1 of 26

Section 504

Presented by Melisa Akers, COOR ISD 504 Coordinator

*Adapted from Manistee ISD

2 of 26

Today’s Learning Objectives:

Identify legal requirements under Section 504
Compare IDEA and Section 504
Discuss the process and district obligations of Section 504
Identify what factors may initiate a 504 Evaluation and the components within a 504 evaluation process
Identify local district 504 team and roles
Obtain guidance on how to respond to parent requests and disagreements regarding Section 504
Discuss discipline procedures under Section 504
MIPSE Q& A 504 Plans (Patterns of Removal)

3 of 26

What is Section 504?

Section 504 refers to Section 504 of the Rehabilitation Act of 1973, a U.S. federal law that prohibits discrimination based on disability in programs or activities, including public schools and universities, that receive Federal financial assistance from the US Department of Education.

It is a civil rights law. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities.

Rehabilitation Act of 1973

Public Schools

Support Students

Section 504 Plan

4 of 26

What is Title II?

Title II of the Americans with Disabilities Act of 1990 (ADA) extends the prohibition of discrimination against individuals with disabilities to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal funds.

Rehabilitation Act of 1973

Public Schools

Support Students

Section 504 Plan

5 of 26

Who enforces Title II / Section 504?

504 Hearing Officers

Office for Civil Rights (OCR)

Department of Justice

NOT

MDE

6 of 26

Sphere of Support:

Section 504, an IEP, or Both?

Students who are eligible for services under IDEA are always 504 eligible and entitled to 504 protections against

discrimination, however, for IDEA eligible students, we would not write both plans, but rather an IEP.

Students who are 504 eligible are not necessarily IDEA

Eligible.

Individuals with Disabilities Education Act (IDEA) is our federal law guiding Special Education.

7 of 26

How does a student qualify?

To qualify for a 504 plan, a student must have a physical or mental impairment that substantially limits one or more major life activities.

Major life activities can include, but are not limited to, activities such as caring for one’s self, learning, reading, concentrating, thinking, walking, and communicating.

The definition of disability under Section 504 is broad and includes physical, mental, and medical conditions.

Rehabilitation Act of 1973

Public Schools

Support Students

Section 504 Plan

8 of 26

Comparison

IDEA vs. Section 504

IDEA

SECTION 504

Funded statute
Discrete categories of disabilities
Procedural Due Process and Required consent for evaluation
Students who are 504 eligible are not covered by IDEA unless found eligible and require specially designed instruction to access the gen. ed. curriculum.
Child Find
Provides programs, services, and specially designed instruction.
Disciplinary protections

Non- Funded statute
Broad eligibility based on disabilities that “substantially limit.”
Procedural Due Process and Required consent for evaluation
All students eligible under IDEA are also covered by Section 504
Child Find
Provides accommodations to occur in the general education environment.
Disciplinary protections

9 of 26

IDEA / 504 Flow Chart

There are two laws that offer support and services for children identified with a disability:

Individuals with Disabilities Education Act (IDEA)
Section 504 of the Rehabilitation Act of 1973

10 of 26

General requirements of Section 504

Each School District needs to…

Designate 504 Coordinator and Team

Provide notice of nondiscrimination

Adopt grievance (complaint) procedures

Establish procedural safeguards

Adopt internal process to evaluate, develop, and revise 504 plans

Identify and locate students with disabilities (Child Find)

11 of 26

Recommended team members:

Parents / Guardians

This is very important to be able to shape recommendations for accommodations based on academic content & delivery

504 Coordinator
School Counselor
Building Administrator
General Ed. Teacher(s)

§ 504 does not

mandate who

should be on a

504 team.

Eligibility and placement is

made by a group of persons who

are familiar with the student, data, and placement options.

Parents are not required participants; however, they must be provided an opportunity to give input.

12 of 26

What does the district 504 Coordinator do?

Ensure ALL teachers (academic, elective, specials, etc..) are trained on implementing a 504 plan.

Update

Attend ISD training(s) for any 504 updates

Review

Review all 504 plans annually.

EdPlan

Be familiar with using EdPlan to develop and record plans.

Distribute

Provide teachers with a copy of their student’s plan.

Records

Maintain records of plans with annual review and 3 yr. re-eval date

Parents

Be familiar with the parent’s procedural safeguards.

504 Coordinator

Local and/or District Coordinator

Provide Training!!!

13 of 26

Procedural Safeguards

See Example Here!

School must establish and implement procedural safeguards regarding identification, evaluation, & placement. Includes at a minimum:

Notice
Right to review relevant records
Impartial hearing with opportunity for parent/guardian participation
Represented by counsel at hearing
Review procedure hearing

14 of 26

Section 504 Process

15 of 26

What may Initiate a Section 504 Evaluation?

16 of 26

Parent Request
Doctor’s note and/or medical Rx
Health required due to medical condition(s).
Request for homebound services
Excessive absences / truancy
Poor / declining grades
Frequency or increase of disciplinary referrals
Gen. Ed. interventions required for student support (e.g. RTI)
Student exhibits considerable restlessness, inattention, disorganization, communication and/or social skills deficit(s) greater than extent expected for student’s age / grade level.

If a parent requests a 504 Plan and/or an evaluation to address their child’s academic, behavioral, or other difficulties in school, the school must respond in one of the following ways:

Conduct an evaluation to determine if the student has a disability AND needs a 504 plan.

~ or ~

Explain the district’s reason for denying an evaluation and provide data to support the decision.

Always notify parents of their right to dispute the decision through due process procedures.

