Section 504 Section 504 of the Rehabilitation Act School

Transcription

1 Section 504 Section 504 of the Rehabilitation Act School 1. Section 504 is a civil rights statute aimed at prohibiting discrimination of individuals with disabilities. (Slide 3) 2. Section 504 is very broad and could provide protection for the following: Students, parents, employees, and other individuals with disabilities. (Slide 4) 3. Subpart D of the Section 504 regulations relate to preschool, elementary, and secondary responsibilities. (Slide 5) 4. Section 504 should be a general education responsibility. (Slide 7) 5. Section 504 gets no respect because funding is not attached for services. (Slide 8) 6. A student is eligible for Section 504 if his/her impairment substantially limits one or more life activities. (Slide 11) 7. List some disabilities that are eligible under Section 504: (Slide 12) HIV/AIDS Conduct Disorder Temporary Disability ADD/ADHD Drug and Alcohol Migraine Headache Tourette Syndrome Traumatic Brain Injury (TBI) Cerebral Palsy Cancer Learning Disability Tuberculosis Arthritis Asthma Allergies Diabetes Obesity Epilepsy Heart Disease Former Special Education 8. Comment on the intent of prongs two and three of the Section 504 eligibility criteria: (Slide 15 & 16) Record of such impairment Regarded as having such an impairment 9. List two Section 504 eligibility exclusions. (Slide 22) Infectious disease if poses a risk, drugs and alcohol abuse, slow learner with out disabilities, sexual disorders, pregnancy 10. True or False. A student who does not qualify for special education services can be served under Section 504. True (Slide 23) 11. True or False. All IDEA students are Section 504, but not all Section 504 students are IDEA. True (Slide 24) 12. Accommodations are modifications made by classroom teachers and other school staff to enable the student to benefit from their educational program. (Slide 26) 13. Documentation is always a best practice. (Slide 29) (NM)

2 14. List the steps in the Section 504 process: (Slides 31 35) Student Assistance Team Referral Notification to the parents Written consent Evaluation Placement 15. List the typical member of the Section 504 committee: (Slide 37) Parents, students, teachers, member(s) of SAT, principal (as needed), others (as needed) 16. List some possible services offered in developing the Section 504 accommodation plan: (Slide 40) Student Assistance Team stategies, parent input, evaluation results, eligibility, student s unmet needs, services based on eligibility, LRE 17. Student accommodations and/or services are reviewed periodically and at least annually. (Slide 42) 18. Compare and contrast Section 504 and special education in the following areas: (Slides 44 51) Issue Section 504 Special Education Type of Law Civil Rights Law Education Act Responsibility General Education Special Education Administration Section 504 Coordinator Special Education Director Funding Sources General Education State, Local, Federal Special Education Funding FAPE General education accommodations and /or special education and/or related services Must be eligible for special education Eligibility Current physical or mental disability that substantially limits a major life activity and impact education Must qualify under 14 categories, disability affects education, needs special education 19. Comment on the Section 504 eligibility conditions for the following issues: (Slides 52 53) ADHD can qualify for Section 504 if evaluated by school team disability substantially limits. Can qualify under Special education if meets disability criteria (NM)

3 Drugs and alcohol May qualify for Section 504 if not using drug and undergoing treatment. Does not qualify for special education 20. Compare and contrast Section 504 and special education in the following areas: (Slide 54 57) Issue Section 504 Special Education Service Tool Accommodation plan and/or services IEP Grievance Procedure Requires a grievance procedure to deal with discrimination issues Not required. Complaint may be filed with state Review of Plan Review periodically Review at least annually. Enforcement Office of Civil Rights Office of Special education Programs (OSEP) 21. Priorities for OCR include: (Slide 60) Overrepresentation of minorities in special education Proper evaluation of minority students 22. List the eight Section 504 procedural requirements for schools: (Slides 62 64) Written assurance of nondiscrimination Section 504 coordinator Grievance procedure Ongoing notice Identify and locate qualified students Annually notify persons with disabilities Procedural safeguards Self-evaluation 23. Most students receiving special education services will be entitles to services at the post secondary level. (Slide 65) G:\Presentation Resources\Presentation Outlines\ PPT Outlines/ NM Section 504 Inservice Outline (Answer Key) Jcmb (NM)

4 Section 504 of the Rehabilitation Act Inservice New Mexico Public Education Department and Mountain Plains Regional Resource Center 2007

5 Overview

6 Statute/Regulation Section 504/ADA is a civil rights law that prohibits discrimination. Like the sister statutes of Title VI (race) and Title IX (gender), Section 504/ADA prohibits discrimination based solely on disability. Special education law, regulations, and Section 504 of the Rehabilitation Act were implemented the same year 1973.

