SECTION 504 of the Rehabilitation Act:

Determining Eligibility and Implications for School Districts

Presented by:

Joan Kern & David Marks

What is Section 504?

The Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a federal statute that prohibits discrimination against persons on the basis of their disability by institutions, such as Mesa Public Schools, that receive federal assistance.

Section 504’s purpose is, among other things, to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students.

If a student is covered by Section 504, Mesa Public Schools must provide such accommodations as are necessary to ensure that the student has equal access to services, programs or activities offered by our schools.

Section 504 is NOT Special Education

IDEA The student must have a

disability that falls into one or more specific qualifying conditions.

The student’s disability must adversely affect educational performance.

Full, comprehensive evaluation, including psychological evaluation.

Parent consent required Strict timelines

Section 504 The student must have a

physical or mental impairment.

The student’s disability must prevent equal access to or benefit from the school’s programs or services.

Evaluation using relevant information from a variety of sources. Decision by a group of knowledgeable persons.

Parent consent required “Reasonable” timelines

Can’t Have Both…

It should be noted that students who qualify for special education services under the

IDEA Act will automatically qualify as a handicapped person under Section 504.

Their Individualized Education Plans (IEPs) will satisfy the requirements of an

accommodation plan.

Section 504 has 3 Prongs

A physical or mental impairment…

That affects a major life activity…

In a substantial way…

Section 504 Eligibility

Section 504 Evaluation

Mental or Physical Impairment:1. A doctor’s note on a

prescription pad IS enough for diagnosis.

2. “Needs 504 Plan” is NOT enough.

Major Life Activity:OCR has defined this as any

activity that is performed in daily life: caring for oneself,

performing manual tasks, breathing, hearing, seeing, learning, speaking, walking, working, eating, sleeping, standing, lifting, bending, reading,

concentrating, thinking and communicating.Substantial Limitation:

After the existence of the impairment is documented, how does it substantially limit a major life activity?

Pervasive across learning environments?

Significantly impairs access

Evaluation:

An evaluation must be performed by a team of knowledgeable people; may include parent, school staff, outside experts.

Eligibility

If the student is NOT eligible for Section 504, use common sense and best practices to

identify differentiated learning strategies to assist the student in succeeding.

Ensure that your Section 504 evaluation is thorough enough to withstand a challenge,

especially in AIMS assessment and disciplinary proceedings.

504 Accommodation Plan

What is it?

A (written) plan that lists the necessary accommodations to minimize the impact of the impairment. The goal is to level the playing field and grant equal access.

Accommodations, not modifications

504 Accommodation Plan

Who creates it? Whoever works with the student (think outside

the box to include the bus driver, cafeteria staff, lunch monitors) that might encounter a situation where the impairment manifests itself.

Consider all school environments and requirements.

Get input from a variety of sources, including the nurse, student, parent.

504 Accommodation Plan

Who gets a copy of it?

Each teacher serving the student (don’t forget second semester teachers)

Other school staff who will need to implement provisions of the Plan (bus drivers, lunch aides, nurse, etc.)

Student, if able to understand and self-advocate

504 Accommodation Plan

Where is it kept?

Cumulative file, so it is sent along with other records when records are requested by another school

A copy is sent to Student Services Center Teachers’ plan books (available to subs) FERPA applies

504 Accommodation Plan

When must the plan be reviewed?

Good practice is once a year If classes are changed or added that may

have an impact on the Plan’s appropriateness/effectiveness

If the impairment changes significantly If the building/class location changes

504 Accommodation PlanWhat Does It Look Like?

MESA PUBLIC SCHOOLS

* * CONFIDENTIAL * *

SECTION 504 STUDENT ACCOMMODATION PLAN

Student Name: _________________________________ School: ________________________________________________ Student #: __________ Date of Birth: _______________ Age: _______ Grade: ______ Year: ______________________ Date 504 Plan Initiated: __________________________ Date 504 Plan should be reviewed: ______________________ Qualifying Disability __________________________________________________________________________________________

Area(s) of Need Accommodation(s) Person Responsible

Describe location of services, if other than the classroom setting and the reason(s) necessary, or any other relevant information:__________________________________________________________________________________________________________________________________________________________________________________________

Participation of Eligible 504 Student in AIMS/Terra Nova Standardized Testing: AIMS for 3rd through 12th Graders and Terra Nova for 2nd and 9th Graders: The student should take AIMS/Terra Nova under routine conditions, without any accommodations. The student should NOT take AIMS/Terra Nova under routine conditions and is eligible for the following Standard

Accommodations (as outlined by the Arizona Department of Education and reprinted on the Addendum) that are consistent with the instructional accommodations used in the student’s educational program.

If the second line is checked, please identify which standard accommodations on the MPS Addendum to Section 504 Student Accommodation Plan the team has selected and attach.

My signature indicates that I have been informed and received notice of this Accommodation Plan and further acknowledges that I am familiar with my responsibilities pursuant to Section 504 of the Rehabilitation Act of 1973.

Participant Signature Position/Title Date

Send hard copy of this completed form to the District 504 Coordinator at the Student Services Center. 504-7 (Rev. 09/06)

‘Child Find’ Responsibilities

A recipient that operates a public elementary or secondary education program or activity shall annually…

Don’t forget ‘Child Find” on your campus and in your classrooms…

Do YOU know HOW to refer a student for Section 504?

