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10/11 Revision
How School Districts Can Effectively
Implement Section 504
Presented by
Jim Rich
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The Three LawsAmericans with
Disabilities Act (ADA)Section 504 of the
Rehabilitation Act of 1973 (Section 504)
Individuals with Disabilities Education
Act (IDEA)
A Federal civil rights statute. A Federal funding statute.
Passed in 1990 to provide a comprehensive approach to eliminate discrimination on the basis of a disability throughout the nation.
Passed in 1973 to eliminate discrimination on the basis of disability in any program or activity receiving Federal financial assistance.
Passed in 1975 to provide Federal financial assistance to state and local education agencies to assist them to educate children with disabilities.
Applies to all public and certain private entities whether or not they receive Federal financial assistance.
Applies to state and local education agencies which receive IDEA funds.
Applies to recipients of Federal financial assistance.
Covers employment practices, public services, public accommodations and commercial facilities, and telecommunications services.
Covers employment practices, program accessibility, preschool, elementary, and secondary education programs, post- secondary education programs, and health, welfare and social services.
Covers the provision of special education and related services to eligible disabled children aged 3 through 21.
A Federal civil rights statute.
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Section 504 Responsibilities
Must ensure that no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds.
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Qualified Person with a Disability
Must have a physical or mental impairment which substantially limits a major life activity (e.g., learning, behavior, mental).
Learning substantially limited if compared to his/ her age/peers the students has significant limitations.
Qualified person with disability must be provided aids, benefits, or services as effective as those provided non disabled students.
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ADA Amendments Act of 2008
Effective Jan. 1, 2009. Amends ADA and conforms definition of disability in
Section 504 with Amendments Act. Retains the elements of the term “disability,” but
changes the meaning of “substantially limits a major life activity”.
Requires “disability”, “substantially limits” and “major life activities” to be construed broadly
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Major Life Activities
Caring for oneself
Performing manual tasks
Walking Seeing
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The Department’s Section 504 regulations’ list of non-exhaustive major life activities is:
Hearing Speaking Breathing Learning Working
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Major Life Activities (cont.)
Eating Sleeping Standing Lifting Bending
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The Amendments Act non-exhaustive list of “general” major life activities includes all activities in the Section 504 regulations and the following:
Reading Concentrating Thinking Communicating
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Major Life Activities (cont.)
Functions of the immune system
Normal cell growth Digestive Bowel Functions Bladder
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The Amendments Act non-exhaustive list of “major bodily functions” is as follows:
Brain Circulatory Endocrine Reproductive Neurological Respiratory
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Major Life Activities (cont.) What does this mean for schools?
– A student with an impairment that substantially limits bowel function, such as colitis or Crohn’s disease, is a disabled student even if his impairment doesn’t limit any other major life activity.
– Bottom line: just about any activity that is of importance to a student’s life will qualify as a “major life activity.
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Major Life Activities (cont.)
What does this mean for schools?– A majority of these additional major life
activities are activities that school nurses deal with.
– Bottom line: more IHPs need to be official 504 plans with procedural safeguards, appropriate teams and possibly discipline protections.
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Substantially Limits and Mitigating Measures
Under the Amendments Act the “ameliorative effects of mitigating measures” must not be considered when determining if an individual is a person with a disability.
Both the positive and negative effects of mitigating measures may be considered when determining whether someone is entitled to an accommodation.
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Amendments Act Exception to Mitigating Measures Analysis
The ameliorative effects of ordinary eyeglasses/contact lenses shall be considered in determining if an impairment substantially limits a major life activity.
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Mitigating Measures and the Amendments Act
No Definition – Non-exhaustive List: Assistive Technology Reasonable accommodations or auxiliary
aids or services Learned behavioral or adaptive neurological
modifications Medication, prosthetics, hearing aids (non-
exhaustive list)
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Substantially Limits and Mitigating Measures
Bottom line: Though confusing, this change may not have a significant affect on the number of “504 only” students in a district.– The ADHD student on medication and needing no
accommodations would not be eligible.– However, this same student may develop an
educational need such as behavior problems and might need a 504 plan and receive discipline protections.
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Episodic Impairments An impairment that is episodic or in
remission is a disability if it would substantially limit a major life activity when active.
Bottom line: Whether a district needs to develop a 504 plan, however, depends on whether the student’s impairment results in the need for an accommodation or some other type of related aid or service.
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Temporary Impairments
An impairment that is temporary (with an actual or expected duration of 6 months or less) is a disability if it is severe enough that it would substantially limit a major life activity for the student.
Bottom line: Temporary and severe impact constitutes a disability; temporary and minor impact does not.
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Temporary Impairments
The determination of what constitutes severe or minor impact should be based on the severity,duration and impact of the disability.– High school senior with dominate arm in cast for 5
months-severe?– Kindergarten student with dominate arm in cast for
5 months?-minor?
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When to Consider the Possible Existence of a Disability
When a disability of any kind is suspected. When a student shows a pattern of not benefiting
from the instruction provided. When a student is referred for evaluation for special
education but it is determined not to do an evaluation. When a student is evaluated but is determined not
IDEA eligible. When the student is identified as “at risk” or exhibits
the potential for dropping out.
