Irvington 504 Training PDF

IRVINGTON BOARD OF EDUCATION DISTRICT 504 TRAINING Lystrea Crooks, District 504 Officer What Is Section 504? Section 504 is a federal civil rights statute that prohibits discrimination/harassment on the basis of a disability • Section 504 Subpart A—General Provisions Subpart B—Employment Pra...

IRVINGTON BOARD OF EDUCATION DISTRICT 504 TRAINING Lystrea Crooks, District 504 Officer What Is Section 504? Section 504 is a federal civil rights statute that prohibits discrimination/harassment on the basis of a disability • Section 504 Subpart A—General Provisions Subpart B—Employment Practices Subpart C—Physical Accessibility Subpart D—Preschool, Elementary, and Secondary Education Subpart E—Postsecondary Education Subpart F—Health, Welfare, and Social Services Subpart G—Procedures What is Section 504? • Section 504 of the Rehabilitation Act of 1973 is a federal statute (anti-discrimination law), which protects the rights of individuals with disabilities to equal opportunity in programs and activities which receive federal funds. • Section 504 is intended to level the playing field for individuals with disabilities so, for example, students can fully participate in school. • Section 504 grants equal access to qualified persons with disabilities to all programs and activities receiving federal funding What Does Section 504 Actually Say? “No otherwise qualified handicapped individual … shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” 29 U.S.C. Subsection 794 (1973) Under Section 504, a school district cannot: •Discriminate on the basis of disability •Deny accommodations and modifications •Deny access to programs, facilities or services •Provide programs or services that are not “equal” Section 504 Enforcement SECTION 504 ENFORCED BY THE U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS (OCR) VIOLATION OF SECTION 504 MAY ALSO SUBJECT AN INDIVIDUAL TO CIVIL LIABIITY Relationships Americans with Disabilities Act Section 504/ADA Special Education IDEA School Focus Community Focus 504 & ADA • On September 25, 2008 President Bush signed into law the American with Disabilities Amendment Act (ADA) of 2008 • The new law became effective January 1, 2009 • Congress has placed a huge emphasis on discrimination in the revised 2009 law. The Act expands the scope of disabilities under the ADA and Section 504 of the Rehabilitation Act of 1973 as well as protections to employees and students • The Act rejects four (4) United States Supreme Court decisions which limited the scope of protection for individuals with disabilities. 504/ADA An impairment that is episodic or in remission can meet the “disability requirement” if it substantially limits a major life activity when active. The Act now instructs that school districts can no longer consider mitigation measures to determine whether an impairment substantially limits a major activity except for the use of ordinary eyeglasses or contact lenses. Congress stated that the determination whether an impairment substantially limits a major life activity shall be made without regard to ameliorative effects of mitigating measures such as medication, medical supplies, equipment or other devices. Also included in the 2009 law are major bodily functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory. 504 Grievance Procedure • Section 504 requires districts to conduct impartial hearings for parents who file a written complaint regarding identification, evaluation, or placement decisions regarding the 504 process • Mediation may be used to resolve areas of dispute • After mediation or impartial hearing, a written decision must be provided to person making the appeal • If not resolved, file a complaint with the Office of Civil Rights (For more info and to obtain a complaint form http://www.ed.gov/about/offices/list/ocr/qacomplaints.html). • Pursue legal action in Federal Court Who is Eligible for 504 ? To be eligible for protections under Section 504, the student must have… • a physical or mental impairment and, • a major life activity affected by the impairment and, • the impairment is substantial (means the disability produces considerable impairment-the impact must be long-term or permanent, and it prevents or severely restricts a person from performing major life activities) Note: Generally speaking, if a student is covered under IDEA there is no obligation to cover her/him under Section 504. What is a Physical or Mental Impairment Under Section 504? • Any physiological disorder or condition, cosmetic disfiguration, or anatomical loss. • Any mental or psychological disorder. • Section 504 does not define specific impairments. • Examples include behavior disorders, ADD/ADHD, HIV/AIDS, diabetes, asthma, physical disabilities, allergies, hearing impairments. What does “Substantially Limit” Mean Under Section 504? • Determining whether an impairment is substantially limiting is critical to deciding Section 504 eligibility. • Regulations fail to provide a definition for the term “substantial limits”. • Case law establishes that “substantial