SECTION 504 TRAINING FOR 504 COORDINATORS Mesa Public Schools Fall 2016
What s New? Annual plan review Triennial Evaluation Broader application of 504 Accommodations and Services if needed Use of Synergy SE for documentation (pilot) Child Find: Can t just wait for parent to ask Specific accommodations with clear definition Bullying/Disability Harassment
What is Section 504? Section 504 of the Rehabilitation Act is a federal law that applies to the programs and activities of institutions that receive federal funding. Section 504 protects qualified students from discrimination based on disability. Section 504 also requires schools to identify, evaluate, and provide a "free appropriate public education" (FAPE) to qualified students with disabilities.
Section 504 - Who Qualifies? 4 Section 504 protects qualified students with disabilities. To be eligible, a student must have a mental or physical impairment that substantially limits one or more major life activities. Section 504 also protects a student who is not disabled, but has a record of or is regarded as being disabled, if discriminatory action is based on that history or perception of disability.
Section 504 - FAPE Section 504 requires that qualified students with disabilities receive FAPE. Section 504 FAPE requires, essentially, that: The student receives services and accommodations to ensure that his or her educational needs are met as adequately as other non-disabled students. The student is educated in the least restrictive environment possible. Evaluation and placement decisions are made according to appropriate procedures. Due process procedures are available for appeal of identification, evaluation, and placement decisions.
Section 504 504 Plans If a qualified student needs accommodations and services, a 504 Team must create a 504 Plan. The 504 Plan s services and accommodations are designed to offer the student an equal opportunity to gain the same benefit within the most integrated setting appropriate for the student.
Child Find Section 504 also requires that MPS seek out children with disabilities who are not receiving a public education, such as students in private schools and hospitals, and homeless children within MPS s boundaries. As MPS employees, we are all responsible for: Identifying children in need of services; and Referring students to a 504 School Coordinator.
The District 504 Coordinator The District 504 Coordinator is Jan Cawthorne, Executive Director of Special Education. The District 504 Coordinator: Administers the District s Child Find program. Monitors the District s 504 referral, identification, review process, and records. Provides training activities. Handles due process/ocr complaints. Jan Cawthorne and special education directors (Alissa Gonzalez, Nancy Foley, Melanie Kelley, and Trish Geraghty) can answer 504 questions from the schools.
SECTION 504 THE PROCESS FOR SERVING STUDENTS
The School 504 Coordinator The 504 Coordinator at my school is. School 504 Coordinators: Provide staff training as needed and monitor/participate in the 504 evaluation and plan process; Inform parents and supply necessary forms; and Coordinate development of 504 plans, monitor implementation, and maintain 504 files.
Identification All school staff members are responsible for identifying and referring to a Section 504 Coordinator students who may be eligible under Section 504. Often the parent of a student requests evaluation and services for the child. In all cases, the referring party should complete a Section 504 Referral form and deliver it to a Section 504 Coordinator.
Identification Common signs of a possible disability: In the health conditions section of the registration form, parent indicates that student has seizures, diabetes, or other health condition that typically requires school services or accommodations. Parent frequently expresses concern about student s performance or tells you they have outside agencies in the home. Student shows pattern of not benefiting from instruction. Student returns to school after serious illness or injury. Student has been identified as having attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD).
Parent Notice and Consent Evaluation of a student for 504 eligibility requires parent consent. The parent must receive, sign, and return to a 504 Coordinator the Parent Notice for Consideration of 504 Protections form.
Evaluation The student must be evaluated to determine eligibility under Section 504. Assessments of the student may be administered, with parent consent, as needed. Medical or psychological reports may be helpful, but the District cannot require the parent to obtain or pay for them.
Determining Eligibility The eligibility determination is made by a 504 Team. The 504 Team must include a 504 Coordinator (or designee), the parent or legal guardian (or designee), and at least one teacher who is knowledgeable about the needs of the student and the evaluation data being reviewed. The Team may include additional teachers, a counselor/student advisor, and the school nurse. The parent may invite others to attend.
When is a Student Eligible? A student must have a disability to qualify for 504 protections. Disability means a physical or mental impairment that substantially limits a major life activity. A student may also be considered disabled if the student has a record of, or is being regarded as having, an impairment that substantially limits a major life activity.
Disability = Impairment that Substantially Limits a Major Life Activity Section 504 draws a distinction between an impairment and a disability: If an impairment causes a substantial limitation of a major life activity, then the person has a disability. If the impairment does not substantially limit the person, then it is just an impairment, not a disability. 2009 guidance: An impairment need not prevent or severely or significantly restrict a major life activity to be considered substantially limiting.
