Section 504 of the Rehabilitation Act of 1973

This is NOT special ed. Eligibility for special education is different than creating a 504 plan.

Who is protected?

Part 1: A person who has a physical or mental disability.

Physical impairment – any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, Genito-urinary, hemic, and lymphatic, skin, and endocrine.

Like the movie, Wonder.

Even things asthma are covered under 504!

Mental impairment – any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and SLD.

Disorders learned about in SPED 393: PTSD, schizophrenia.

Are OCD, depression, and Panic disorder are covered? YES!

Substantial limitation of a major life activity – in addition to a physical or mental impairment, the impairment must substantially limit a major life activity.

Substantially: they cannot perform it

Major life activity: an activity that is typically performed daily.

Students can be covered, even if their condition is episodic or in remission.

Part 2: A person who has a record of such impairment.

The person has a physical or mental impairment that does not substantially limit major life activities but is treated by the school as constituting such a limitation, has a physical or mental impairment that substantially limits major life activities only as a result of the attitude of others towards such impairment, or has none of the impairments protected under 504, but is treated by a school as having such impairment.

Prevents schools from discriminating.

Part 3: A person who is regarded as having such an impairment.

Otherwise Qualified

Students are qualified if they are of an age during which nonhandicapped persons are provided such services, of any age during which is it mandatory under state law to provide such services to handicapped persons, or persons to whom the state is required to provide FAPE.

Elementary and secondary schools

Postsecondary and vocational schools

Technically Eligible Students – students with disabilities who are protected from discrimination under section 504 but who do not require services from a school.

Purpose of the Law

IDEA: Provides federal funding to sates for education of students with disabilities.

504: Civil rights law, protects persons with disabilities from discrimination in all programs that receive federal financial assistance. Accommodations are given to ensure nondiscrimination.

Who is protected?

IDEA: Student must meet all three prongs of eligibility (adversely affect academic performance, has a disability under the 13 categories, and requires SDI).

504: Students must have a mental/physical impairment that affects a major life activity, have a record of such an impairment, or be regarded as having such an impairment. General education and sped students are protected.

FAPE

IDEA: Services are provided to benefit the student and meet state requirements and are formally written on an IEP.

504: Offers aids and services on a written education plan to assure equivalency.

LRE

IDEA: Students are educated with peers to the maximum extent, but might be removed from the general education classroom when the general education classroom is not successful. There is a continuum from least to most restrictive.

504: Students are always educated in the general education classroom.

Evaluation and Placement

IDEA: Requires written consent for both evaluation and placement. Decisions are made as a team. Review IEP progress every year, and reevaluation every 3 years.

504: Only requires prior written notice, periodic reevaluation, and reevaluation before a big placement change.

Procedural Safeguards

IDEA: Comprehensive and detailed requirements, offers independent testing, no grievance procedure, impartial due process hearing.

504: General notice requirements, grievance procedure, impartial due process hearing.

Funding

IDEA: Provides assistance of federal funding.

504: No federal funds.

Enforcement

IDEA: U.S. Office of SPED Programs can cut funds, compliance monitoring by state agency.

504: Complaints filed to OCR can cut off federal funds, complaints also filed to the state’s department of education.

Filing a grievance

Filing a complaint with the office of Civil Rights

Predetermination settlement process

On-site investigation

Filing for a due process hearing

Subpart A: General provisions (purposes, definitions)

Subpart B: Employment practices (prohibits discrimination in employment)

Subpart C: Program accessibility (accessibility and usability of facilities)

Subpart D: Preschool, elementary, and secondary education (prohibits discrimination in schools)

Subpart E: Postsecondary education (prohibits discrimination in programs receiving federal assistance

Subpart F: Health, welfare, and social services (prohibits discrimination in health, welfare, and social services)

Subpart G: Procedure (procedures for ensuring compliance)

Protection from discrimination – exclusion or unequal treatment of students with disabilities on the basis of their disability.

Physical accessibility – no qualified handicapped person shall, because a school district’s facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subject to discrimination under any program or activity.

SPED 310 wheelchair activity. Things even on BYUI campus need to be updated.

Program accessibility – modification or accommodations to programs must be made so students can benefit from them.

Reasonable accommodations

Court decisions

reasonable accommodations are those that do not impose excessive financial and administrative burdens or require a fundamental alteration in the program.

Don’t make new or special programs, just modify the current program.

Not required to send a student to a private residential school if the costs at the private school far exceeded the costs at the public school.

In Schools

Accommodations are needed to ensure that schools do not discriminate. For example, substitution of course, length of time to complete a degree, use of tape recorders, etc.

Modification to examinations to reflect their achievement, not their disability. For example, shortening a test, altering a test format, reducing reading level of test.

Comparable facilities – SPED facilities and services must be comparable to general education facilities and services.

Discrimination v. legitimate considerations – schools may consider a disability when choosing various facilities without being accused of discrimination.

Schools must make sure they do not deny opportunity to participate in or benefit from any program or service available to students without a disability, fail to provide services and aids that are provided to students without disabilities, or provide different aids or services from those provides to students without disabilities (unless those services are required to allow equal opportunity).

Avoiding discrimination – alter structure, redesign equipment, reassign classes, assign paraprofessionals, conduct interventions in the gen. ed classroom, modify classroom methods, materials, and procedures.

In postsecondary education – they cannot inquire if an applicant has a disability, students must self-identify. Admission tests must not discriminate.

Access to nonacademic programs and services – equal cost to accessible housing, students with disabilities must have an equal opportunity to participate in athletics, intramurals, and clubs.

Extracurricular activities – reasonable modifications, aids, and services must be provided to give students with disabilities an equal opportunity.

FAPE – appropriate means aids and services meet the individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met.

Evaluation and Placement Procedures – 504 prevents misclassification and misplacement.

Evaluation must take place before placement.

The MDT must draw on information from a variety of sources.

Process must be documents and all gathered information is considered.

Be aware of different options for placement based on the individual’s needs.

Reevaluation must take place prior to a major change in placement.

Procedural Safeguards

Under the Individuals with disabilities Education Act (IDEA), you are presented with various options to support your family members with disabilities. You have a right to receive an explanation of these rights and your ability to challenge IEP decisions.

We are legally required to respect confidentiality. You have unlimited access to your child’s education records.

Participate in meetings that involve your child, especially those where decisions will be made.

Obtain an evaluation of your child from an outside source.

Receive prior written notice on matters relating major decisions about your child.

Give or deny their consent with various decisions the school may make.

Disagree with decisions made by the school.

Use mechanisms for resolving disputes including the right to appeal determinations.

Administrative responsibilities

Appointing a Section 504 coordination

Notifying the public of a school district’s responsibilities under 504

Ensuring that procedural safeguards are afforded to students and parents.

Establishing grievance procedures

Conducting a self-evaluation

Training staff regarding their responsibilities under section 504.

Developing a system

Educational obligations

Identification

Evaluation

Placement

LRE

Neighborhood Schools

Reevaluation