limits” means unable to perform or significantly restricted in performing a major life activity as compared to the average student. What Constitutes a “Major Life Activity” Under Section 504? • Learning is not the sole major life activity that may qualify a student for services • Functions as caring for one’s self • Performing manual tasks • Other activities such as walking, seeing, hearing, speaking, breathing, learning and working What About Temporary Disabilities? • Determination must be made on a case-by-case basis, taking into consideration the severity and the duration of the impairment. • The physical or mental impairment at issue must be permanent or anticipated to be very long term. • Temporary, non-chronic impairments should generally not trigger Section 504 eligibility, i.e., broken arm, surgery, temporary at-home medical status. • Most temporary disabilities can be addressed via regular education services, i.e., homebound, make-up work, minor classroom/environment accommodations. • Pregnancy is generally not a qualifying disability unless unexpected complications arise. Points to Remember When Considering Section 504 Eligibility • On the average, only 1-2% of the student population of any school is deemed Section 504 eligible. • Learning difficulties not always due to a physical or mental impairment. • Section 504 eligibility is not for “at-risk” students. • Phrase “substantially limits” is in present tense, therefore the student must be presently, not potentially or hypothetically, substantially limited. Points to Remember When Considering Section 504 Eligibility • A student with average grades is probably not Section 504 eligible in the area of learning. • Physician or psychologist opinion as to student’s eligibility status is only one source of information the team should consider. Remember, the team is making an educational decision not a medical decision. • Physician or psychologist, while helpful in providing documentation of a physical or mental impairment, is not qualified to decide whether that impairment “substantially limits” a major life activity in a school setting. A mere medical diagnosis is not enough for eligibility. • Students eligible under I.D.E.A. are not entitled to a separate Section 504 plan. Points to Remember When Considering Section 504 Eligibility • Common regular education interventions may eliminate existence of a “substantial limitation”. • Section 504 is not a consolation prize for students not qualifying for I.D.E.A. • Consider all factors which may mitigate the impact of the student’s disability, i.e., glasses, prosthesis, medication, hard work, parental assistance. • Standard is to compare student to an “average student”. This means you compare student against chronological peers in the entire state or country. • Standard is not whether the student is reaching his own potential or parent’s expectations. Major Life Activities  Self-care  Standing  Manual tasks  Bending  Eating  Lifting  Sleeping  Reaching  Walking  Reading  Seeing  Thinking  Hearing  Concentrating  Speaking  Communicating  Breathing  Interacting with others  Sitting  Learning  Working (34 Code of Fed Reg. Part 104.3) What is a 504 Team? • All schools must designate a Section 504 Coordinator • The 504 Team should be comprised of at least two staff and the student’s parent (at least one person who is familiar with student’s abilities; one who can interpret reports/evaluations; one who is knowledgeable of possible accommodations needed to meet student’s needs). • A counselor, school nurse and Administrator are recommended as well as student’s teacher and parent/guardian. • The Team should be “fluid”. That is, staff knowledgeable of student should be invited to participate as needed • The 504 Team determines the need for accommodations or special services based upon information drawn from a variety of sources (teacher, school staff, outside evaluations and reports, tests and assessments, medical professional, etc.) Timelines • School 504 Coordinator must respond within 20 days to a 504 referral • The 504 eligibility meeting should be scheduled within 60 days of parental consent 504 evaluation • The student’s parent should be notified in writing of the meeting at least 15 days prior to meeting • If a parent does not respond to the school’s first notice to meet, a 2nd notice must be made (if the parent does not respond or declines to attend, the meeting may be held without the parent) • All attempts to contact parent must be documented • Parent receives copy of 504 plan whether in attendance or not but plan cannot be implemented without parental consent • Entire process must be completed and implemented within 90 calendar days following parental consent • 504 Teams review the 504 plan annually • 504 Teams should do a reevaluation within 3 years to verify continued eligibility How are 504 students identified ? “CHILD FIND”: Any child who needs, or is believed to need, special accommodations, related services or programs under Section 504 may be referred to the Section 504 Committee for evaluation. Referrals to 504: - parent referral (request in writing) - teacher/school personnel referral Examples of Students with Disabilities Who May be Eligible Under Section 504 • • • • • • • • • • • • Tuberculosis Arthritis Asthma Allergies Diabetes Obesity Epilepsy Heart Disease Chronic Fatigue *Pregnancy Orthopedic HIV/AIDS • Conduct Disorder • Temporary Disability • ADD/ADHD • *Drug and Alcohol • Migraine Headache • TBI—Traumatic Brain Injury • Cerebral Palsy • Cancer • Multiple Sclerosis • *“Slow learners” DOES EVERYONE GET A 504 PLAN WHO ASKS FOR ONE? NO!!!!! The question is… IS THERE AN ACTUAL OR PERCEIVED DISABILITY AND… IS A MAJOR LIFE FUNCTION LIMITED SUBSTANTIALLY? 