17 of 26

Not Just

About School

Non-academic/Extracurriculars:

•Section 504 applies to district’s non-

academics and extracurricular programs

• Provide equal opportunity, access to

district’s programs and activities, including field trips, clubs, athletics/PE, lunch, recess, student jobs, transportation, counseling

Section 504 is not only about academics during school hours

It is important to remember, Section 504 ensure support for any impairment that substantially limits any major life activity, not just a major life activity related to learning or school.

18 of 26

What is a 504 evaluation?

An evaluation may include:

A 504 evaluation determines whether a student has a physical, medical, or mental impairment that substantially limits a major life activity.

A 504 evaluation determines a student’s individual educational needs that may need to be addressed in a 504 plan.

Parent Input

Rating Scales

Review of medical information and independent evaluations

Medical Assessment

Adaptive Behavior Scales

Observations of Student

Teacher Input

Including any IDEA evaluation.

Student Record Review

Aptitude and Achievement Testing

Functional Behavioral Assessment (FBA)

19 of 26

When / How a District may Deny a 504 Plan:

Notice and Procedural Safeguards must ALWAYS be provided to the parents.

OCR: “If, as a result of a properly conducted evaluation, the school district determines that the student does not need [FAPE], the district is not required to provide [FAPE].”

Student continues to be entitled to 504’s nondiscrimination protections.

*See, OCR DCL, 7/26/16

A student can have a medical diagnosis and be “eligible” - however, the 504 team determines they do not “need” accommodations via a 504 plan.

Always use the evaluation documents to guide the data collection to determine any 504 decision(s).

20 of 26

Dispute resolution options for parents:

504 Grievance Procedure

Every district must have a grievance procedure that:

Incorporates appropriate due process standards.
Provides for prompt, equitable resolution of §504 discrimination complaints.

May not require parents to use the grievance procedure before requesting a hearing.

Grievance Procedure Checklist:

Notice that it applies to complaints by students, employees, and third parties.
504 Coordinator’s name, title, and contact information.
Adequate, reliable, and impartial investigation process, including the right to present witnesses and evidence.
Prompt timelines for investigation stages
Notice to parties, re: complaint outcome
Assurance if discrimination is found, prompt action will take place to prevent recurrence and correct discriminatory effects.
Prohibition against retaliation against complaint, witnesses, and other person cooperating in the investigation.

C.O.O.R. 504 Manual (p.10)

21 of 26

What does Discipline and MDR look like for a student that is eligible for a 504 or suspected of needing a 504?

Requirements are similar to IDEA (See USDE Section 504 Dis cipline Fact Sheet )

Manifestation determination must be made by a group of persons knowledgeable about the student’s evaluation data and placement options.

Section 504 requires schools to re-evaluate (i.e. conduct an MDR) before significant changes of placement:

Suspensions or expulsions of more than 10 consecutive days.
Pattern of exclusion (more than 10 cumulative days of suspension and pattern of removal)

MDR may also be required when in response to a disability related behavior:

Student is informally excluded for part or all of the school day or their school day is shortened.
School requires parent not to send the student to school / school activity and/or need to pick up their student early
School moves the student to virtual learning

Follow district’s MDR procedure / policy or IDEA procedures. If no district procedures exist, see COOR Guidance on Discipline & MDR

If conduct is a manifestation, student may not be long-term suspended or expelled (i.e., removal for more than 10 consecutive days)
If conduct is not a manifestation, student may be disciplined in same manner as nondisabled student

Educational services not required during suspension/expulsion unless provided to nondisabled

SEE: C.O.O.R. Guidance on Discipline & MDR

22 of 26

EdPlan for 504 Documentation:

SEE:

EdPlan 504 Quick Reference Guide

23 of 26

FAQ:

How do you deny a 504 request?

You shouldn’t deny a request (definitely respond to a parent’s initial request by holding a meeting and walk through the evaluation process & documentation).
The 504 evaluation team can determine that while a student may have a Section 504 Disability, they may not require a plan.
Complete a thorough evaluation for 504, use the EdPlan documents to walk through the steps, provide Notice to the parent and Procedural Safeguards

Can a student have a 504 plan and an IEP?

They can but don’t need to. That is just more paperwork and dates to keep track of.
All student needs should be reflected in the present level section of the IEP and then needed accommodations reflected in Supplemental Aids of the IEP.

Scenario: Parent gave written consent for full evaluation for special ed., student was found not eligible for special ed., but the team recommended consideration of a 504 plan.

Where does the district’s obligation end if they have tried to contact the parent to schedule an initial 504 plan meeting but the parent is non-responsive?

24 of 26

Public Consulting Group (PCG) Updates and Resources

Please contact me if you have questions/suggestions about configuration or customization of the module itself that is housed in EdPlan.

Recent Updates to 504 Module

The 504 DIstrict Coordinator dropdown list can be updated, if needed, by reaching out to Marie Harris.
Meeting participants who are not users in EdPlan can be added as meeting participants by using the “Add participants” button.

Training Resources

EdPlan 504 Process Quick Reference
Section 504 Recorded Training - EdPlan (PCG)
504 Upcoming Live Teams Trainings - The full training schedule and links to each training are available in the Resource Information Section on the Main Menu page of EdPlan, within the Training Resources tab. Trainings are scheduled for November. January, March, and May.

Resources:

25 of 26

Section 504 Process Manual

Council of Administrators of Special Education (CASE) is pleased to partner with Julie Weatherly, Esq. to offer this comprehensive Section 504 Process Manual and training webinar to support leaders' development of compliant 504 procedures and paperwork. Pre-order your copy today and be among the FIRST to learn how to streamline your 504 process. You can also register for the Section 504 Process Manual Webinar (occurring February 19, 11:00am-2:30pm) to receive first-hand training from Julie and participate in live Q&A!

CASE ESSENTIALS

Section 504: 21 Myths and Realities for School Personnel