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When to Consider the Possible Existence of a Disability
When retention is being considered. When a student exhibits a chronic health condition. When a student returns to school after a serious
illness. When a new building or remodeling is being
considered. When substance abuse is suspected. When suspension or expulsion is being considered.
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Section 504 Vs. IDEA Requires accommodation plan, not an IEP. Parents not required part of accommodation plan
development. (Parent participation recommended) Required aids, benefits, or services
(accommodations) generally provided by general education.
No right to an independent evaluation. Re-evaluation required for any change of program or
placement.
No “stay put” under Section 504.
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Section 504 Accommodation Process
Suspicion of a Disability
Referral for EvaluationParent consent for initial evaluation
504 Team EvaluationKnowledgeable about student, disability, and placement options
504 Eligibility Determination•Disability and substantial limitation
•Parent notification
504 Accommodation Plan/placement•Parent consent for initial placement
•Parent notification
Annual Review/Re-evaluation•Annually/ Significant change
•Parent notification
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What are Accommodations? Accommodations include any adjustments or
modifications which enable a student with disabilities to benefit from their education
These variations should not change the level, content, or performance criteria of the lesson, class, or activity and should not change the reliability and validity of any assessment
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Types of Accommodations Change the instructional
arrangement:– Large group;– Cooperative learning group;– Peer partners;– Individual instruction;– Independent seat work.
Change the lesson format:– Lecture,
demonstration,practice;– Whole class discussion;– Games and simulations;– Experiential learning.
Change the curriculum:– Same content/less material;– Same subject area/functional
applications;– Change of sequence;– Alter the pace of the lesson;– Provide a variety of
activities. Change teaching style:
– Give more prompts or cues;– Provide written and verbal
instructions;– Use more physical guidance;– Institute behavioral
management practices.
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Types of Accommodations Modification of physical
plant:– Improve access to building– Increase access to
Classroom;• Change of seating• Increased Aisle, etc
Change in policies or procedures:– Revised attendance policy;– Modified discipline
procedures.
Change Assessment:– Adjusted format;
– Preferential seating;
– Adjust time. Change Classroom
management:– Modify rules;
– Modify consequences;
– Develop Behavior plans.
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Problem Areas Unstructured times (lunch, playground) Transportation/fieldtrips Extracurricular activities (sports, plays, camps, senior
trips- OCR Sports letter soon) Medications and other nursing services
– Medical Marijuana?
Behavior discipline/expulsion Attendance and grading policies
Disability Harassment-Bullying
The label (bullying, hazing, teasing) does not determine how a school should respond
The nature of the conduct must be assessed for civil rights implications
If abusive behavior on the basis of disability creates a hostile environment, a school is obligated to respond in accordance with applicable law (504/ADA)
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Disability Harassment-Bullying
When the behavior implicates the civil rights laws, school administrators must look beyond simply disciplining the perpetrators
The schools responsibility is to:– Eliminate the hostile environment;– Address its effects; and– Takes steps to ensure the harassment doesn’t
recur
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Disability Harassment-Bullying
Recommended steps for Districts to take in disability harassment cases:– Disciplinary action against harassers;– Consultation with 504 coordinator to ensure
comprehensive and effective response;– Staff training on recognizing and responding to
harassment; and – Ongoing monitoring to ensure harassment doesn’t
return
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Transition Services under Section 504 A district must provide transition
services under Section 504 if the district determines that the student needs transition services to receive a FAPE
DVR encourages districts to refer 504 students to DVR prior to graduation
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Section 504 and IDEA Discipline Same rule of law (Change of placement,
manifestation determination). Different obligations to students with
disabilities long-term suspended or expelled. Different obligations to drug/alcohol students. No stay put under Section 504. No FBA or BIP review required.
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Obligations to Suspended or Expelled Students
Students may not be suspended for behavior related to his/her disability or an inappropriate program.
Students may be suspended like non disabled students for behavior not related to his/her disability.
Drug or alcohol related behavior not protected under Section 504.
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Discipline Under Section 504
A school district cannot implement a disciplinary action which constitutes a significant change in a disabled student’s educational placement until it has satisfied required change of placement procedures.
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Change of Placement
Change of placement occurs if:– a child is removed for more than 10
consecutive school days or– is subjected to a series of removals that
constitute a pattern because of factors such as length of each removal, total amount of time removed, and proximity of removals one to another.
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Manifestation Determination
Manifestation determination review shall be conducted:
– Immediately or no later than 10 school days after discipline decision;
– By a 504 team and other qualified personnel;
– To determine the relationship between the child’s disability and the behavior subject to the disciplinary action.
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Manifestation Determination Criteria
The behavior is a manifestation of the disability if:– the conduct in question was the direct
result of the school district’s failure to implement the 504 plan; or
– if the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability.
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Other Requirements
■Designate at least one person to coordinate Section 504 compliance
■Adopt grievance procedures that• provide for prompt and equitable
resolution of complaints
• incorporate appropriate due process standards
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Location and Notification
Every year, each district must:
￭ Undertake to identify and locate qualified persons with a disability in the district who are not receiving a public education
￭ Take appropriate steps to notify disabled persons and their parents/guardians of the district’s duty under Section 504
￭ Be sure to update you 504 polices and procedures periodically