7 Civil Rights Section 504 is often referred to as the first civil rights act for individuals with disabilities. Section 504 applies to students, parents, employees, and other individuals with disabilities.

8 Section 504 Subpart A General Provisions Subpart B Employment Practices Subpart C Accessibility Subpart D Preschool, Elementary, and Secondary Education Subpart E Postsecondary Education Subpart F Health, Welfare, & Social Services Subpart G Procedures

9 Public Transportation Public Buildings Employees Students Parents Community Focus School Focus Telecommunications Business Other Individuals Facilities Extra-Curricular Student Focus Special Education

10 General Education

11 Section 504/ADA has been around since Section 504 gets little respect because funding is not provided by the State or federal government. Cost for services are provided by the school district.

12 Roles of School Personnel Involved in suggesting accommodations Participates in meetings Benefits from program Student and Parent Coordinates Section 504/ADA procedures Provides staff and parent training Manages Section 504/ADA grievance procedures Helps conduct self-evaluation Principal and Certified and Classified Staff Conducts nondiscriminatory practices in classrooms Refers/identifies/evaluates students Encourages parent involvement Develops program modifications and accommodations E t i l t 504 Coordinator Designates 504/ADA Coordinator Provides annual notice to parents/students Provides continuing notice to students/employees Establishes policy on nondiscrimination Develops grievance procedure Develops hearing procedure Superintendent School Board

13 Definition iti of Disability

14 Ist Prong Section 504/ADA Eligibility The student t has a physical or mental impairment i that substantially limits one or more of a person s major life activities. Walking Breathing Learning Seeing Hearing Speaking Working Caring for one s self The impairment must impact the student s education. This determination must be based on an individual evaluation and made by a team of people knowledgeable of the student and about the disability.

15 Examples of Who Might Be Eligible ibl Under Section 504/ADA HIV/AIDS Conduct Disorder Tuberculosis Temporary Disability Arthritis ADD/ADHD Asthma Allergies Diabetes Obesity Epilepsy Heart Disease Former Special Education Drug and Alcohol Migraine Headache Tourette Syndrome Traumatic Brain Injury (TBI) Cerebral Palsy Cancer Learning Disability Each disability must substantially limit a major life activity.

16 Illustration A person with a minor vision impairment, such as 20/40 vision, does not have a substantial impairment of the major life activity of seeing.

17 Illustration A person who is deaf is substantially limited in the major life activity of hearing. A person with a minor hearing impairment, on the other hand, may not be substantially limited.

18 2 nd Prong Definition/Eligibility Has a record of such an impairment. Examples of individuals who have a record of an impairment are persons who have histories of mental or emotional illness, learning disability, asthma, heart disease, cancer, etc. and students who have received special education.

19 3 rd Prong Definition/Eligibility Is regarded as having such an impairment.

20 Ryan White HIV infected sued an Indiana School District under Section 504. Ryan was able to function in the school setting, but was perceived as being disabled.

21 Illustration Bobbie, a three-year-old child born with a prominent facial disfigurement, has been refused admittance to a county-run day care program on the grounds that t his presence in the program might upset the other children.

22 Illustration Anna, an individual with mild diabetes controlled by medication, is barred by the staff from participation in certain sports because of her diabetes. Even though Anna does not actually have an impairment that substantially limits a major life activity, she is protected under Section 504/ADA because she is treated as though she does.

23 Definition Issue/ OCR Policy Letter NOTE: The second and third prongs of the definition referring to individuals with a record of or regarded as having an impairment are relevant only when some negative action is taken based on the perception or record. This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered. (OCR Policy Memorandum, August 3, 1992.)

24 Eligibility There are attitudinal barriers and architectural barriers that affect the educational placements of students.

