504 CAMPUS DESIGNEE TRAINING

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1 update 504 CAMPUS DESIGNEE TRAINING Janice Greer DeHaven, Director Janet Tracy, Program Coordinator North East Independent School District

2 504 Designee Support Meetings Quarterly meetings are scheduled to provide updates to legal information, training, and troubleshooting. Assistance with the esped software will be announced.

3 Use the NEISD Resources 504 webpage! Log in/departments/divisions/instruction/504/employees General Public Information

4 504 CAMPUS COORDINATOR/DESIGNEE RESPONSIBILITIES Understands 504 policies, procedures, and decision-making processes; attend trainings Provides annual 504 overview for faculty/staff You schedule. Presentation on website Posts Notice of Non-Discrimination This is the legal size yellow poster from Risk Management Uses district software to manage records (esped) Maintains master list of 504 eligible students Serves as campus initial point of contact for inquiries and referrals Manages student referrals for audit record Ensures 504 referral, evaluation, and placement procedures are followed Schedules and invites parents/staff to 504 meetings Disseminates accommodations to all staff and maintains receipts from teachers Works with the principal to ensure accommodations are implemented and documented for use Consults with the district 504 team when clarification is needed Notifies the principal and the district 504 team member of unresolved or sensitive issues Transfers records for new school enrollment Prepares documents as needed for summer programs

5 Section 504 is Civil Rights Legislation protect persons with disabilities by preventing any form of discrimination based on disability focus in schools is on nondiscrimination and equal educational opportunity for eligible students with disabilities appropriate accommodations/services ensure an equal opportunity to participate in extra-curricular and non-academic activities An eligible 504 student is still one who: KEY - has a physical or mental impairment which substantially limits one or more major life activities has a record of such an impairment or is regarded as having such an impairment an impairment /disability /medical condition AND a substantial limitation

6 Thinking Map for 504 decision making Is there evidence of an impairment? YES NO YES Does it substantially limit the student in a major life activity? NO Not eligible under 504 Identify MLA and necessary Accommodations in a 504 plan Not eligible under 504

7 Eligibility The 504 committee must base their decisions on the extent to which the student requires accommodations to have equal access to all phases of the school experience. not on an educational need (special education qualification) not on the end grade result Advanced Placement/Honors students could be eligible for protection under 504 due to other qualifying conditions

8 Federal Law: Individuals with Disabilities Education Improvement Act Department of Education Special Education Specially Designed Instruction, Services, Supports, Intervention Comprehensive Educational Evaluation Process 13 Specific Qualifying Conditions in Federal Law All are associated with EDUCATIONAL NEED Eligibility results in an IEP Federal Law: 504 of the Rehabilitation Act Civil Rights Legislation Office of Civil rights General Ed Not a program Not an intervention system Access Accommodations Level the Playing Field Equal Access does not give unfair advantage Evaluation Process Reviews Sources of Data Eligibility results in an IAP Process to address skill gaps Data collection to monitor progress No qualifying criteria Intentional intervention to maintain a positive learning curve May identify an individual needing further assessment due to a suspected disability RTI Tutoring WIN RAP MAP School-wide Interventions

9 Growth of Section 504 Students Served in NEISD EOY EOY BO4th Spring Break 3621 BO3rd BOY EOY BOY EOY Over 4 years grown by 2,792 students enrollment tripled BOY

10 NEISD Trends in Types of Disabilities Served Through 504 Other 73% Spring 2016 data Dyslexia 27% Other Category Includes ADHD Allergies Anxiety Asthma Auditory Impairment Behavioral Conditions Cancer Diabetes Medical Diagnosis Mental Health Orthopedic Condition Psychological Condition Visual Impairment ETC.

11 Eligibility under 504 Consider all aspects of the school day and setting: Instructional / testing accommodations physical access accommodations to navigate the campus or classroom materials and equipment behavior accommodations medical interventions and health services

12 How do Mitigating Measures impact decisions? A student is considered disabled under 504 if he has an impairment that would substantially limit him in a major life activity if The student is not taking advantage of mitigating measures (except in the instance of contact lenses and glasses.) A common example is medication. Factor OUT when determining eligibility Factor IN when determining accommodations Focus equal access and provision of support as if the mitigating measures are not present.

13 Substantial Limitation The standard used to determine if an impairment results in a substantial limitation is average performance in the general population, not just within a classroom, a school or the district The standard is not based on a student s optimal performance level rather access to participate equitably How does the disability limit equitably access?

14 Major Life Activities Bending Breathing Caring for one s self Communication Concentrating Eating Hearing Learning Lifting Seeing Speaking Thinking Walking Working Performing manual tasks Reading Sleeping Standing Major Bodily Functions Bladder Bowel Brain Circulatory Digestive Endocrine Functions of the immune system Neurological Normal cell growth Reproductive System Respiratory

15 Eligibility Decision-Making: Consideration - Referral does not Guarantee a Plan A student who is determined to have a disability is not automatically eligible under 504. A student who is considered for 504 does not always mean they will be eligible. disability must substantially limit... data must support the need in the area of the disability. school staff must use all data and professional judgment to determine eligibility.