Disability = Impairment that Substantially Limits a Major Life Activity Major life activity includes caring for oneself, performing manual tasks, walking, hearing, seeing, speaking, breathing, learning, and working. In 2009, the list was expanded to include: Eating, sleeping, standing Lifting, bending Reading. Concentrating, thinking Communicating
Disability = Impairment that Substantially Limits a Major Life Activity An impairment need not prevent, or severely or significantly restrict, a major life activity to be considered substantially limiting. The ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses, cannot be considered when determining whether the impairment substantially limits a major life activity. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when in an active phase.
The Five Possible Eligibility Outcomes 1. Not eligible for 504 protections. 2. Eligible for 504 protections and needs 504 Plan. 3. Eligible for 504 protections, but does not require 504 Plan. 4. No longer eligible for 504 protections. 5. Eligible for 504 protections, but eligibility and needs are fully addressed by an IEP.
Common Eligibility Misconceptions Wrong: If the student gets good grades, the student cannot be eligible under Section 504. Wrong: If the student s health condition is controlled by medication, the student cannot be eligible under Section 504.
Why These Misconceptions Are Wrong A student is eligible if the student has an impairment that substantially limits a major life activity. Whether a student gets good grades or controls the impairment with medication or other means does not affect eligibility. Note: These factors are not relevant to eligibility. But they are relevant to whether the student needs a 504 Plan with accommodations or services.
The 504 Plan The 504 Plan must address: Nature of the disability and the major life activity it limits Basis for determining the disability Educational impact of the disability Necessary services and/or accommodations Placement in the least restrictive environment
The 504 Plan Students may have disabilities that present symptoms intermittently or episodically. In this case, the 504 Plan should anticipate that supports will be needed as and when symptoms present and establish a procedure for notification of teachers and others when the supports identified in the 504 Plan are needed.
Sample Accommodations (Non-exhaustive) Teaching Strategies Classroom Seating Class Schedule Adjustments Learning Aides Adjustments to Assignments/Testing Behavior Intervention Plans/Organizational Skills
Common Misconceptions about 504 Plans Wrong: 504 students are entitled to only reasonable accommodations, not services. Why wrong? An appropriate education under Section 504 requires regular or special education and related aids and services designed to meet the needs of disabled students as adequately as the needs of non-disabled students are met.
Common Misconceptions about 504 Plans Wrong: Teachers can decide which accommodations in a 504 Plan to implement in their classroom. Why wrong? If a classroom accommodation is stated in the 504 Plan, a teacher must provide it unless the Plan exempts the teacher s classroom from the accommodation.
Notification of Teachers and Staff The 504 Coordinator (or designee) provides a copy of the Plan to all teachers and other staff members who will provide the accommodations or services to the student. Staff members who receive a copy of the Plan must acknowledge receipt of the Plan and their understanding of their obligation to provide the listed accommodations.
Annual Review and 3-year Evaluation The 504 Team will review the student s 504 Plan annually and re-evaluate the student every three years. A review of a 504 Plan is also appropriate when the student moves to another District school or whenever there are indications that changes to the 504 Plan may be needed.
The Teacher s Responsibilities Assist in identification of students Provide input for evaluation/determination of 504 eligibility Participate as 504 Team member Implement 504 Plan as written Report any concerns about the 504 Plan to 504 Coordinator as needed Maintain accurate records that document compliance with 504 Plan
Special Considerations Discipline requirements are similar to those in special education Manifestation determination is required for patterns of discipline, suspensions over 10 days, and change of placement for disciplinary reasons. The 504 team should address problems related to grades, discipline, and absenteeism.
PROTECTING STUDENTS WITH DISABILITIES AGAINST DISCRIMINATION
Discrimination Prohibited Section 504 prohibits discrimination on the basis of disability. District will not tolerate disability discrimination. District employees have a duty to report discrimination against students with disabilities.
Discrimination Prohibited Discrimination includes exclusion, inferior treatment, or differential treatment of a student with disability that is not a justified response to the student s needs or capabilities. Actions do not have to be made with ill will or malicious intent to constitute discrimination.
PROTECTING STUDENTS WITH DISABILITIES AGAINST BULLYING AND HARASSMENT
Harassment Harassment violates Section 504 when: The harassment is based on a student s disability. The harassment creates a hostile environment or otherwise prevents the student from participating or benefiting from the school and its programs. The school knows, or should have known, about the harassment and does not take prompt and effective steps to end the harassment.
