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§504 CAMPUS DESIGNEE TRAINING
Janice Greer DeHaven, Director
Janet Tracy, Program Coordinator
North East Independent School District
2017-2018 update
§504 DesigneeSupport
Meetings
■ Quarterly meetings
are scheduled to
provide updates to
legal information,
training, and
troubleshooting.
■ Assistance with the
eSped software will
be announced.
Use the NEISD Resources §504 webpage!Log in/Departments/Divisions/Instruction/504/Employees
General Public Information
■ Understands §504 policies, procedures, and decision-making processes; attend trainings
■ Provides annual §504 overview for faculty/staff You schedule. Presentation on website
■ Posts Notice of Non-Discrimination This is the legal size yellow poster from Risk Management
■ Uses district software to manage records (eSped)
■ Maintains master list of §504 eligible students
■ Serves as campus initial point of contact for inquiries and referrals
■ Manages student referrals for audit record
■ Ensures §504 referral, evaluation, and placement procedures are followed
■ Schedules and invites parents/staff to §504 meetings
■ Disseminates accommodations to all staff and maintains receipts from teachers
■ Works with the principal to ensure accommodations are implemented and documented for use
■ Consults with the district §504 team when clarification is needed
■ Notifies the principal and the district §504 team member of unresolved or sensitive issues
■ Transfers records for new school enrollment
■ Prepares documents as needed for summer programs
§504 CAMPUS COORDINATOR/DESIGNEE RESPONSIBILITIES
Section 504 is…
Civil Rights Legislation
– protect persons with disabilities
by preventing any form of
discrimination based on
disability
– focus in schools is on non-
discrimination and equal
educational opportunity for
eligible students with disabilities
– appropriate
accommodations/services
– ensure an equal opportunity to
participate in extra-curricular
and non-academic activities
■ An eligible §504 student is still
one 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
■ KEY -
– an impairment /disability
/medical condition AND a
substantial limitation
Th
inkin
g M
ap
fo
r §
50
4 d
ecis
ion
ma
kin
g
Is there evidence of an impairment?
Does it substantially limit the student in a
major life activity?
Identify MLA and necessary
Accommodations in a §504 plan
Not eligible under §504
Not eligible under §504
YES NO
YES NO
Eligibility
■ The §504 committee must base their decisions on the extent to which the student requires accommodations to have equal access to all phases of the school experience.
– not on an educational need (special education qualification)
– not on the end grade result
■ Advanced Placement/Honors students could be eligible for protection under §504 due to other qualifying conditions
Department of Education
Special Education
Specially Designed Instruction, Services, Supports, Intervention
Comprehensive Educational Evaluation Process
13 Specific Qualifying Conditions in Federal Law
All are associated with EDUCATIONAL NEED
Eligibility results in an IEP
Office of Civil rights
General Ed
Not a program
Not an intervention system
Access Accommodations “Level the Playing Field”
Equal Access does not give unfair advantage
Evaluation Process Reviews Sources of Data
Eligibility results in an IAP
Process to address skill gaps
Data collection to monitor progress
No “qualifying criteria”
Intentional intervention to maintain a positive learning
curve
May identify an individual needing further assessment due
to a suspected disability
Federal Law:
Individuals with
Disabilities Education
Improvement Act
Federal Law: §504 of
the Rehabilitation Act
Civil Rights
Legislation
RTI – Tutoring – WIN
RAP – MAP
School-wide
Interventions
1486
2895
2728
3330
3054
3444
3621
3706
3778
4278
BOY 2013-14
EOY 2013-14
BOY 2014-15
EOY 2014-15
BOY 2015-16
BO3rd 2015-16
Spring Break
BO4th 2015-16
EOY 2015-16
EOY 2016-17
Growth of Section 504 Students Served in NEISD
Over 4 years
grown by
2,792 students
–enrollment
tripled
NEISD Trends in Types of Disabilities Served Through §504
Dyslexia
27%
Other
73%
“Other” Category Includes
ADHD
Allergies
Anxiety
Asthma
Auditory Impairment
Behavioral Conditions
Cancer
Diabetes
Medical Diagnosis
Mental Health
Orthopedic Condition
Psychological Condition
Visual Impairment
ETC.Spring 2016 data
Eligibility under §504
Consider all aspects of the school day and setting:
– Instructional / testing accommodations
– physical access accommodations to navigate the campus or classroom materials and equipment
– behavior accommodations
– medical interventions and health services
How do Mitigating Measures impact decisions?