504 Procedures 1. 2. 3. 4. 5. Referral form completed by parent/staff member. School 504 Coordinator has 20 day timeline to contact parent/guardian for initial explanation of 504 Section 504 explained to parents, 504 Parental Rights Book given to parent and parent sign receipt of Parental Rights and Parent Consent for 504 evaluation Teacher Report is completed as well as Substantial Limitations Checklist Team gathers data regarding student’s disability and impact on learning Letter of Invitation to 504 Eligibility meeting sent 10 days prior to scheduled meeting along with copy of parental rights 504 Procedures 6.At meeting all present sign Attendance Sheet 7. 504 Team discusses eligibility then completes Eligibility Determination Form 8. 504 Team must sign Eligibility Determination Form with their determination 9. Letter of non eligibility sent to parent if student found not eligible 10. If student found eligible the 504 Team can develop 504 Accommodation Plan 11. All 504 members must sign 504 plan, plan cannot be implemented without parental consent 12. Copy of completed 504 packet forwarded to District 504 Coordinator for approval and signature 13. Accommodation plan can be implemented if approved 14. 504 Accommodations must be shared with all school personnel having contact with the student 15. Parent must be made aware of their Due Process Rights and given a copy of District complaint process 16. All steps MUST be completed within 90 calendar days of the receipt of the signed parental consent 504 evaluation plan Procedural Requirements for 504 Meeting • Written notice to parent/guardian of evaluation, meetings, and notice of results of 504 meeting • Appropriate 504 Team Membership • Parent Rights must be provided and signed for • Parent Permission must be received prior to evaluation/permission not necessary for reevaluation • Ensure appropriate time limits are met - Twenty day response to 504 referral - Sixty day referral to eligibility timeline - Ninety day referral to implementation Data to review at 504 meeting • • • • • • • • • • • • Health records Standardized test scores/class test scores Informal checklists Report cards Parent/teacher reports and observations Student work samples/student input Disciplinary records Prior special education testing results (if student is not eligible for special education) Cumulative records All data considered by 504 team must be documented. Reason for referral must be appropriately addressed by evaluation data Good information guides accurate eligibility decisions. 504 Accommodations • Accommodations must be individually designed & provided so they meet the educational needs of students with disabilities. • Accommodations should be designed so that students with disabilities have the same access to all programs as students without disabilities. Issues for Team Consideration The following factors are considered by a team knowledgeable about the student and the disability: • Evaluation results • Section 504/ADA eligibility (remember the list was expanded January 2009) • The student’s unmet needs • Services and/or accommodations based on eligibility • Possible staff in-service • Least Restrictive Environment (LRE) • Remember, you can no longer consider mitigating circumstances. Testing Accommodations • There should be a direct link between instructional accommodations used in the classroom (e.g. large type/print materials, providing answers orally, extended time, etc.) and testing accommodations • Testing accommodations are not intended to alter the construct of the test being measured (e.g. cannot use a calculator for math assessment that tests computational skills or read aloud reading passages for a reading comprehension test • Testing accommodations are changes made in the administration of the test in order to remove obstacles to the test-taking process that are presented by the disability without changing the constructs being tested. Those most frequently required are: …flexibility in scheduling/timing …flexibility in the setting used for the administration of testing …changes in the method of presentation …changes in the method of response Accommodation Plan • Once a determination for an accommodation plan is needed, the 504 School Coordinator notifies the parent in writing of the decision of the 504 team. The notice shall include the parent’s right to challenge any