16 Consider all accommodations: Instructional, Testing, Physical, Medical, Behavioral. Two Types of Eligible Students

17 Dyslexia with reading services, Diabetes Epilepsy Muscular Dystrophy Medical/Health with services at school Medication Breathing, feeding, suctioning treatments Written orders from a physician Emergency/rescue plans

18 Technical Eligibility If the evaluation committee has determined that the student has an impairment which causes substantial limitation in a major life activity HOWEVER mitigating measures are used proactively the student does not demonstrate a need for further provision of accommodations service plan would not need to be generated. the student is 504 eligible, technically document these details in esped. student is 504 on a monitor status.

19 the method described above where the student by mitigating measures does not require a service plan the student has an impairment in remission, that was once covered in a 504 Plan the student/ parent has revoked consent for Section 504 services. Technically Eligible Examples

20 Episodic Impairments Students commonly qualify under 504 if their condition, while not constant, episodically rises to the level of substantial limitation of a major life activity. Describe it in the evaluation! Examples: Allergies, Asthma, Migraine headaches A student with an episodic impairment should be referred for 504 consideration.

21 Health Services Health services delivered by a school nurse/ trained personnel may be a required related aid/service, if necessary for a student with a disability to effectively participate at school OCR considers medication administration by school staff a related service under 504 Other related health services could include routine medical interventions by the nurse/clinic staff

22 Students with Health Plans are eligible when they have a health impairment that substantially limits a major life activity If medication /treatment is administered outside of school student is technically eligible if no other accommodations are needed 504 Assessment Individual Health Care Plans Medication Orders signed by the medical doctor Action Plans, Rescue Medication/Procedures Emergency Plans for Students with Mobility Needs If clinic provides meds, treatments, services accommodations in the 504 Plan

23 Instructional Accommodations routine and consistent basis must be written into a 504 Plan and monitored. Documentation of monitoring has been requested on OCR Great stories but what can I send to OCR? complaints and not always available. Intended to level the playing field and provide access, not to provide an unfair advantage or maximize the student s potential. Reasonable, aligned with the area of impairment. When written into the 504 Plan, the teacher must provide accommodations as specified in the accommodation plan.

24 Testing Accommodations Needed on a routine and consistent basis Documented in the 504 Plan. State assessment accommodation decisions must meet TEA criteria for both the type of accommodation requested and the student eligibility for the accommodation. Data must indicate that the student uses and requires the accommodation on assessments. Data must support that each accommodation results in improvement when used by the student as compared to when it is not used.

25 Accommodations go beyond academics and instruction Environmental, Physical or Medical/Health Behavioral

26 WHAT DOES EVALUATION UNDER 504 LOOK LIKE?

27 504 Evaluation Will differ per student depending on the nature of the suspected disability Is valid for the specific purpose for which it is intended Is administered or reviewed by trained personnel Is tailored to assess specific areas of educational need Dyslexia Assessments Reading Specialist, Instructional Intervention Teacher Review of Medical Record Campus Nurse Review of Psychological Reports Counselor, School Psychologist Analysis of teacher checklists Staff with expertise in the area of consideration Review of Audiology Reports Itinerant Teacher for AI, School Audiologist Review of Vision Acuity or Function Reports Itinerant Teacher for VI

28 Respond to every Parental Request for Evaluation Lack of response could trigger an OCR complaint Discuss specific concerns with the parent Review the existing evaluation data Consult district personnel who are knowledgeable about the student Administer routine district screening instruments if appropriate Request medical documentation to substantiate impairment If there is no evidence of a disability or suspected disability don t make one up! Identify the concern and how to address it in other ways!

29 Timeline Upon parent or staff request when evidence of a disability is provided or suspected Schedule meeting within school days Two to three weeks is reasonable Send Notice of Meeting, Parent Input forms and Parent/Student Rights Request Teacher Input Gather other Evaluation Data may be provided by the parent or outside professionals Assist in accessing by requesting parent signs consent to share with their professionals Refer to the 504 Decision-Making Process

30 Parent and Student Notice of Parent and Student Rights Written notice of all District decisions concerning 504 Review student s records Consent to initial provision of 504 services Revoke consent for continued 504 services Appeal the decisions of the 504 Committee Impartial hearing File a complaint with the Office for Civil Rights Lack of implementation and documentation of accommodations included in the IAP is a violation of the foundational rights of 504

31 Periodic All students in 504 must be periodically reevaluated. Reevaluation must occur in a 504 Committee Meeting at least every three years New documentation of disability is a reevaluation a Manifestation Determination Review can be documented as a reevaluation and meet this requirement when new information is reviewed. Reevaluation occurs prior to any significant change of placement. Expulsion or suspension for ten or more cumulative days is a change of placement.

32 Manifestation Determination Conduct a 504 Manifestation Determination if a student starts exhibiting a pattern of behavior and when meeting with a parent to discuss disciplinary consequences leading to 10 or more consecutive days out of placement expulsion/suspension Needed for students who have a 504 Plan with accommodations and for those who have a monitor only 504 plan.

33 Does anyone from 504? Students with diagnosed disabilities who receive services through Section 504 will virtually always qualify unless the condition changes. Parents/adult students are encouraged to provide a new doctor report every year, but failure to do so cannot result in removal. The school needs only to have knowledge of the condition

34 NEISD uses esped to maintain the official 504 Student Record ARCHIVE Appropriately Blank Boxes Current student information Dyslexia: SERVICES are not Accommodations must do road trip supplement page Evaluation Information addresses the disability (School and Parent/outside) Facts and Data Guidance is available: edocs and ASK!!

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36 ? Janice Greer DeHaven (Jan) Director for Section 504 Office: Cell: Janet Tracy Coordinator for Dyslexia Office: Cell: