Serving Students Under Section 504

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Serving Students Under Section 504

• Presented by the
• EDUCATIONAL EQUITY COMPLIANCE OFFICE
• [phone]

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What Is Section 504?

• Section 504 is a civil rights statute that
  prohibits discrimination/harassment on the basis
  of a disability

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NONDISCRIMINATION STATUTES

• Title II of the Americans with Disabilities Act
  1990
• Section 504 of the Rehabilitation Act of 1973

• Title VI of the Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972

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THE STATUTE

• No otherwise qualified handicapped individual
• . . . shall, solely by reason of his handicap,
• be excluded from participation in,
• be denied the benefits of,
• or be subjected to discrimination under any
  program or activity receiving Federal financial
  assistance . . .
• --29 U.S.C. Subsection 794 (1973)

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Section 504 definitions of an individual with a
disability

• Is defined as any person who
• Has a physical or mental impairment which
  substantially limits one or more major life
  activities
• Has a record of such an impairment or
• Is regarded as having such an impairment.

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Major Life Activities

• Functions such as caring for ones self
• Performing manual tasks
• Walking, seeing, hearing, speaking, breathing,
  learning and working.

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NON-DISCRIMINATION STATUTES

• ARE ENFORCED BY THE U.S. DEPARTMENT OF EDUCATION,
  OFFICE FOR CIVIL RIGHTS

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What About Temporary Disabilities?

• The proper question is not whether the
  impairment is temporary or permanent rather, the
  appropriate inquiry is whether the impairment
  substantially limits one or more major life
  activities.
• Letter to Wright (OCR 1993)

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Preparing for the Section 504 meeting

• The team should be knowledgeable about the
  student and
• The evaluation data that is drawn from a variety
  of sources

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Evaluation data from a variety of sources

• Examples
• health records
• standardized test scores/class test scores
• informal checklists
• report cards
• parent/teacher reports and observations
• student work samples/student input
• disciplinary records
• prior special education testing results (if
  student is not eligible for special education)
• cumulative records

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Conducting the Section 504 Evaluation Meeting

• Does the student have a physical or mental
  impairment?
• Does the impairment affect one or more of the
  major life activities?
• Does the impairment substantially limit the major
  life activity?

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CAUTIONS . . .

• FIRST Remember that Section 504 Teams are not
  diagnosing. They are making an educational,
  not a medical, determination
• SECOND Outside evaluations are not generally
  required.

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If the student meets the federal definition of
disabled and requires accommodations to access a
free appropriate public education

• Then a Section 504 Plan is developed

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Accommodation

• Accommodationrefers to a change in the
  educational setting, materials, and/or strategies
  that does not significantly alter the content of
  the curriculum or level of expectation for
  students performance and which allows students
  to access the general education curriculum.

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Developing a Section 504 Plan

• Be sure that the accommodations are succinct and
  realistic
• Indicate the exact amount of time when extending
  the time for tests, and classroom/homework
  assignments
• Accommodations should be included that are
  required on a systemic and consistently
  implemented basis

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Periodic Re-evaluations

• A school site should re-evaluate a student
  with a Section 504 plan periodically or at least
  every three years

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Discrimination/Harassment

• The District will promptly investigate
• all claims of disability-based
  discrimination/harassment and take reasonable
  actions to stop future recurrence

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Accessibility . . .How old are your buildings?

• Buildings constructed
• before 1977 satisfy
• Section 504 by
• Moving classes,
• Changing schedules
• Ensuring access to
• programs and
• activities

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Grievance Procedure . . .

• Note
• The existence of the Districts grievance
  procedure does not alter the right of any
  individual or group of individuals to file a
  formal complaint with the Office for Civil Rights
  (OCR)

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Procedural Safeguards

• Identification, evaluation, or placement
  decisions may be appealed by submission of a
  written request
• Mediation may be used to resolve areas of dispute
• A Section 504 impartial hearing may be requested
• After mediation or impartial hearing, a written
  decision must be provided to person making the
  appeal