Section 504
description
Transcript of Section 504
Division of Special Education and Educational ServicesMiami-Dade County Public Schools
School Board of Miami-Dade County Section 2260.01
No otherwise qualified individual with a disability in the United States, as defined in Section 705(20) of this title, shall, solely by reason of her of 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 Rehabilitation Act of 1973 defines a person with disabilities as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having an impairment.
A parent, teacher, or other member of the school staff may raise a concern about a student’s unique need for special help and request a meeting to consider whether the student has such a disability.
If the team determines that the student does have such a disability, they will then identify what types of support, or accommodations, are appropriate to meet the student’s needs and write a 504 Plan
IDEA SECTION 504TYPE OF LEGISLATION Funding Act Civil Rights ActORIGINAL PASSAGE 1975 1973CO VERAGE Students PK-12 PK-Post SecondaryFAPE Yes YesADMIN. AGENCY OSEP, SEAs OCR, EEOCELGIBILITY DEFINITION
2 Essential Elements:1.Listed class2.Need for Special Education
3 Essential Elements:1.Impairment2.Major Life Activity3.Substantial Limitation
Denying credit to a student whose excused absenteeism is related to his/her disabling condition.
Expelling a student and denying access for behavior caused by his/her disability.
Refusing to dispense medication to a student who could not attend school otherwise.
Disallowing participation in a science laboratory activity / class because the lab stations are not accessible.
Refusing to provide amplification for a student with a hearing impairment in a lecture hall despite an accommodation plan requiring additional amplification.
Prohibiting field trip participation.
Significant Changes to Section 504 Expansion of Major Life Activities Impairments that are episodic or in
remission New Mitigating Measure Rule
School Board of Miami-Dade County 2260.01 Students experiencing difficulty in the classroom
should initially be referred to the School Support Team.
The SST shall determine whether it is appropriate to refer the student for possible 504 services.
Students with obvious physical or health needs that require accommodations need not go through the SST process to be referred for Section 504 eligibility determination
Parent or teacher initiates a request A disability is suspected A student exhibits chronic health condition A student exhibits academic, learning, or
behavioral problems and traditional approaches have been ineffective
When a student exhibits a pattern of suspensions or expulsions
A student is evaluated but ineligible under IDEA (not an automatic consideration)
RtI exists for all students It is a Multi Tiered System of Supports RtI may identify the need for SPED when
there is both a *disability and the need for Specially Designed Instruction
504 is an entitlement that prevents discrimination (lack of access to education) for students who are considered disabled with limitation in a major life function.
*LD, EBD, LI
Intervention Should Not be Confused with Accommodation
Intervention Teaches, Remediates, and Reinforces Accommodation Removes Barriers to Accessing
Education and Need is Based on the Functional Relationship of the Disability Produced Barrier to Access
Example: ADHD Intervention- Self Monitoring with Positive
Reinforcement Accommodations- Teacher monitoring of agenda,
extended time for testing, guided notes SPED Usually Provides Both
Must include a team of staff knowledgeable about the student, the evaluation(s) and the accommodations
May include the following personnel: Parents General and Special Education Teachers Behavior Management Teachers School Counselors Administrators School Psychologists Staffing Specialists
OCR – Requires districts to obtain parental consent for initial evaluation
Evaluation must be sufficient to provide information to determine the existence of a disability
504 Team determines what data is necessary May require less complex data when making
decision for a temporary impairment If the 504 Team believes that the student with
a disability may need special education, a special education referral should be initiated
504 Team must draw from a variety of sources:▪ May include a formal assessment▪ District / State / Achievement Assessments▪ Report Card Grades▪ Teacher Observations▪ Classroom Performance / Portfolio▪ FAB / BIP▪ Medical Information▪ Adaptive Behavior▪ Other
Auditory Processing Disorder (APD) was formerly known as Central Auditory Processing Disorder (CAPD) Private Evaluations need to follow the district
review/referral process to determine eligibility criteria.
Eligibility for Section 504 should not be considered for APD prior to the review/referral process.
Contact your Educational Audiologist for details and a referral packet.
For Additional Information, refer to DOE TAP #10967
Section 504 eligibility should not be utilized as a means of obtaining FM-units or to receive Deaf/Hard-of-Hearing Itinerant Services. Students should be considered for eligibility under IDEA first.
RtI is not required for students referred for consideration for D/HH.
An Audiological Evaluation is not enough information on it’s own to determine a student eligible for services and/or an FM-unit.
When in doubt call the Deaf/HH Dept. at 305-274-3501
Prong 1 – Current Impairment Physical or Mental Impairment Temporary Impairments Impairments That Are Episodic Impairments That Are In Remission
Age and conditions resulting from cultural, environmental, or economic factors are not considered disabilities under Section 504
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:
Neurological Genito-Urinary Musculoskeletal Hemic / Lymphatic Special sense organs Skin Respiratory Endocrine Speech Organs Cardiovascular Digestive Lymphatic Reproductive
Any mental or psychological disorder
Mental Retardation Organic Brain Syndrome Emotional Illness Mental Illness Specific Learning Disabilities
A Temporary Impairment is an impairment with an actual or expected duration of 6 months or less
Students with Temporary Impairments are ineligible for the McKay Scholarship
Temporary Impairment must be indicated on a 504 Plan
An impairment that is episodic is a disability if it would substantially limit a major life activity when active.
Cannot deny eligibility simply because the disability may ebb and flow in severity. Allergies Asthma Migraines Cystic Fibrosis Auto-immune disorders Sickle-Cell
An impairment that is in remission is a disability if it would substantially limit a major life activity when active.
Requires the 504 Team to look back at the time when the impairment was not in remission rather than current data.