A student is considered disabled under §504 – if he has an impairment
– that would substantially limit him
– in a major life activity if
The student is not taking advantage of mitigating measures…(except in the instance of contact lenses
and glasses.)
■ A common example is medication. – Factor OUT when determining eligibility– Factor IN when determining accommodations
Focus equal access and provision of support
as if the mitigating measures are not present.
Substantial Limitation
■ The standard used to determine if an impairment
results in a substantial limitation is average
performance in the general population, not just
within a classroom, a school or the district
■ The standard is not based on a student’s optimal
performance level – rather access to participate
equitably
How does the disability limit equitably access?
Major Life Activities Major Bodily Functions
• Bending
• Breathing
• Caring for one’s self
• Communication
• Concentrating
• Eating
• Hearing
• Learning
• Lifting
• Performing manual tasks
• Reading
• Sleeping
• Standing
• Bladder
• Bowel
• Brain
• Circulatory
• Digestive
• Endocrine
• Functions of the immune system
• Neurological
• Normal cell growth
• Reproductive System
• Respiratory
• Seeing
• Speaking
• Thinking
• Walking
• Working
Eligibility Decision-Making:
Consideration -Referral does not Guarantee a Plan
■ A student who is determined to have a disability is not automatically eligible under §504.
■ A student who is considered for §504 does not always mean they will be eligible.
■ disability must substantially limit ...
■ data must support the need in the area of the disability.
■ school staff must use all data and professional judgment to determine eligibility.
Two Types of Eligible Students
Consider all accommodations:
Instructional, Testing, Physical,
Medical, Behavioral….
Dyslexia with reading services,
Diabetes
Epilepsy
Muscular Dystrophy
Medical/Health with services at school
– Medication
– Breathing, feeding, suctioning treatments
– Written orders from a physician
– Emergency/rescue plans
Technical Eligibility
If the evaluation committee has determined that the student has an impairment which causes substantial limitation in a major life activity
HOWEVER
– mitigating measures are used proactively
– the student does not demonstrate a need for further provision of accommodations …
service plan would not need to be generated.
the student is §504 eligible, technically
document these details in eSped.
student is §504 on a monitor status.
Technically Eligible Examples
the method described above where the student by mitigating measures does not require a service plan
the student has an impairment in remission, that was once covered in a §504 Plan
the student/ parent has revoked consent for Section 504 services.
Episodic Impairments
■ Students commonly qualify under §504 if their condition, while not constant, episodically rises to the level of substantial limitation of a major life activity.
■ Describe it in the evaluation!
– Examples:■ Allergies, Asthma, Migraine
headaches
■ A student with an episodic impairment should be referred for §504 consideration.
Health Services
■ Health services delivered by a school nurse/ trained personnel may be a required related aid/service, if necessary for a student with a disability to effectively participate at school
– OCR considers medication administration by school staff a related service under §504
– Other related health services could include routine medical interventions by the nurse/clinic staff
Students with Health Plansare eligible when they have a health impairment that substantially limits a major life activity
– If medication /treatment is administered outside of school – student is technically eligible if no other accommodations are needed
– If clinic provides meds, treatments, services –accommodations in the §504 Plan
§504 Assessment
■ Individual Health Care Plans
■ Medication Orders signed by the medical doctor
■ Action Plans, Rescue Medication/Procedures
■ Emergency Plans for Students with Mobility Needs
Instructional Accommodations– routine and consistent basis
– must be written into a §504 Plan and monitored.
– Documentation of monitoring has been requested on OCR complaints…and not always available.
■ Intended to level the playing field and provide access,
– not to provide an unfair advantage or maximize the student’s potential.
■ Reasonable, aligned with the area of impairment.
■ When written into the §504 Plan, the teacher must provide accommodations as specified in the accommodation plan.