The Section 504 ReferralMESA PUBLIC SCHOOLS

SECTION 504 EVALUATION REFERRAL

Student Name: School:

Date of Birth: Student #: Grade Level:

1. Please state the nature of your concern(s):

A. Academic concern(s):

B. Behavioral concern(s):

C. Major life activity that may be limited (e.g., walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself and/or performing manual tasks):

2. Please describe any supporting observations (including academic, behavioral or other concerns).

3. Please describe any interventions that have been tried at home or at school.

4. Please attach a copy of the student’s most recent grades and/or standardized test scores, if

available. Also, attach any medical documentation that supports the student’s physical or mental disability.

Signature of Person Making Referral

Title

Date of Referral

FOR DISTRICT USE ONLY:

ACTION TAKEN: Notice sent to parent(s) to conduct a 504 evaluation on (date) . 504 Team Leader (school principal or his/her designee) determined not appropriate to conduct a 504

evaluation at this time because on (date) .

Go to MPS Home Page Click on Departments Click on Student

Services Center Click on Manuals and

504 Forms All parent forms are

translated to Spanish and posted on the internet AND intranet

Parent Friendly

The Section 504 Referral

No right to Section 504 Plan on demand;

Section 504 Evaluation is reasonable

Seek information in the referral that addresses these questions:

kinds of problems that are occurring, disciplinary interventions, attendance, student’s grades/test scores…

Consider referring students dismissed from IDEA or referral to IDEA, but not eligible

Section 504 Eligibility DeterminationMESA PUBLIC SCHOOLS

SECTION 504 ELIGIBILITY DETERMINATION REPORT Student Name: Student #: Grade Level: Date: School: [ ] Initial Section 504 Evaluation [ ] Section 504 Reevaluation

ELIGIBILITY: Based on the evaluation data gathered from a variety of sources, the Section 504 Team answered the following

questions to determine Section 504 eligibility.

1. Yes No Does the student have a physical or mental impairment? If so, check the impairment. The Section 504 regulations define a “physical or mental impairment ” as any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems:

neurological, musculoskeletal, special sense organs, respiratory, speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine, or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional illness, mental illness, specific learning disabilities, or other. If “other”, then state: .

2. Yes No Does the physical or mental impairment affect one or more major life activities? If so, which major life activity or activities are affected? To fall within the protection of Section 504, a student’s physical or mental impairment

must have a substantial limitation (permanent or temporary) on one or more major life activities: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking,

breathing, learning, or working.

3. Yes No Does the physical or mental impairment SUBSTANTIALLY limit a major life activity? That is, as a result of the physical or mental impairment, is the student significantly restricted as to the condition, manner or duration under which the student can perform a particular major life activity as compared to the condition, manner or duration under which the student of the same age/grade level in the general population can perform that same major life activity? Use the following questions only to support the 504 Team’s determination of a substantial limitation.

On District outcome assessments, are student’s skills markedly below average?

On grade reports, is there an overall pattern of poor grades (significantly below average D’s and F’s)? On group-administered standardized achievement tests, does student score below average? Has student received disciplinary action for inappropriate behavior? Does student have special health care needs (medication, allergy, etc.) during class activities, including lunch? Does student have a pattern of excessive absences and/or tardies?

Other

If all three questions were answered “Yes,” the student is eligible for a free, appropriate public education under Section 504, and the Accommodation Plan should be developed. If any answer is “No,” the student is not eligible.

(Optional) 4. Other The 504 Team has NOT identified this student as eligible for a 504 Accommodation Plan. However, they recognize this student may be struggling and suggest the following explanation: SOURCES OF DATA: (Check the data obtained for the evaluation. All data obtained must be carefully considered.) Grades Parent Report Classroom Teacher(s) Report School Records Medical Reports Individual Achievement Tests Work Samples IEP (date) Group Achievement Test Other Psycho-educational Evaluation (date) TEAM OF EVALUATORS: Name Title Agree Disagree Send hard copy of this completed form to the District 504 Coordinator at the Student Services Center.

Points to Remember

• Accommodations, Not Modifications• Reasonable Accommodations• Equal Access• Refusal to implement a 504 Plan is willful

discrimination and a Section 1983 Violation• Current drug and alcohol use/sale automatically

cancels 504 protections• OCR often uses IDEA guidelines, including discipline

protections• FERPA Confidentiality provisions apply to Section 504

Points to Remember

• Students that move-in with existing 504 Plan should be implemented as written. After period of “reasonable” data collection time, can revise on MPS forms. Please change GenSIS screen to “4” and send copy of move-in Plan to SSC.

• Health Care Plans or Section 504 Plans?• Short term transportation needs?

Why is Section 504 Important?

Good for Kids/Child Find

Disciplinary Proceedings (Suspensions, Expulsions, Use of Drugs and Alcohol)

AIMS “Pupils with Section 504 Plans as defined in Section

15-731 shall not be required to achieve passing scores on competency tests in order to graduate from high school…”

Good Steps to Take

Use differentiated instruction to support

ALL students.

If students are succeeding and have access to what they need in the regular routine, they

won’t be identified.

There will not be “substantial limitation”.

Questions/Dialogue

Thanks for ALL that you do everyday to make a difference in the lives of ALL

children.