Section 504 & Dyslexia Training

Esequiel Garcia Jr., Ed.D.

September 1, 2014

Agenda

Section 504 Definition

Program Eligibility

Substantial Limitation

Accommodation Plan

Yearly Evaluation

Section 504 Requirement

Dyslexia

District Numbers

Dyslexia Documentation

Process & Procedures

Section 504 Definition

Section 504 of the Rehabilitation Act of 1973

It is civil rights legislation for persons with disabilities, designed to prevent any form of discrimination based on disabilities. 

Eligibility

Who Is Disabled Under Section 504?

An eligible student is one with a physical or mental impairment that substantially limits learning or another major

life activity

Eligibility, Cont.

Section 504 Three Prong Approach To Eligibility:

Disability/Impairment is defined as a person who:Disability that substantially limits one or more major

life activitiesHas a record of an impairmentIs regarded as having an impairment

Substantial Limitation

Definition

The OCR has ruled that the phrase is to be defined by the loc.al educational agency, and not OCR.

Guidance from Americans Disability Act, ADA

What are the Factors for Determining Substantial Limitation?Consider the following questions:Is the impairment mild or severe?Does the impairment result in failure or the student's not

achieving near expected level?Does the Impairment Impact on a Major Life Activity? If so,

how and for how long?

Guidance from Americans Disability Act, ADA, Cont.

Will the impairment be of such short duration as to not cause significant problems?

Will the impairment cease impacting on the child without intervention?

Will the impairment be short or long in duration?If the impairment is of short duration, will it have a significant

impact without intervention?If the impairment will be long term, will the impact negatively

affect the child' s status, academically, socially, emotionally or behaviorally?

Accommodation Plan

Must a student under Section 504 have an Accommodation Plan?

o Plans shall not be developed unless needed.

o A plan is also developed in order for the student to have their needs met as adequately as those of nondisabled peers.

Role of Section 504

What is the Role of Section 504 in the Public Schools?Section 504 is a vehicle through which schools provide

necessary accommodations to students with disabilities that are not severe enough to qualify them for special education, but which nevertheless are substantially limiting their learning or other major life activities.

Yearly Evaluation

What Is An "Evaluation" Under Section 504?An evaluation under Section 504 is the collecting,

gathering, and interpreting of data from a variety of sources about the student's educational functioning.

Section 504 Requirement

What Does Section 504 Require of Schools?Provision of FAPE to eligible students (meaning evaluating

students, considering them for eligibility in the Section 504 committee process, developing individualized accommodation plans, implementing the plans, and engaging in periodic reviews),

Non-discrimination in non-academic and extracurricular programs and activities (the non-FAPE activities), and

Compliance with Section 504 procedural requirements (notice, access to relevant records, opportunity for impartial due process hearings, and a review process).

Dyslexia

How Does the Identification of Dyslexia Relate to the Protection of Section 504?Texas Legislature singled out dyslexia from other disabilities,

which created a special program and procedures for eligibility students. Assessment of a student for dyslexia triggers the protections of Section 504. Dyslexia program eligibility and placement is determined by a committee of knowledgeable people - a properly constituted 504 Committee.

Review of District Dyslexia CountGrades Dyslexi

aTotal

StudentsPercen

tLa Feria High School 12th 5 194 2.6%

  11th 6 191 3.1%  10th 11 264 4.1%  9th 18 251 7.2%

W.B. Green Jr. High School 8th 20 260 7.6%  7th 24 258 9.3%

N. Dominguez Elementary 6th 23 283 8.1%  5th 20 289 6.9%

C.E. Vail Elementary 4th 16 246 6.5%  3rd 7 254 2.7%

David G. Sanchez Elementary 2nd 6 265 2.2%  1st 2 257 1%

Sam Houston Elementary K 0 247 0%    158 3,259 4.8%

Review of District 504 Manual

Section 504 & Dyslexia Manual Review

1. Reference Chart, Program Flow Chart Diagram and documents.

2. Folder Organization

3. Program Expectations-(Handout)

4. Procedures dealing with Dyslexia Referral

5. Importance of Communication

6. Audit Recommendations