Cancer
MAJOR LIFE ACTIVITYSeeing Hearing WalkingBreathing Performing Manual
TasksLearning
Reading Thinking ConcentratingCommunicating Eating SleepingBowel Functions Bladder Functions* Digestive FunctionsSpeaking Working StandingLifting Bending EndocrineCirculatory Neurological Caring for Oneself
Condition, manner, or duration under which the average student of the same age / grade level in the general population can perform the same life activity
An impairment alone is not a disability Webster Definition of Substantial includes:
▪ Real, true, not imaginary ▪ Important, essential▪ Considerable in quantity▪ Significantly great
Mitigating Measures are services or things provided to the student or used by the student to decrease the impact of the impairment. Substantial limitation must be determined
without regard to the ameliorative effects of mitigating measures
Must screen out the positive impact of mitigating measures
Decisions shall be made without regard to the ameliorative effects of mitigating measures :▪ Medication Hearing Aids▪ Cochlear Implants Mobility Devices▪ Prosthetics Assistive Technology▪ Oxygen Equipment▪ Assistive Technology▪ Low Vision Devices (except
eyeglasses/contact lenses)▪ Reasonable Accommodations
Individuals with a history or record of a physical or mental impairment that substantially limits one or more the individuals major life activities are also protected from discrimination under Section 504 May create eligibility for students who have no
need for accommodation plans Students staffed out of special education
should be reviewed for 504 on a case-by-case basis
Regarded as having a physical or mental impairment when in fact such impairment may or may not actually exist are protected from discrimination under Section 504. Misclassification HIV LEP Participation in extracurricular, sporting events
Prongs 2 and 3 are protected under 504 even though they are not individuals with a current substantial disability for which accommodations may be necessary and therefore would not require a 504 Accommodation Plan.
Student does not have to demonstrate need for services to be Section 504 eligible. If the student developed a need at a later time, the
504 team would create an appropriate plan. Includes students whose current use of mitigating
measures meets his/her needs as adequately as a nondisabled student.
Section 504 eligible students without a 504 Plan still receive procedural safeguards, manifestation determination, periodic re-evaluation (as needed), and non-discriminatory practices.
Parental Procedural Safeguards Right to receive notice of identification, evaluation,
refusal, placement, denial, or significant changes Right to an evaluation if the district has reason to
believe that the child may have a mental or physical impairment that substantially limits learning or other major life activity
Right to examine all relevant records Right to an impartial hearing Right to appeal the final decision of the hearing officer
Provided to parents of 504 eligible students with or without an Accommodation Plan
Review Eligibility Document
Address the educational impact of the identified disability(ies) and major life activity(ies) Physical Environment Instructional Materials Instructional Methods Assignments / Home Learning Testing (may not be written for the sole purpose
of accommodations on standardized tests) Behavior
District Procedure - Complete 504 Accommodation Plans Annually Major Life Activity Review student progress Review delivery of services▪ Frequency▪ Outcome
Accommodations – Additions, deletions, revisions▪ Need for continuation must be based on
documentation
Related Services May Include Occupational Therapy Physical Therapy Nursing Services Classroom Assistance Transportation Medication Administration Counseling
A referral for an OT or PT evaluation must not always occur simultaneously with the development of an initial 504 Plan. Accommodations and strategies should be
implemented and monitored prior to a referral. Therapists require feedback and discussion
regarding a student’s response to his/her accommodations to determine the need for their services.
OT and PT are not mitigating measures.
Evaluations may take place over several days, through observations of the student in his/her natural environment, interviews with school staff, parents and other professionals, as well as specific assessments. The focus of the OT or PT evaluation is on the issue
or concern stated in Section 1 of the Request and Consent for PT/OT Evaluation (FM-6552).
The accommodations and strategies which are currently addressing these concerns, but may require OT or PT support, must be stated on FM - 6552 Section 2.
A completed evaluation is then forwarded to the Staffing Specialist who schedules a meeting with the parents and therapist(s). If the therapist has determined that OT or PT
support is needed, a recommended frequency of services is added to the 504 Plan
Therapists may provide suggestions and strategies to enhance the 504
A private OT or PT Evaluation, while providing valuable information, does not establish “eligibility” or a need for school-based services
Review 504 Accommodation Plan
Periodic Reevaluation – Does not require a comprehensive evaluation Before any significant change in placement▪ Expulsion or repeated suspensions which
exceed 10 days in school year▪ Manifestation Determination – FM 3918▪ May consider other strategies, interventions or
assessments▪ Change in delivery of education
At the request of the parent or school
Parents who have a disagreement involving Section 504 are entitled to the following grievance procedures Appeal
District Section 504 Compliance Officer1500 Biscayne Blvd., Suite 409Miami, FL 33132
Request Mediation or a HearingClerk of the Board1450 NE Second Avenue, Suite 268BMiami, FL 33132
Approved by Governor Scott Took effect on July 1, 2011 Adds eligibility provisions for students with 504
Accommodation Plans Students with 504 Plan written by the school
district may be eligible for a McKay Scholarship Students with temporary (6 months or less
duration) 504 Plans are ineligible Students will receive basic funding There is no Matrix of Services filed for 504 Plans Website www.floridaschoolchoice.org .
SPED –EMS Updates Temporary Plans▪ Error Check
Section 504 McKay Fact Sheet
SPED – EMS Coming Soon Eligible with no Accommodation Plan
Follow up Activity will be emailed to all attendees
Due date will be includedTimely completion is required to
receive Master Plan Points
Section 504 Coordinator
Mary A. PazInstructional Supervisor
SBAB Annex – [email protected] (305) 995-1816
504 Hotline (305) 995-2799