decision made by the 504 team • If the 504 team determines that accommodations are required, the 504 team will develop a 504 Plan for the student • No accommodation plan may be implemented without written parental consent • The parent will be provided a copy of the 504 Accommodation Plan for her/his approval and signature (the parent may withdraw consent to the accommodation plan at any time) • Accommodation plan must be “reasonable” Emergency 504 Testing Accommodations An emergency 504 plan can be initiated under certain circumstances (e.g. injury sustained or disability diagnosed within 30 days of state assessments) • Principal immediately refers the matter to the school’s 504 Coordinator. The 504 team must convene immediately after the examination and follow standard procedures • School maintains record of all emergency accommodations if needed for NJDOE review • School 504 Coordinator immediately refers the matter to the District’s 504 Coordinator for approval prior to implementation • 504 Plan maintained at school and District level Annual Review • All 504 Accommodation Plans should be reviewed by the 504 School Coordinator on an annual basis at the start of the school year, 504 Coordinator must complete annual 504 review form • The 504 School Coordinator will contact teachers of children with a 504 Accommodation Plan at the start the school year to assure implementation • If there was a physician’s diagnosis as part of the original 504 accommodations request or as an on-going medical diagnosis, an annual note from the physician must be obtained • If there are no changes to the Accommodation Plan that are needed no meeting of the 504 Team is necessary • If either the parent or school staff responsible for implementing the 504 plan indicate a problem or need for modifying the plan, the 504 Team must convene to modify the plan • It is the responsibility of the 504 School Coordinator to make all staff, in contact with the student, aware of the 504 Accommodation plan Comparison 504/IDEA 504 • Civil rights law • No federal $$$ • Consent required • No labels • Evaluations • “Periodic” re-eval • FAPE • 504 Plan • Placement/LRE • Discipline IDEA • Educational Law • Federal/State $$$ • Consent required • Labels of disability • Evaluations • Re-eval every 3 yrs. • FAPE • IEP • Placement/LRE • Discipline Free Appropriate Public Education (FAPE) Section 504/ADA • Requires FAPE be provided to only those protected students who, because of a disability, need general education accommodations, or special education and related services. • Defines FAPE as general or special education and related aids and services, to meet the needs of the individual student. Section 504 & Life After High School… Once a student exits high school either by graduating or aging out, IDEA no longer applies. Only Section 504 is available at college or in the workplace. Entitlement vs. Eligibility • Entitlement (high school/IDEA) = You have a right by law to services or programs. If a student has an IEP, they are “entitled” to the services in their IEP. • Eligibility (college, work/Section 504) = You must meet certain requirements in order to receive services or participate in programs. Services and accommodations are not a given. Section 504 & the world of work • Employers can’t refuse to hire or promote because of a disability – as long as you are qualified for the job. • Employers can ask about your ability to perform a job, but prior to offering you a job they cannot inquire if you have a disability. • Employers need to provide reasonable accommodations to persons with disabilities. • Employers do not need to provide accommodations that impose an undue hardship on business operations. Employee 504 Request The Irvington School District has a Board approved 504 Employee Application Form that is accessible on the Special Services website or contact Lystrea Crooks, the 504 District Coordinator, at [email protected] for an electronic copy. Employees requesting a 504 Accommodation must: • Complete a 504 application form and have signed by immediate supervisor • Submit completed 504 application and medical release to 504 District Coordinator located at Florence Avenue School • Appropriate medical documentation must be submitted along with 504 application • Employee will be notified of receipt of materials • The District 504 Team will set up a 504 meeting for the employee to address specific requested accommodations • District will notify employee of District decision • If 504 Accommodation plan is deemed necessary, appropriate Administrators/staff will be informed of accommodations • All 504 information is CONFIDENTIAL • 504 Complaint form is located on website and in 504 application packet A Quote To Think About! “Remember … no matter what race, gender, or ability… everyone, if given the opportunity, support & encouragement, can learn & succeed.” -E.L. Anderson ©1994 Irvington 504 Resources School 504 Coordinators: Designated Guidance Counselor in school District 504 Officer: Lystrea Crooks 973-399-6800 Extension 1926 [email protected]