Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973
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Section 504

• Est. As Part of the Rehabilitation Act of 1973
• No otherwise qualified individual with handicaps
  in the United States shall solely by reason of
  his/her handicap, as defined in Section 706(8) of
  this title, 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 or under
  any program or activity conducted by any
  executive agency or by the United States Postal
  Service.
• (29 U.S.C. Sec. 794)

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Section 504 vs. IDEA

• IDEA is a subset of 504
• Both provide for non-discrimination
• Both provide for FAPE
• Both require least restrictive environment
• IDEA-funds 504-no funds
• IDEA-specific categories 504-non-specific

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Section 504

• Requires non-discrimination
• Employment
• Physical accessibility
• Services to students

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Who is a 504 Person/Student

• 504 Regulation 34 CFT 104.3(j-l) defines
• a person with a disability as any person who
  has a physical or mental impairment that
  substantially limits one or more major life
  activities, has a record of such impairment, or
  is regarded as having such impairment.
  

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504 Requirements

• In determining whether a students disability
  substantially limits a major life activity
  entitling the student to FAPE, the District will
  typically focus on
• Learning
• Behavior

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504 Requirements (Program)

• 504 coordinator
• Referral form
• Parental Consent Form
• Notice of Parent Rights
• Notice of Meeting Form
• Evaluations
• Appeal process for parents
• Individual Accommodation Plan (IAP)

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Referral Analysis

• What problems does the child show?
• What are the childs grades/scores?
• Are there any discipline referrals?
• Signs of a disability?
• Prior attempts at informal modifications?
• Documents needed
• Completed referral form
• Notice of Parents Rights
• Parental Consent?

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The 504 Multi-disciplinary Team Process

• Choose multi-disciplinary team members
  knowledgeable about the child (always include
  teachers that will be impacted by accommodation
  plan).
• Remember, if the principal/superintendent are a
  part of the initial team, this will impact the
  grievance process.
• Choose a chairperson of the meeting prior to the
  meeting (if there isnt a permanent chairperson).

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The 504 Multi-disciplinary Team Process

• Define the conduct and process of the meeting
• Explain that the process is completely different
  than an IEP meeting.
• Explain that neither the parent nor the advocate
  is a part of the schools multi-disciplinary
  team.
• Explain that the multi-disciplinary team decides
  on the appropriate accommodations.
• Explain that the team may hear the parents
  and/or advocates (or even the doctors)
  recommendations however, the team decides the
  qualifications and the accommodations, if any.

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The 504 Multi-disciplinary Team Process

• Read the Section 504 Rights to the parent and
  student (if necessary, have an interpreter
  present, if possible, to translate).
• Examine all data to determine qualifications, if
  any.
• The parent may provide input as to behaviors
  observed that will assist the team in making its
  decision.
• If the team finds that the student does not have
  a mental or physical disability that
  SUBSTANTIALLY limits one or more major life
  activities, the team informs the parent and/or
  the advisor and explains why.

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The 504 Multi-disciplinary Team Process

• The team examines criteria to ensure that the
  student qualifies for Section 504 (i.e., the
  student has a physical or mental disability,
  which SUBSTANTIALLY limits one or more major life
  activities).
• If the student does qualify, the team discusses
  the students needs to provide appropriate
  accommodations that will provide equal
  opportunity (not necessarily the same) for
  participation in the learning process.

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The 504 Multi-disciplinary Team Process

• If the student does qualify, the team decides on
  appropriate accommodations for the student from
  the Menu of Services and 504 Accommodation forms.
• Include parent and student responsibilities in
  plan (to ensure and maximize success).
• Remember the student is only eligible to
  receive special education accommodations if
  he/she qualifies (use IEP process in that case).
• Explain that the parent does not have to agree to
  the plan in order for the team to proceed with
  providing accommodations for the student.

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The 504 Multi-disciplinary Team Process

• Explain the grievance process.
• Be sure to have the parent(s)/guardian(s) sign to
  the fact that his/her/their rights have been
  explained and that a copy of these rights has
  been provided to him/her/them.
• Tell the student and the parent/guardian that the
  formal written plan (if the student qualifies)
  will be sent.
• If the student does not qualify, or qualifies but
  does not require accommodations at this time,
  inform the parent at the meeting (follow-up in
  writing) and plan to review the case at least
  once within the year.

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The 504 Multi-disciplinary Team Process

• If the student does not qualify, consider
  providing 252 intervention services that would
  improve where needed (e.g., attendance, behavior
  and academic achievement).
• Once a plan has been written, monitor to ensure
  that
• accommodations are implemented.
• interventions and accommodations are successful
  (revise plan as needed).
• annual review is completed.

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Dont Forget

• The accommodations are devised by the 504
  Multi-disciplinary Team made up of persons
  knowledgeable about the student.
• Obtain all the signatures.
• Be sure to include End of Service dates.
• Give parents the Rights Notification
  page/pamphlet.
• Send the meeting notices.

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Recommendations

• Annual review is required and modifications of
  the plan should be implemented where needed.
• Be cautious about offering accommodations which
  become funding issues, e.g., a lap top computer
  will be provided to student.

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Key Areas of Concern

• Extracurricular activities
• Student Discipline
• Coordination