Section 504 Basic Concepts

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Section 504 Basic Concepts

• Fall 2009
• Silver Falls School District

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• Section 504 of the Rehabilitation Act of 1973 is
  a federal civil rights statute, which provides
• No otherwise qualified individual with
  disabilities in the United States shall solely
  by the reason of his/her disability, be excluded
  from the participation in, be denied the benefits
  of, or subjected to discrimination under any
  program or activity receiving federal financial
  assistance. 29 USC704

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Relationship between general education students,
504 education students, and special education
students.

• General Education only students

• 504 students

• Special education students

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Who qualifies for a Section 504?

• Any student who has physical or mental impairment
  that substantially limits a major life activity.

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What determines substantially limits?

• Student must be unable to or significantly
  restricted as to the condition, manner or
  duration under which he/she can perform (the
  major life activity) as compared to the average
  person.
• Person who takes inordinately more time than
  others to complete a task (ADA)
• Factors team should consider in making decision
• Nature/severity of the impairment,
• Duration/expected duration of the impairment,
• Permanent/long term impact resulting from the
  impairment.

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What are major life activities?

• Major life activities (regulatory list)
• Seeing, hearing, speaking, breathing, walking
• Caring for oneself, performing manual tasks,
• Working, learning.
• Major life activities (determined by courts)
• Reproduction (and accompanying activities)
• Reading, writing
• Thinking, concentrating, sleeping
• Interacting with others
• Characterized on a regular basis by severe
  problems, for example consistently high levels of
  hostility, social withdrawal, or failure to
  communicate when necessary.

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What is a accommodation?

• Accommodation that are needed so the student can
  access the educational curriculum.
• General examples
• Large print/Braille books for visually impaired
• Interpreter for the deaf or hard of hearing
  impairment
• Wheel chair ramp for physical impairment
• Assessment examples
• Present information orally
• Extended time or multiple test sessions.

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How do 504 IDEA compare?

• Section 504
• Civil Rights Act
• No federal funding
• Basic state school funding
• 504 Coordinator
• Substantially limits
• Accessibility regulated
• Evaluation from variety of sources
• Reevaluation required before significant change
• No provision for independent evaluation
• Requires grievance procedure
• Requires due process

• IDEA
• Education Act
• Federal funding formula
• Increased state support
• Special Education Director
• Specific categories
• Requires modifications
• Comprehensive evaluation assessing all related
  areas
• Reevaluation required every three years
• Provides for independent evaluation if
  disagreement
• No grievance procedure req.
• Requires due process

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How do 504 IEP plans compare?

• 504 Plans
• Education designed to ensure equal opportunity
• Regular education with accommodations and
  modification
• Team knowledgeable about child (teachers,
  counselor, building administrator, others as
  dictated by impairment analysis and/or
  accommodation

• Individual Ed. Plans
• Education designed to confer benefit performance
• Specially designed instruction to mitigate
  adverse performance impact
• Team knowledgeable about child and assessment
  related to suspected disability (teachers,
  counselor, special education teachers and aides,
  other specialists

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Key Factors for Compliance

• When a Section 504 eligibility is being
  considered the parent must be informed of the
  referral. Use the Parent Notification of Section
  504 Team Referral form to inform parents of this
  referral. At this time, the parent must also
  receive a Section 504 Informational Notice.
• Section 504 Informational Notice must also be
  provided to the parents at 504 eligibility
  meeting as well as the 504 annual review meeting.
• In order to take into consideration the familys
  schedule, coordinate 504 eligibility meetings
  and 504 annual review meetings by consulting with
  the parent regarding day and time of these
  meetings. Once a time has been confirmed, send
  home Section 504 Notice of Conference form pages
  1 and 2.

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Key Factors for Compliance cont

• Once a 504 eligibility has been established, send
  home the Notice of Eligibility for 504 Services
  form.
• The 504 team, which includes the parents uses,
  the Section 504 Eligibility, Review,
  Accommodation/Intervention Plan form to establish
  504 eligibility as well as document the
  appropriate accommodations/modifications.
• Once the Section 504 Eligibility, Review,
  Accommodation/ Intervention Plan form has been
  completed, all team members sign this document.
  An original copy of this document is filed in the
  students cum file. The parent as well as all
  appropriate team members receive a copy of this
  document.
• A Section 504 Eligibility, Review, Accommodation/
  Intervention Plan is developed each year, if the
  student continues to meet the Section 504
  eligibility requirements.