Harassment Harassment and bullying may violate Section 504 if abusive conduct (regardless of based on disability) denies the student with FAPE. If a student complains of harassment and bullying and there are adverse changes to the student s academic performance or behavior, an IEP or 504 meeting must be called to discuss changes to the student s Plan.
Harassment All MPS employees must promptly report, respond to, and address incidents of bullying and harassment. Failure to report harassment and bullying to an administrator who has authority to investigate or respond to it is a violation of District policy.
Harassment When harassment based on disability is reported, the administrator must properly document the complaint or report, its investigation, and the outcome using the Harassment Report form. All complaints of harassment based on race, color, national origin, religion, sex (including gender identity and sexual orientation), or disability, must be documented using the Harassment Report form.
Harassment The administrator must communicate the results of a disability harassment complaint to the student/parent who made the complaint. If the student/parent asks to review or obtain a copy of the Harassment Report form, the school may comply but all other students names must be redacted from the document.
Harassment The administrator must advise the student/parent who made the complaint of their right to appeal the outcome of the investigation. The Harassment Report form includes a full statement of the student s/parent s appeal rights.
Protecting Our Students Take a proactive stance against bullying. Do not ignore mean-spirited teasing, bullying and aggression, social exclusion, and cyberbullying behavior. Do not ignore students with anxiety and depressive or withdrawal symptoms bring it to the attention of administration. Report concerns about bullying/harassment immediately.
PROHIBITION REGARDING RETALIATION
Retaliation Prohibited Section 504 prohibits anyone from attempting to thwart the exercise of rights granted by Section 504. Protection from retaliation does not just apply to the student. It also protects parents and employees who advocate on the behalf of a student with a disability.
504 PROCEDURES FOR 504 SCHOOL COORDINATORS AT MPS
First Week of School Identify all students on your campus who have 504 plans or 504 protections and provide information to all teachers and staff who need to know about the student. Read 504 plans and identify any that need reviews.
Child Find Have a procedure in your school for referrals from teachers or other personnel Initiate an evaluation if there is a suspected disability Know when to refer for special education
504 vs. Special Education Students should be referred for a special education (I.D.E.A.) evaluation if the following conditions are present: a. Students needs fall under one of the categories of special education eligibility. (Example: a student with an intellectual disability.) b. There is a large gap between expectations and the student s performance. (Example: A child is falling far below in Math.)
504 vs. Special Education c. The team feels that the expertise of special education staff is needed to conduct the evaluation. (Example: A Speech Language Pathologist or Special Education teacher needs to offer expertise.) d. It is likely that the child will need specialized instruction. (Example: A student is not responding to instruction in the classroom. A student is so disorganized, that he needs instruction in strategies and skills in this area.) If you find evidence during the 504 evaluation that the child may meet the criteria for special education, the team should refer the child for a special education evaluation.
Tips Never say, We don t do that. Decisions for services and accommodations are made on an individual basis. Let data drive the accommodations you choose. Just because a parent asks for something is not a reason to provide it. The 504 team must CONSIDER requests from parents and then assess whether it is the best option based on what you know of the child and the environment.
Tips Be specific in your plan. Don t just say, preferential seating. Be clear about what that looks like. Differentiate among settings. A student may need something different in English class than he needs in Math class. Consider teacher input in your plan. Be sure it can be implemented. Have a way to show you have implemented the plan in case a parent asks.
Tips Adjust the plan if circumstances change. Be sure everyone who interacts with the student knows the plan and his/her role. Have a substitute teacher plan. Write the plan in terms of what your teachers and staff will do, not what the student and parent will do.
Tips Some accommodations may be offered contingently such as, upon student request, the teacher will allow one additional day for completion of Math homework. Avoid long lists of accommodations. Focus on what will really help the student access instruction. Don t offer more than the student needs. As a team, determine what is required, not just what is desired. There must be a link between the disability and the accommodation.
Writing the Plan
Handling Complaints Address the parent concerns Contact the district 504 coordinator Provide the family with a 504 complaint form and inform them of their rights Investigate and document claims of harassment and bullying immediately Cooperate with the Office for Civil Rights (OCR) in their investigation
What s New? Annual plan review Triennial Evaluation 504 Eligibility for Chronic Health Conditions Accommodations and Services if needed Use of Synergy SE for documentation (pilot) Child Find: Can t just wait for parent to ask Specific accommodations with clear definition Bullying/Disability Harassment
The End Questions?