Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973

• School Counselor
• Regional Workshops, 2007
• Presented by Amanda Snobarger
• School Counselor Consultant
• Indiana Department of Education

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Civil Rights and Legislation

• Civil Rights Act of 1964
• Brown vs. the Topeka, Kansas Board of Education
• Rehabilitation Act of 1973 (504th Section)
• P.L. 94-142
• 1990 IDEA P.L. 101-476
• 1991 Add ADD/ADHD
• 1992 Section 504 amended Americans with
  Disabilities Act
• 1997, 2004 IDEA reauthorized
• 2001 No Child Left Behind

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Section 504 includes any individual who

• Has a physical or mental impairment that
  substantially limits one or more major life
  activity (activities such as self-help, walking,
  seeing, hearing, speaking, learning and working)
  OR
• Has a record of such an impairment OR
• Is regarded as having such an impairment

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Process for determining eligibility

• Referral for evaluation made by parent or school
  personnel
• Meeting is held to discuss referral with the
  parent. Written parental consent is required to
  conduct an evaluation.
• Evaluation
• Conference

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504 Conference

• Discuss evaluation information
• Determine whether student needs eval. for special
  education services
• Determine whether student is eligible for
  services under Section 504
• If eligible, identify needs, develop a plan for
  placement and services 504 Plan and determine
  appropriate placement
• Explain parent and student rights

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• Section 504 does not require an annual review or
  a reevaluation every 3 yrs.
• Students needs must be met
• Evaluation must be done prior to any significant
  change of placement
• School corp. must have procedures for periodic
  re-eval.
• School must provide opportunity for due process
  hearing and a review or appeal

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• No state agency charged with monitoring or
  enforcing compliance with Section 504
• U.S. Department of Educations Office for Civil
  Rights (OCR) is responsible for ensuring school
  compliance with Section 504.
• OCRs Midwestern Division (Chicago, IL) serves IN

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Examples of what might Qualify a Student

• Physiological disorder or condition,
• Cosmetic disfigurement, or
• Anatomical loss affecting one or more of the
  following body systems
• Neurological musculoskeletal special sense
  organs respiratory, including speech organs
• cardiovascular reproductive digestive OR
• --any mental or psychological disorder such as
  mental retardation, organic brain syndrome,
  emotional or mental illness, or specific learning
  disabilities.

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Accommodations vs. Modifications

• Accommodations Basis for Section 504
• Do not change what is being measured
• Modifications Basis for IDEA
• Do change what is being measured

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Accommodation Examples

• Diabetic
• Bathroom Pass
• Water, Snacks Allowed
• Check blood sugar when needed
• Trips to Nurse
• Example
• ADD
• Extended Time Separate Setting on Tests
• Seat with least amount of distractions
• Example
• Other Examples
• Repeating simplifying instructions
• Supplementing verbal with visual instructions
• Using tape recorders
• Computer aided instruction
• Possible modification in P.E.

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Frequently asked Questions

• Once a student is identified as eligible for
  services under Section 504, is that student
  always entitled to such services?
• No. The protections of Section 504 extend only
  to individuals who meet the regulatory definition
  of a person with a disability. If a recipient
  school district re-evaluates a student in
  accordance with section 504 regulation and
  determines that the students mental or physical
  impairment no longer substantially limits his/her
  ability to learn or any other major life
  activity, the student is no longer eligible.

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Are there impairments which automatically qualify
a student for protection under Section 504?

• No. An impairment in and of itself does not
  qualify a student for protection under Section
  504. The impairment must substantially limit one
  or more major life activities in order to qualify
  a student for protection under Section 504.

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Can a medical diagnosis suffice as an evaluation
for the purpose of providing FAPE?

• No. A physicians medical diagnosis may be
  considered among other sources in evaluating a
  student with a disability or believed to have a
  disability which substantially limits a major
  life activity. The illness must cause a
  substantial limitation of the students ability
  to learn or other major life activities. A
  student also wouldnt qualify if the illness only
  resulted in some minor limitation. Other sources
  to be considered, in addition to the medical
  diagnosis, include aptitude and achievement
  tests, teacher recommendations, physical
  condition, social and cultural background, and
  adaptive behavior.

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How should a school handle an outside independent
evaluation?

• The results may be one of the many sources to
  consider. All significant factors related to the
  subject students learning process must be
  considered. This might include aptitude
  achievement tests, teacher recommendations,
  physical condition, social and cultural
  background, adaptive behavior. Information
  from all sources must be documented considered
  by knowledgeable committee members. The weight
  of the information is determined by the committee
  given the students individual circumstances.

