The Implementation of Section 504 Supports and Services at Poudre School District

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The Implementation of Section 504 Supports and
Services at Poudre School District

• Developed by
• Dr. Steve Sandoval 10/02
• Revised, 11/04
• Darcie Votipka
• 504 Coordinator
• Student Services Director

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Brief Historical Perspective

• ADA Rehabilitation Act passed in 1973, but
  regulations for implementation went into effect
  in 1977 to prevent people working in
  federally-funded programs from discriminating
  against people with disabilities.
• School districts interpreted the act to mean that
  they must provide physical access for students
  with disabilities (e.g., installation of ramps,
  wider bathroom stalls, etc.).
• Over the past several years, OCR has broadened
  the definition of access to include more than
  just physical access.

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School Section 504 and the Americans with
Disabilities Act (ADA)
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Section 504
No otherwise qualified individual with a
disability in the U.S. shall, solely by reason
of his or her disability, be excluded from the
participation in, be denied the benefits of, or
be subjected to discrimination under any program
or activity receiving federal financial
assistance
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Not discriminating under the 504/ADA may mean

• Providing accommodations and
• Auxiliary aids and services
• to ensure equal access

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Auxiliary aids and services

• Qualified interpreters
• Note takers
• Transcription services
• Taped texts
• Readers
• Videotext displays
• Television enlargers
• Talking calculators

• Electronic readers
• Braille calculators, printers, typewriters
• Telephone hand set amplifiers
• Closed captioned decoders
• Open and closed captioning

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More Auxiliary aids and services

• Voice synthesizers
• Specialized gym equipment
• Calculators or keyboards with enlarged buttons
• Reaching devices for library use

• Raised line drawing
• Assistive listening devices or systems

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504/ADA Disability

• A person has a physical or mental impairment that
  substantially limits a major life activity.

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Major life activities

• Caring for ones self
• Walking
• Seeing
• Breathing
• Learning
• Performing manual tasks
• Hearing
• Speaking
• Working

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Also may be protected

• Persons with a record of an impairment
• Persons who are regarded as having an impairment.
• Note individuals in these categories usually
  are not entitled to accommodations

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Individuals with Disabilities Education Act
(Special Education)

• To provide a Free Appropriate Public Education
  An appropriate education means providing special
  education and the related services the student
  needs to benefit from the special education
  program. Services developed and provided through
  IEP.

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IDEA Disability(Special Education)

• Student has an impairment and needs, because of
  having the condition, special education and
  related services.

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Three-pronged Regulatory Definition of Disability
According to ADA

• Does a documented impairment exist?
• Is the documented impairment substantially
  limiting and
• What major life activity (e.g., learning) is
  substantially limited by the documented
  impairment?

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504 Evaluation/Placement Process

• Referral by parents, teachers, students,
  community agencies.
• School notifies (in writing) parents of reason
  and intent hold a 504 meeting.
• Parent consent for placement into 504 supports
  and services not required, but would be wise.

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504 Evaluation

• Required before student is placed (receives 504
  support).
• Reviewed periodically or upon request.
• Required before placement is changed (note
  graduation is a change of placement as is
  expulsion or suspension beyond 10 consecutive
  days or 10 days in a school year however,
  transition between school levels is NOT
  considered a change of placement.)

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Placement Process Summary

• Assessments completed (defined broadly by ADA).
• Eligibility determination is done by a team that
  includes persons knowledgeable about the student,
  meaning of assessment data, and placement
  options.
• Parent consent to services recommended.
• Services/accommodations designed on a 504 Plan.

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Recommended 504 Team

• Classroom teacher(s)
• Parents
• Child (when appropriate)
• 504 Site Coordinator and/or Principal
• Special Educators
• Office Managers
• Health Tech/Nurse
• Therapists
• Others as appropriate

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What goes on a 504 Plan?

• Specific, reasonable accommodations that enables
  students to benefit from educational programming.
• Identifies a documented disability that impacts
  major life activity.
• Developed by a team composed of staff member(s)
  who know the student and are knowledgeable about
  the disability.

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Asthma substantially limits breathing

• Reasonable
• Modify recess, PE
• Provide inhalant therapy assistance
• Administer medication as prescribed
• Develop health care and emergency plan
• Alternative recess as necessary

• Unreasonable
• Remove all possible school allergens
• Daily communication with notebook sent home from
  teacher
• Extra time to complete all homework
• Replace fluorescent lighting with black
  lighting.

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Arthritis pain limits performing manual tasks

• Reasonable
• Accommodate absences for doctors appointments
• Pencil grip
• Assistance carrying books
• Provide modified eating utensils
• Note taker, taped texts

• Unreasonable
• Hand massages every 30 minutes.
• All class work cut in half
• Purchase dictaphone computer for home use.
• Weighted vest

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Parent Procedural Safeguards

• To be passed out during initial 504 meeting.
• Notice of their rights
• Opportunity to review records
• Impartial hearing regarding the identification,
  evaluation, or placement of their child.
• Review procedures

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QUIZ   1. A student at PSD is in a special
education program for two years receiving speech
therapy. He progresses to the point where he no
longer needs special education services and is
placed out. Is he then eligible under Section
504?
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QUIZ   2. A student is recently diagnosed with
ADHD. What service options are there for her
and what would make you consider one option over
the others?
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QUIZ   3. The primary purpose of Section 504, as
it relates to students in school, is to help
students do better academically.   TRUE or FALSE
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QUIZ   4. Students who are regarded as having an
impairment or have a prior record of an
impairment (but no longer have an impairment) are
eligible for Section 504 accommodations.   TRUE
or FALSE
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QUIZ  5. A physician who has made a medical
diagnosis of a child who has enrolled at your
site can single-handedly make kids eligible for
Section 504 accommodations.   TRUE or FALSE
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• QUIZ
•  6. Approximately what percentage of school-age
  students nationwide should be eligible for
  Section 504 accommodations?
• a. 1 - 2
• b. 3 - 4
• c. 5 - 6
• 7 - 8
• 9 - 10

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QUIZ  7. A student whose seizure disorder is
controlled with medication should automatically
be eligible for Section 504 accommodations.   TRUE
or FALSE
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QUIZ   8. Section 504 supports and services are
solely the responsibility of regular
education.   TRUE or FALSE
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QUIZ   9. For a student who is not eligible for
special education or Section 504 supports and
services, can s/he receive individualized
accommodations by her classroom teacher if it
seems warranted?
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QUIZ   10. Private school students who are
eligible for Section 504 accommodations are
required a 504 Plan at their site.   TRUE or
FALSE
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504 Website Resources

• www.psdschools.org (click on Document Library,
  then click on Student Services Forms
• www.cde.state.co.us (CDE Section 504/ADA
  Guidelines)
• www.ed.gov/offices/OCR (OCR website)