25 Exclusions Infectious disease if it poses a risk to others Drug and alcohol l abuse Slow learners without disabilities Sexual disorders Pregnancy

26 Eligibility Every person eligible for Section 504 will not necessarily be eligible ibl for special education.

27 Eligibility Every person eligible for special education is also protected under Section 504.

28 Accommodations and/or Services

29 Accommodations Modifications made by classroom teacher(s) and other school staff to enable the students to benefit from their educational program. A plan should be developed outlining services and/or accommodations.

30 Accommodations/Services Effective and Equal Accommodations simply put the individual id with a disability at a more equal level with those who do not have disabilities.

31 Parent Involvement The parents should be included in the 504 process whenever possible.

32 Documentation It is important to document evaluation results, eligibility determination, services, and placement issues regarding each individual. DOCUMENTATION IS ALWAYS A BEST PRACTICE. The requirements under the Family Educational Rights and Privacy Act (FERPA) apply to Section 504 documentation

33 Suggested Section 504 Process

34 Student Assistance Team The Student Assistance Team (early intervening) will provide support and suggestions to classroom teachers regarding any student experiencing academic or behavioral difficulties. If the strategies are unsuccessful, a referral for an evaluation could be made to Section 504/ADA or special education.

35 Referral Referrals are accepted from parents, professional staff, students, and/or other staff members. The problem(s) and previous remedies are considered and reviewed.

36 Notification The school notifies the parents or guardians, in writing, of the school s reason and intent to conduct an evaluation. The notice should include a description of the evaluation and procedural safeguards. Parental consent would be considered best practice for all Section 504/ADA evaluations.

37 Written Consent/Section 504 Written consent is always encouraged for the initial evaluation and placement

38 Evaluation The school must evaluate all students with disabilities before making an initial placement or any significant change in placement.

39 Evaluation It is best practice to start with a special education evaluation to rule out a disability. *Use special education evaluation data for Section 504 consideration.

40 Section 504/ADA Committee Meeting A best practice is to use the Student Assistance Team as the Section 504/ADA Committee. Typical members would include the following: Parents Student (when appropriate) Teacher(s) Member(s) of SAT Principal (as needed) Other (as needed) The committee will study and analyze the evaluation data to determine if the student has a mental or physical disability that substantially limits a major life activity and influences the student s educational program.

41 Eligibility If the student is eligible under Section 504/ADA, the team determines accommodations and/or services that will enable the student to benefit from his/her education. This can be documented on an individual Section 504 accommodation plan.

42 Section 504 Student Accommodation Plan A list of accommodations for eligible students that are implemented in the general education classroom.

43 Services The following factors are considered by a team knowledgeable about the student and the disability: Student Assistance Team strategies Parent input Evaluation results Section 504/ADA eligibility The student s unmet needs Services and/or accommodations based on eligibility Discuss and plan possible staff inservice. Least Restrictive Environment (LRE)

44 Implementation The school staff makes the necessary accommodations to allow for the student s disability. Parents should be consulted and given opportunities for input. The accommodations and/or services are then implemented.

45 Review Each student s s accommodations and/or services are reviewed periodically. Best practice would be at least annually.

46 Comparison Between Section 504/ADA and Special Education

47 Comparison Type Section 504/ADA Civil il Rights Law Special Education Education Act

48 Comparison Responsibility p Section 504/ADA General Education Special Education Special Education

49 Comparison Administrator Section 504/ADA Section 504/ADA Coordinator Special Education Special Education Director

50 Comparison Funding Section 504/ADA General Education Special Education State, Local, Federal Special Education Funding

51 Free and Appropriate Public Education (FAPE) Section 504/ADA Requires that 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.

52 Free and Appropriate Public Education (FAPE) Special Education Requires FAPE be provided d to only those protected students who, because of a disability, need special education or related services. Defines FAPE as special education and related services delivered under an IEP, that meets State and federal standards. A student can receive related services under special education if the student is provided special education and needs related services to benefit from special education. Requires a written IEP document with specific content and a required number of specific participants at the IEP meeting.

53 Comparison FAPE Section 504/ADA General education accommodations and/or special education and/or related services Special Education Must be eligible and need special education; then related services can be added if they are necessary for the student to benefit from special education.