Great stories… but what can I send to OCR?
Testing Accommodations
■ Needed on a routine and consistent basis
■ Documented in the §504 Plan.
■ State assessment accommodation decisions must meet TEA criteria for both the type of accommodation requested and the student eligibility for the accommodation.
– Data must indicate that the student uses and requires the accommodation on assessments.
– Data must support that each accommodation results in improvement when used by the student as compared to when it is not used.
Accommodations go beyond academics and instruction
Environmental, Physical or Medical/Health
Behavioral
WHAT DOES EVALUATION UNDER §504 LOOK LIKE?
§504 Evaluation Dyslexia Assessments
Review of Medical Record
Review of Psychological Reports
Analysis of teacher checklists
Review of Audiology Reports
Review of Vision Acuity or Function Reports
• Will differ per student depending on the nature of the suspected disability
• Is valid for the specific purpose for which it is intended
• Is administered or reviewed by trained personnel
• Is tailored to assess specific areas of educational need
Reading Specialist, Instructional Intervention Teacher
Campus Nurse
Counselor, School Psychologist
Staff with expertise in the area of consideration
Itinerant Teacher for AI, School Audiologist
Itinerant Teacher for VI
Respond to every Parental Request for Evaluation…
■ Discuss specific concerns with the parent
■ Review the existing evaluation data
■ Consult district personnel who are knowledgeable about the student
■ Administer routine district screening instruments if appropriate
■ Request medical documentation to substantiate impairment
If there is no evidence of a disability or suspected disability don’t make one up!
Identify the concern and how to address it in other ways!
Lack of response could trigger an OCR complaint
TimelineUpon parent or staff request when evidence of a disability is provided or suspected
• Schedule meeting within 10-15 school days• Two to three weeks is reasonable
• Send Notice of Meeting, Parent Input forms and Parent/Student Rights• Request Teacher Input
• Gather other Evaluation Data
• may be provided by the parent or outside professionals
• Assist in accessing by requesting parent signs consent to share with their professionals
Refer to the §504 Decision-Making Process
Parent and Student■ Notice of Parent and Student Rights
■ Written notice of all District decisions concerning §504
■ Review student’s records
■ Consent to initial provision of §504 services
■ Revoke consent for continued §504 services
■ Appeal the decisions of the §504 Committee
■ Impartial hearing
■ File a complaint with the Office for Civil Rights
■ Lack of implementation and documentation of accommodations included in the IAP is a violation of the foundational rights of §504
Periodic
■ All students in §504 must be periodically reevaluated.
■ Reevaluation must occur in a §504 Committee Meeting at least every three years
– New documentation of disability is a reevaluation
– a Manifestation Determination Review can be documented as a reevaluation and meet this requirement when new information is reviewed.
– Reevaluation occurs prior to any significant change of placement.
■ Expulsion or suspension for ten or more cumulative days is a change of placement.
Manifestation Determination
■ Conduct a §504 Manifestation Determination if a student starts exhibiting a pattern of behavior and when meeting with a parent to discuss disciplinary consequences leading to 10 or more consecutive days out of placement – expulsion/suspension
■ Needed for students who have a §504 Plan with accommodations
andfor those who have a
monitor only 504 plan.
Does anyone from §504?
■ Students with diagnosed disabilities who receive services through Section 504 will virtually always qualify unless the condition changes.
■ Parents/adult students are encouraged to provide a new doctor report every year, but failure to do so cannot result in removal.
– The school needs only to have knowledge of the condition…
NEISD uses eSped to
maintain the official§504 Student Record
■ ARCHIVE Appropriately
■ Blank Boxes
■ Current student information
■ Dyslexia: SERVICES are not Accommodations –must do “road trip” supplement page
■ Evaluation Information addresses the disability (School and Parent/outside)
■ Facts and Data
■ Guidance is available: edocs and ASK!!
Janice Greer DeHaven (Jan)
Director for Section 504
Office: 210-407-0249
Cell: 210-854-5868
?
Janet Tracy
Coordinator for Dyslexia
Office: 210-407-0283
Cell: 210-489-0722