in spite of normal hearing and vision.

Non-verbal learning disorder – a neurological disorder originating in the right side of the brain. Causes difficulty with visual-spatial, intuitive, organizational, evaluative, and holistic processing.

(http://www.ldonline.org/ldbasics/whatisld)

Disproportionate Identification in Special Ed Programs

A new provision under IDEA requires schools to collect data on the number of students receiving special education services by ethnicity and race for each disability category.

If states show a disproportional number of minority students in special ed programs, they must do an analysis to determine the cause.

The reason for identification cannot be a lack of instruction in reading or math.

The reason for identification cannot be limits in English proficiency.

http://www.eric.ed.gov/ERICDocs/data/ericdocs2/content_storage_01/0000000b/80/27/8e/8f.pdf

Over-Representation of African American Students in Special Education

Office of Special Ed. Programs’ (OSEP) Annual Report to Congress on the Implementation of IDEA, -1998-1999, African American students:

Represent 14.8% of the population but, 20% of the special ed population.

2.9 times as likely to be labeled mentally retarded. 1.9 times as likely to be labeled emotionally disturbed. 1.3 times as likely to be labeled as having a learning

disability. Were less likely to be returned to the regular classroom. More likely to receive services which do not meet their

needs. More likely to be misclassified or inappropriately labeled.

http://www.eric.ed.gov/ERICDocs/data/ericdocs2/content_storage_01/0000000b/80/27/8e/8f.pdf

Federal Mandates

Americans with Disabilities Act

Telecommunications Act

Individuals with Disabilities Education Act

Rehabilitation Act

Fair Housing Act

Civil Rights of Institutionalized Persons Act

National Voter Registration Act

Voting Accessibility for the Elderly and Handicapped Act

Air Carrier Access Act

Architectural Barriers Act

Section 504

Americans with Disabilities Act

“The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.”

“To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.”

Guide to Disability Rights Laws available online at http://www.usdoj.gov/crt/ada/cguide.htm

Individuals with Disabilities Education Act

“The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.”

“IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.”

“IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion.”

“If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court.”


Rehabilitation Act “The Rehabilitation Act prohibits discrimination on the basis of disability

in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.”

Section 501 – Federal Agencies of the Executive Branch Section 503 – Federal Government Contractors Section 504 – Programs Receiving Federal Financial

Assistance Section 508 – Technology used by Federal Government


Section 504 of the Rehabilitation Act

“Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.”

“Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.”


Difference Between IDEA and 504

Section 504 is a civil rights statue; IDEA is a federal programmatic statue.

IDEA receives federal funds. Section 504 does not receive federal funds.

All students who qualify for IDEA are automatically covered under Section 504.

Some students do not qualify for IDEA but do qualify for Section 504.

Students who qualify only for Section 504 receive accommodations in the regular classroom.

IDEA Eligibility The child must meet the criteria for one of 13 categories:

1. Autism2. Specific Learning Disability3. Speech or Language impairments4. Emotional Disturbance5. Traumatic Brain Injury6. Visual Impairment7. Hearing Impairment8. Deafness9. Mental Retardation10. Deaf-Blindness11. Multiple Disabilities12. Orthopedic Impairment13. Other Health Impaired

Section 504 Eligibility

The child must have an identified physical or mental condition that substantially limits a major life activity.

1. Walking

2. Seeing

3. Hearing

4. Speaking

5. Breathing

6. Learning

7. Working

8. Caring for Oneself.

Evaluations - IDEA

Comprehensive evaluation Requires informed and written consent Reevaluation if

conditions warrant, or request from child’ parent or teacher, or once every three years.

If parents disagree with first evaluation, the district must pay expense for independent evaluation.

Reevaluation not required for significant change in placement.

Guide to Disability Rights Laws available online at http://www.usdoj.gov/crt/ada/cguide.htm#anchor66477

Evaluations - 504

Information drawn from a variety of sources. Decision made by knowledgeable team. Requires notice of parents, not consent. Periodic reevaluation required School is not required to pay for independent

evaluation. Reevaluation required before significant change in

placement. Parents must be given the Guidebook of Procedural

Safeguards Notice – scroll to Part B after accessing link

http://idea.ed.gov/download/modelform-compendium.doc

Nuts and Bolts of the “504 Team” The Multidisciplinary Team –

Composed of persons with specific knowledge of ADA, Section 504, and IDEA. May include: an administrator, teacher, counselor, special ed teacher, resource teacher, psychologist, ed diagnostician, etc.

Identifies special needs students. Determines students’ eligibility for services. Develops students’ accommodation plans. Implements and monitors accommodation plans. Determines changes in accommodation plans.

