Section 504

filing a grievance

Can be filed with section 504 coordinator

requesting due process

would be a impartial hearing

filing a complaint to the OCR of the U.S. Department of Education

Steps: investigation, verbal finding of violation, compliance or noncompliance, if not compliant then violation uncorrected letter of finding issued, negotiations, and possible enforcement proceedings (if no agreement).

Filing a suit in federal court

Steps: rule IDEA issue then 504 issue, will rule on 504 issue (if separate), must be heard in due process hearing, state will determine if parents go to court or due process.

Personal Insight: The enforcement of 504 is important to know to educate other teachers about it and help them correctly implement this for their students,

29 US Code § 794

Subpart A

General Provisions

States purpose, definitions

Subpart B

Employment practices

Prohibits discrimination in employment practices

Subpart C

Program Accessibility

Describes accessibility in usability of facilities

Subpart D

Preschool, Elementary, and Secondary Education

Prohibits discrimination in preschool, elementary, and secondary programs receiving federal financial assistance.

Subpart E

Postsecondary Education

Prohibits discrimination in postsecondary programs receiving federal financial assistance.

Subpart F

Health, welfare, and social services

Prohibits discrimination in health, welfare, and social services receiving federal financial assistance.

Subpart G

Procedures

Describes procedures for ensuring compliance with section 504.

It was first signed as part of the rehabilitation act.

Nixon vetoed this law twice before it was rewritten and was signed the following year in 1973

amendments to section 504 extended civil rights protections to those with disabilities in 1974

There was a four year delay on enforcing this law due to confusion in the interpretation of the law from 1973-1977

equal opportunity was finally given from 1973 due to advocacy groups which forced the carter administration to write regulations on may 4, 1977.

This protects someone who has a physical or mental impairment that gets in the way of life activities.

thirteen disabilities

ADHD, Tourette syndrome, asthma, diabetes, arthritis, allergies, AIDS, alcohol addictions, drug problems, poor impulse control, antisocial behavior, poor judgement, and those treated as if they have a disability.

Those with drug and alcohol issues need to not be using or participating in these habits while under the protection of 504.

poor impulse control, antisocial behavior, and poor judgement need to have further impairments that interfere with their daily lives to be covered by section 504.

If the disability is affecting performance in their life then they are protected.

Protection applies only to activities that are receiving federal assistance.

Person with a record of impairment

Personal Insight: I think this is important to know because of excluding a child from an activity because of past impairments will be a violation of 504. I think a lot of teachers tend to do this accidently and should be addressed.

Personal insight: These protections extend to students that are not covered by IDEA for an IEP. This allows them to receive the help they need without having all of the requirements an IEP requires.

Administrative Responsibilities

Appointment of section 504 coordinator

coordinator keeps school up to date with compliance of 504

public notification of schools responsibilities under section 504

establishment of grievance procedures

Must include procedural safeguards in grievance procedures

self-evaluation

ensures that 504 mandates are followed by school

staff training

child find

Responsibility includes students transferring from other school districts, students in private schools, and homeless children

Education Obligations

identification

schools need to find students with disabilities and notify them and their parents of FAPE.

evaluation

following referral school decided if there needs to be an evaluation for services.

programming

the team designs services that the child needs.

placement

504 team needs to decide where the student will receive their educational services

regular classroom, regular classrooms with related services(push in), special classrooms, at hoe, or private/public institutions and can have related services.

Least restrictive environment needs to be considered when deciding placement

reevaluation

is required periodically before change in placement

this includes graduation

Protection from discrimination

504 requires that students with disabilities are given an equal opportunity as those without disabilities (Also known as the commensurate opportunity standard)

Applies to all programs in a school district

Must see that buildings are accessible, programs are accessible, and students with disabilities are educated in comparable facilities.

Physical Accessibility

Requires schools to make activities academic and nonacademic physically accessible to students with disabilities

Program Accessibility

Modifications and accommodations need to be made to programs so that all students disabled or not may benefit from them.

Reasonable Accommodations

Must make modifications to the existing environment to eliminate barriers for individuals with disabilities.

Comparable Facilities

Students with disabilities facilities must be comparable to students without disabilities facilities.

comparable in size, space, ventilation, furnishings, lighting, equipment, and temperature.

Avoiding Discrimination

Actions to avoid this

altering structure

redesigning equipment

reassigning classes

assigning paraprofessionals

conducting interventions in general education classrooms

modifying classroom methods, materials, and procedures

Extracurricular Activities

Providing equal opportunities to students with disabilities in extracurricular athletics

Free and Appropriate Public Education (FAPE)

Given a free and appropriate public education regardless of the severity of their disabilities.

Evaluation and placement Procedures

Prevents misclassification and misplacement

Procedural Safeguards

Notice must be given before identification, evaluation, or placement.

Notice must also be given about right to examine educational records

Right to request due process

It's a law to protect individuals with disabilities not be discriminated against in programs and activities.

It makes it so students can participate in school and nonacademic activities as a child without disabilities would.

Personal Insight: This creates an equal environment between all kids because it makes it so the child who has a disability is given the same opportunity as the child without one.

School Personal are required to identify students with disabilities and provide an education that could be comparable to an education for a student without disabilities.

Personal Insight: As a teacher this will be important because it is my responsibility to find these students and help them receive the support that they need.