S'More About Section 504!
An overview for Campus Administrators
Agenda Items Included: May 2016
1. Defining Section 504
2. Eligibility
3. Prevalence in NEISD
4. Differentiating Section 504 and Special Education
5. Accommodations
6. Manifestation Determination Review
Section 504 of the Rehabilitation Act of 1973
Civil Rights Legislation - Monitored through the Office of Civil Rights (OCR)
1. Protects individuals with disabilities by preventing any form of discrimination based on the identified disability.
2. The School's Focus: non-discrimination and equal educational opportunity / access for eligible students
3. Accommodations and/or Services appropriate for the individual's identified disability
4. Ensuring an equal opportunity to participate in extra-curricular and non-academic activities
Eligibility for Protection Under Section 504
The student has an identified physical or mental impairment which substantially limits one of more major life activities.
A student may have a record of the impairment verified by a medical doctor, psychiatrist, or psychologist with a Ph.D.
A student may be regarded as having such an impairment: Meaning that the student has been treated as though such an impairment has been identified over a period of time and thus is deemed to have the impairment.
An evaluation under Section 504 is a review of existing data for consideration by a committee. Dyslexia assessments may be given by the school as a part of the determination process if this is the condition under consideration.
The substantial limitation clause...
To what extent does the impairment interfere with the student's access to educational opportunities? (including academic, environmental, extra-curricular and non-academic activities.)
What about a temporary disability?
Yes, students with a temporary disability may be eligible for accommodations during the time that the condition impacts access to equitable opportunities... then may be dismissed when the temporary condition is resolved.
Prevalence in NEISD: A growing population
On May 1, 2016 - 504 numbers had grown to 3,778.
In one month, 72 more students were identified.
IDEIA (special education) v Section 504
Federal Laws for students with disabilities.
However, they are not the same.
Section 504 - Federal Law / Local Funds
- Civil Rights - Office of Civil Rights
- General Education
- Not a program
- Not an intervention system
- Not based on educational need
- Accommodations to "level the playing field"
- Does not give unfair advantage: Equal Access
- Evaluation Process looks at data
- Individual Accommodations Plan (IAP)
RTI / RAP / MAP / WIN / School-wide Intervention
- 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
IDEIA: Special Education - Federal Law / Partial Federal Funding
- Education Act - Department of Education
- Special Education
- Specially Designed Instruction, Services, Interventions
- Comprehensive Educational Evaluation
- 13 qualifying conditions with educational needs
- Individualized Education Program (IEP)
ACCOMMODATIONS under Section 504
- Identified by the 504 committee during the 504 meeting
- Must be directly related to the identified disability
- Offer access and a "level playing field" for the student to participate
- May be instructional, environmental, behavioral, medical and apply to daily routine and assessment as designated on the IAP
CAUTION!
Specially designed instruction or modifications to the curricular content that reduce the rigor or expectations from that required by the TEKS may NOT be a part of a 504 IAP.
Students who are suspected of having a disability that is in need of specially designed instruction need to be supported by accommodations and the RTI process to document the potential for assessing under IDEIA.
When a student is a DNQ for special education services, DO NOT immediately roll into a Section 504 meeting. The ARD must close. If accommodations under section 504 are suspected to be needed, a notice must be sent requesting a 504 evaluation. This is not an automatic process. 504 must still identify a disability. DNQ is not a disability.
If a parent revokes services under IDEIA special education, DO NOT immediately roll into a Section 504 meeting. If the district has proposed an IEP, the process of a disagreed upon ARD should be followed first. If the student is considered for section 504 accommodations following the revocation process, the committee MAY NOT offer specially designed instruction or "special education like" services or modifications under the guise of section 504.
MDR Refresher Training Module
http://intranet.int.neisd.net/spec/504/Training%20Modules/Manifest%20slides.pdf
Current for Spring 2016
Jan Greer DeHaven
Who Ya' Gonna Call?
If in doubt...
Give us a shout!
Janet Tracy
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