504 Multidisciplinary Team Handbook and Forms –http://www.northstar.k12.ak.us/index.php?

&i_page=466&i_docView=1471&a_action=view&m_module=document Parent Advocacy Brief from the National Center for Learning

Disabilities. http://www.eric.ed.gov/ERICDocs/data/ericdocs2/content_storage_01/0000000b/80/2f/73/62.pdf

Ways that a School Counselor Can Help

Request from teachers a list of students who are struggling academically.

Check to see if these students are 504 or IDEA. Consult with teacher to gather student profile information

(standardized scores, report card scores, discipline record, emotional functioning, social functioning, etc.)

Refer students to 504 committee. Monitor student for behavioral problems, emotional problems, or

academic shut down. Meet with student’s parent or guardian. Meet with student. Make outside referral as needed. Educate parents and school personnel to the emotional risks of

students experiencing academic frustrations.

School Related Stress Most prevalent, untreated cause of academic failure in our

schools. Afflicts 6 – 10 million children a year. For every 25 students, 1-3 are at high risk for stress-related

problems which can interfere with learning. Achievement stress is called the “invisible disability”- usually

undetected and progressively gets worse. Untreated school stress can result in academic failure,

behavioral or emotional problems, drug abuse, health problems, and suicide.

Achievement stress can be a result of poor academic performance, or it can be the cause of poor academic performance.

Learning disabled students may be at particularly high risk for achievement stress.

Warning Signs of School Related Stress

Possible warning signs of school related stress (Rubenzer, 1988) . Sudden increase or decrease in school effort. Changes in attitude or temperament (apathy, irritability, carelessness, refusal to

attempt assignments or homework). Withdrawal or acting out, aggressiveness. Distracting behaviors (difficulty in concentrating, fidgeting, nervous tics,

compulsive behaviors, jumping from task to task, being prone to accidents, sighing).

Complaints of fatigue or illness. Change in sleeping patterns. Physical aches (headaches or stomachaches). Drug or alcohol use or abuse. Separation anxiety. Regressive behaviors. Crying. Refusal to go to school. Increase in allergic or asthmatic attacks. Avoidance of school or testing situations. Appetite change. Antisocial or disruptive behavior.

Causes of School Related Stress

Insensitivity of significant others who treat these children as if they choose not to perform when in fact they cannot perform at their ability level.

Self-concept confusion resulting from the gap between being able to keep up with the class in some areas such as oral discussions, group work, artistic and creative expression, athletics, and not being able to perform in other areas such as reading, writing, board work, standardized achievement tests.

Losing the security of a trusted teacher when the student is reassigned or promoted to another class.

Labels attached to these students by teachers, parents, and other students.

Resentment by the teacher or other students towards students receiving accommodations for a learning disorder.

Hesitancy to ask clarifying questions out of fear of criticism.

References

Addressing Over-Representation of African American Students in Special Education: The Prereferral

Intervention Process. An Administrator’s Guide. (2002) Council for Exceptional Children, Arlington, VA.

National Alliance of Black School Educators, Inc., Washington, DC. Eric Digest. (ERIC Document

Reproduction service No. ED 466051)

American School Counselor Association. (2004). Position statements: Special-needs students. [On-line].

Available:http://www.schoolcounselor.org/content.asp?contentid=218

American School Counselor Association. (2003). The ASCA national Model: A framework for counseling

programs. Alexandria, VA: Author:

Americans with Disabilities Act of 1990, 42 U.S.C. [section] 12101et seq. A Guide to Disabilities Rights Laws.

[On-line]. Available:http://www.usdoj.gov/crt/ada/cguide.htm#anchor66477

References con’t

Council for Accreditation of Counseling and related Educational Programs. (2001). The 2001 Standards. [On-line]. Available:

www.cacrep.org/2001standards.html#3

Education Trust. (2007). Home page. [On-line]. Available: http://www2.edtrust.org/EdTrust/Transforming+School+Counseling/

Fairbanks North Star Borough School District. 504 Handbook. [On-line]. Available: http://www.northstar.k12.ak.us/index.php?

&i_page=466&i_docView=1471&a_action=view&m_module=document

LD Online. What is a Learning Disability. [On-line]. Available: (http://www.ldonline.org/ldbasics/whatisld)

National Center for Learning Disabilities. A Parent Advocacy Brief. No Child Left Behind: Determining Appropriate Assessment

Accommodations for Students with Disabilities. [On-line]. Available:

http://www.eric.ed.gov/ERICDocs/data/ericdocs2/content_storage_01/0000000b/80/2f/73/62.pdf

Rubenzer, Ronald L. (1988). Stress Management and the Learning Disabled. Eric Document Reproduction Service, ED295396

Sample Classroom Accommodations

Preferential seating Homework buddy to check that assignments are written down and

correct books are packed. Allow extra time for going to lockers and packing books Allow daily schedules to be taped on desktops, inside lockers, on the

front of binders, etc. Color code daily schedules, notebooks, textbook covers, and folders Have assignment pad checked by teacher and initialed before child

leaves for the day. Have parent check homework and initial assignment pad before child returns the next day.

