What is Section 504

1
What is Section 504?

• Section 504/ADA prohibits discrimination against
  persons with disabilities, including both
  students and staff members, by school districts
  receiving federal financial assistance. Even if
  the program in question does not receive those
  funds.

2
Bridging the Gap

• All people who are considered disabled under the
  Individuals with Disabilities Act(IDEA) are
  considered disabled under section 504.

• Students do not need to qualify for IDEA to
  qualify for 504

3
How is Section 504 different from
IDEA(Individuals with Disabilities Act)?

• IDEA
• specified types of disabilities
• condition(s) require(s) special education
• receives federal funds

• Section 504
• broadly written
• requires accommodations be made
• needs to effect only one major life function
• no funding

4

• What are Major Life Activities?

• Manual tasks

• Walking

• Seeing

• Hearing

• Speaking

• Breathing

• Learning

• Working

5
What qualifies someone for Section 504?

• Communicable diseases--HIV, Tuberculosis
• ADD/ADHD
• Medical Conditions--juvenile arthritis, asthma,
  diabetes, heart disease
• Temporary Medical Conditions--broken leg, return
  from surgery, homebound
• Behavioral Difficulties
• Drug and Alcohol Addictions if no longer on
  substance
• Parent are disabled

6
Evaluation Process

• Any parent, guardian, or qualified adult may make
  a recommendation for evaluation
• The evaluation may only begin after consent from
  parents is given
• The evaluations must be sufficient to accurately
  and completely assess the nature and extent of
  the disability and the recommended services
• Must come from a variety of sources in the area
  of concern--i.e. medical or DA counselor
• May be more limited than a full special education
  evaluation

7
Placements

• Made by a Group of individuals knowledgeable
  about the student, the evaluations and the
  placement options
• Does not require a written plan--but is good
  professional practice
• Should be made with non-disabled peers whenever
  possible

8
Types of Accommodations

• Communication
• Modification of Instructional Day
• Alternative Teaching Strategies--telecommuting to
  class
• Environmental Issues--air purifiers, temperature
  controls
• Health Issues--administer medication, provide
  special diets
• Hearing
• Mobility

9
Ability to Discipline

• Must have a reevaluation before removing more
  than 10 days
• Must determine nexus with disability if one
  exists student may not be removed for more than
  10 days
• Does not have an automatic right to remain in
  current placement

10
Services

• Not required to make all facilities available
• May meet conditions by changing classroom
  location, redesigning equipment assigning an aide

11
Notice

• Must be given to parent/guardian regarding
  identification and placement--does not need to be
  in writing
• Must be given for significant changes in
  placement
• Regarding their rights and their students rights

12
Special Conferences

• Transition Conferences are not required
• Documentation of disability and accommodations
  made must be given upon exit from high school
• Must advise student and parent of possible rights
  in the workplace under Section 504 and the ADA

13
Due Process

• Requires Districts to provide impartial hearing
  for parents guardians who disagree with an
  identification, evaluation or placement
• Must allow counsel
• Incorporates protection from retaliation,
  intimidation, coercion, and discrimination under
  Title VI of the Civil Rights Act

• If a child is eligible under IDEA but the parents
  refuse and request Section 504, the district does
  not have to comply. Refusal of IDEA amounts to
  refusal of Section 504

14
Roles of School Personnel

• School Board

• Policy on Nondiscrimination
• Grievance Procedure
• Hearing Procedures

• School Principals, Certified and Classified
  Staff

• Superintendent

• Designate 504 Coordinator
• Annual Notice to Parents/Students
• Continuing Notice to Students/Employees

• Nondiscriminatory Practices in the Classrooms
• Referral/Identification/Evaluation
• Encourage Parent Involvement
• Program Modifications and Accommodations

• 504 Coordinator

• Coordinate Section 504 Procedures
• Provide Staff Training
• Manage Section 504 Grievance Procedures

15
Greivances

• All schools with 15 or more employees must have a
  grievance officer and procedures to investigate
  complaints

16
How to avoid a Section 504 Greivance
17
How to handle an OCR Complaint

• Try to obtain the name of a complainant, student,
  and problem if refused get through Freedom of
  Information Act
• Try to resolve via phone investigation by
  requesting an Early Complaint Resolution (ECR) to
  avoid an on-site investigation and an official
  letter of finding. OCR officer should get a copy
  of the statement of resolution signed by the
  complainant

18
How to handle an OCR Complaint (contd)

• If there is an on-site investigation
• attempt to keep it on target
• dont allow the complaint to change or multiply
• If fault is found try to negotiate a Corrective
  Action Plan
• to avoid an official letter of finding
• DO NOT contact the parent or complainant w/o OCR
  involvement

19
Worst part of Section 504

• NO FUNDING causing districts to create a line
  item for 504 services

20
Best Thing

• 31--no cost

• 50--less than 50

• 15--less than 100

• 4---less than 1000