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What should a school do if a parent refuses to
consent to a case study evaluation under IDEA,
but demands a Section 504 plan for a student
without further evaluation?

• Section 504 requires informed parental permission
  for initial evaluations. If a parent refuses
  consent for an initial evaluation and a recipient
  school district suspects a student has as
  disability, the IDEA and Section 504 provide that
  school districts may use due process hearing
  procedures to override the parents denial of
  consent.

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Who in the evaluation process makes the ultimate
decision regarding a students eligibility for
services under Section 504?

• The Section 504 regulation requires that the
  determination that a student is eligible for
  special education and/or related aids and
  services be made by a group of persons, including
  persons knowledgeable about the meaning of the
  evaluation data and knowledgeable about the
  placement options. If a parent disagrees with
  the determination, he or she may request a due
  process hearing.

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Once a student is identified as eligible, is
there an annual or triennial review requirement?

• Periodic re-evaluation is required. This may be
  conducted in accordance with the IDEA regulation,
  which requires re-evaluation at three-year
  intervals or more frequently if conditions
  warrant, or if the childs parent or teacher
  requests a re-evaluation.

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How should a recipient school district regard a
temporary impairment?

• A temporary impairment does not constitute a
  disability for purposes of Section 504 unless its
  severity is such that it results in a substantial
  limitation of one or more major life activity for
  an extended period of time.

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If a student qualifies for services under both
IDEA Section 504, must a school district
develop both an IEP and a Section 504 Plan under
Section 504?

• No. If a student is eligible under IDEA, he or
  she must have an IEP. Under the Section 504
  regulations, one way to meet Section 504
  requirements is to comply with IDEA.

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What is the difference between a regular
education intervention plan and a Section 504
plan?

• A regular education intervention is appropriate
  for a student who does not have or is not
  suspected of having a disability but may be
  facing challenges in school.

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Can a child still be disciplined under Section
504?

• Yes. Children under Section 504 are still
  expected to follow the districts student code of
  conduct. However, when disciplining a child
  under Section 504, schools must consider the
  relationship between the disability and the
  misbehavior if the child is going to be removed
  from the regular setting for longer than 10 days.
  This doesnt mean that a student with a
  disability cant be sent to a discipline center
  or that they cant go to in-school or out of
  school suspension. Very strict guidelines exist
  for schools in discipline issues with students
  who have a disability under Section 504.
  Children having disabilities with behavioral
  components should have individual discipline
  plans as well as BIPs.

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What are the responsibilities of regular
education teachers with respect to implementation
of Section 504 plans? What are the consequences
if the district fails to implement the plans?

• Teachers must implement the provisions of Section
  504 plans. If the teachers fail to implement the
  plans, such failure can cause the school district
  to be in noncompliance with Section 504.

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What procedural safeguards are required under
Section 504?

• Recipient school districts are required to
  establish and implement procedural safeguards
  that include notice, an opportunity for parents
  to review relevant records, an impartial hearing
  with opportunity for participation by the
  student's parents or guardian, representation by
  counsel and a review procedure.

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Lawsuits Rulings

• Substantial limitation, not parental pressure
  must drive eligibility
• Students for whom districts have developed
  Section 504 Plans are entitled to hearings to
  determine whether their conduct was a
  manifestation of their disability
• Failure to evaluate student, violates 504

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Sample Forms

• IDOE Certificate of Incapacity http//www.doe.stat
  e.in.us/sservices/pdf/ChildsIncapacityForm.pdf
• OCR Complaint Form http//wdcrobcolp01.ed.gov/CFA
  PPS/OCR/complaintform.cfm
• Learn More Resource Center website
  http//www.bcsc.k12.in.us/docssection504/

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Resources

• Office for Civil Rights (March 2005). Protecting
  Students with Disabilities. Retrieved August 24,
  2007 from http//www.ed.gov/about/offices/list/ocr
  /504faq.html
• Students with Disabilities Preparing for
  Postsecondary Education Know Your Rights and
  Responsibilities http//www.ed.gov/about/offices
  /list/ocr/transition.html
• Livovich, M. (2004). A Public School Manual
  Providing Access to Individuals with
  Disabilities. Indiana Partners for Educational
  Reform.
• Federal Law http//ecfr.gpoaccess.gov/cgi/t/text
  /text-idx?cecfrtpl/ecfrbrowse/Title34/34cfr104_
  main_02.tpl