54 Comparison Eligibility Section 504/ADA Currently has a physical or mental disability that substantially limits a major life activity and impacts the student s education. Sustainability limits is a high standard. Special Education 1. Must qualify under one of the 14 disability categories, 2. Disability bl adversely affects educational performance, and 3. Student needs special education (specially designed instruction).

55 Comparison Attention ti Deficit it Disorder Section 504/ADA Is eligible if the student has been evaluated by the school team and/or the disability substantially limits a major life activity. Special Education Must meet one of the categorical disabilities criteria in special education, usually OHI.

56 Comparison Drug and Alcohol l Section 504/ADA An individual who is not using drugs and/or alcohol and is undergoing treatment could be protected. Special Education Drug and alcohol use, by itself, does not qualify one for special education services.

57 Section 504/ADA Comparison Service Tool Accommodation plan and/or services Special Education Individualized Education Program

58 Comparison Gi Grievance Procedure Section 504/ADA Requires a grievance procedure to deal with discrimination issues. Special Education Grievance procedure not required. A complaint can be filed with the State.

59 Comparison Review of Program Section 504/ADA Review periodically Special Education IEP Review at least annually

60 Section 504 Comparison Enforcement Office for Civil Rights (OCR) Special Education Office of Special Education Programs (OSEP)

61 Dispute Resolution Under Section 504/ADA A. Local Grievance (34 C.F.R. y (b)). B. Impartial Hearing (34 C.F.R. y )). If a state does not permit special education hearing Officers to rule on Section 504/ADA issues, then schools must offer alternative hearing procedures. Section 504/ADA regulations do not specify timelines or Impartiality requirements; therefore, OCR applies a standard of Fundamental fairness and will be guided by IDEA case law and other decisions. OCR Policy letter, 18 IDELR 230 (OCR 1991). C. Office for Civil Rights (OCR) Complaints D. Judicial Actions

62 OCR Enforcement Discriminationi i Disability, Race, Issues Gender, Age

63 OCR Priorities Overrepresentation of minorities in special education Proper evaluation of minority students

64 Procedural Requirements

65 Procedural Requirements of Section 504/ADA 1. Provide written assurance of nondiscrimination whenever the school receives federal money. 34 CFR 104.5(a) 2. Designate an employee to coordinate compliance with Section 504/ADA. 34 CFR 104.7(a) 3. Provide grievance procedures to resolve complaints of discrimination. 34 CFR 104.7(b)

66 Procedural Requirements of Section 504/ADA 4. Provide ongoing g notice of nondiscrimination to students, parents, employees, unions, and professional organizations. Notice must also specify the responsible employee designated to coordinate compliance. 34 CFR Identify and locate all Section 504/ADA qualified students with disabilities in the school s geographic area who are not receiving a public education. 34 CFR (a) 6. Annually notify persons with disabilities and their parents or guardians of the school s responsibility under Section 504/ADA. 34 CFR (b)

67 Procedural Requirements of Section 504/ADA 7. Provide parents or guardians with procedural safeguards. 34 CFR a. Notice of their rights. [A person] who has a mental or physical impairment that substantially limits one or more major life activities (major life activities include activities such as caring for one s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working). b. Opportunity to review relevant records. c. Impartial hearing with opportunity for participation by parents or guardians and representation of counsel d. Review procedure. 8. Self-evaluation is technically required only on a one-time basis, but it is advisable to review the evaluation on a periodic basis. Individuals with disabilities or their organizations should be involved in the self-evaluation.

68 Section 504/ADA and Postsecondary Opportunities Obligations apply ppy to postsecondary programs that receive federal funding. High school counselors should have knowledge of Section 504/ADA and provide that t information to students with disabilities. The last issue a special education multidisciplinary team should discuss when a student with disabilities graduates is Section 504/ADA eligibility. Transition goals and objectives should include collaboration with postsecondary programs regarding Section 504/ADA accommodations.

69 Conclusion This inservice training program has given an overview of Section 504/ADA and provided educators and administrators with a knowledge of school responsibilities. s You have probably discovered ed that the school is already meeting many obligations by providing accommodations and/or services to students, t parents, and employees. It is important t to formalize the Section 504/ADA process to better serve eligible individuals with disabilities and provide a structure that will be necessary when questions are asked by parents and others or if the Office for Civil Rights is required to investigate t a complaint.

70