Provide two sets of books: one to be kept at home, and one to be left at school.

Reduce written work. Reduce homework load. Do not ask student to rewrite assignments because of messy

handwriting.

Sample Classroom Accommodations con’t For children with dysgraphia, allow parent to write what child dictates as

homework answers. (Children with poor fine motor skills can burn out easily if written homework takes two or three times as long as it does for others).

Allow children with dysgraphia or dyslexia to answer on a computer, orally, or into a tape recorder.

Do not take points off for spelling in non-content areas. (what does the test measure? Content or spelling ability?)

Reduce the number of spelling words or divide the tests into two sections and give one section each day.

Allow children to reduce workloads by answering every other question. Allow students with writing difficulties to answer grammar tests by

making corrections on the printed sentences rather than re-writing the entire sentence.

Do not require students to copy the questions from the textbook before writing the answers.

Sample Classroom Accommodations con’t Allow students to repeat definitions into a tape recorder for homework

rather than copying from the book. Children with dyslexia have a difficult time finding their place when looking from book to notebook and back again. Definitions are likely to be an incorrect combination of more than one definition.

Whenever possible, use multi-sensory teaching methods. Avoid memorization-only tests. Allow the use of print or cursive Allow the use of personal laptops in class. Do not give disciplinary consequences for organizational difficulties.

(failure to return a signed paper, losing a paper, bringing the wrong book to class)

Use non-verbal signals between teacher and student to refocus attention or redirect behavior.

Use verbal cues to direct students to important information: (“Here is the main point,” “Write this down in your notes.”)

Sample Classroom Accommodations con’t Give directions in short, clear sentences. Give only one direction at a time. Have student repeat directions in his/her own words. Orally read directions on tests. Give tests one page at a time. Monitor the child’s work and ask him/her to show the teacher partial work as he goes along.

“When you have done the first three, show them to me.” Break down the directions into a sequence of steps. Provide a class buddy to monitor student’s progress or explain directions. Be visual and auditory when giving directions. Analyze the errors in a child’s work to see where the breakdown occurred. Scan the child’s test paper to see that all questions were answered and the directions were

followed. Allow the child to return to seat and fill in any questions that were omitted. Have the child clean out his/her desk and school bag twice a week with the help of teacher

or assigned classroom buddy. Use direct contact whenever talking to the child. (Note: if the student seems uncomfortable

with eye to eye contact, do not require it).

Sample Classroom Accommodations con’t Check the child’s work frequently. Have the child do a shortened version of class projects. Use graph paper for math. This helps students to line up the numbers. Use paper with raised lines for children with handwriting difficulties. Paper can be ordered

from companies such as: www.apocketfulloftherapy.com Have tests read to the child by the teacher or another student. Stand by the child’s desk as often as possible when talking to the whole class. Allow child to use a pencil holder. Allow the child to use an agreed upon fidget item that does not make noise. (Soft sand ball,

smooth rock). Allow the child to doodle on a separate sheet of paper. Trust the child with a responsible job, such as watering the plants or opening the windows.

(This can raise self-esteem).

These strategies are only suggestions. Each student is an individual and as such requires a sampling of the strategies that best meets his/her needs. In many cases the strategies can be used on an as-needed basis. Some of these strategies are more “teacher friendly” than others. Each teacher should work with the student and the student’s parent or guardian to select those strategies on which everyone can agree. Once chosen, strategies can be modified to suit the progress of the student. This is not a comprehensive list. Teachers can implement whatever strategy they feel levels the playing field for the student and gives the student the best opportunity to learn.

Sample Model of a 504 Program

Step 1

Student demonstrates need:

low grades f. gaps in ability incomplete assignments g. withdrawn behavior incomplete homework h. acting out behavior falling behind class academically i. social difficulties falling behind class developmentally j. etc.

Step 2

Teacher identifies need.


Step 3

Teacher implements classroom strategies:

allow extra time h. give tests one page at a time provide extra help i. divide tests over two days preferential seating j. reduce class work and

homework give directions one at a time k. provide oral tests have student repeat directions l. assign homework buddy scan test papers for omissions m. read tests to child provide copy of notes n. etc.

Step 4

Teacher refers student to multidisciplinary team.


Step 5

Team meeting to assess student eligibility for services

Teacher brings copies of report card, class work, standardized test scores, anecdotal observations, any documents or evaluations, parent correspondence, record of parent phone/school conferences.

Step 6

Team develops 504 accommodation plan.

Step 7

Parent meets with multidisciplinary team and authorizes 504 accommodation plan.


Step 8

Copy of plan is sent to all of the student’s teachers (including ancillary teachers).

Step 9

Team monitors plans’ implementation and student’s progress. Parents receive regular updates.

Step 10

Plan follows student to the next grade or is sent to new school.

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