Segment 504 Legal and Practical Issues

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Segment 504 Legal and Practical Issues Idaho Department of Education February 2010

Section 504 Rehabilitation Act of 1973 Non-Discrimination Law Americans With Disabilities Act of 1990 ADA Amendments Act of 2008 Also revised Section 504

Section 504 Themes Non-Discrimination Law Decisions in view of various wellsprings of data Team approach in settling on choices Decisions made on premise of individual realities not on clear cut premise Parental rights managed

Office for Civil Rights (OCR) Guidance Protecting Students With Disabilities: Frequently Asked Questions About Section 504 and the Education of Children With Disabilities (Office for Civil Rights (March 2009)). The report might be downloaded at: www.ed.gov/print/about/workplaces/list/ocr/504faq.html

Section 504 Statute No generally qualified individual with a handicap… should, exclusively by reason of his or her incapacity be rejected from interest in, be prevented the advantages from claiming, or be subjected to segregation under any program or action getting Federal budgetary help…

Program or Activity Defined as the greater part of the operations of a State Education Agency (SEA) or Local Education Agency (LEA) accepting government subsidizes paying little heed to whether the particular program or action included is an immediate beneficiary of elected assets Covers open and private projects/exercises that get "critical help" from the LEA or SEA

Significant Assistance Considerations Direct Financial Support Indirect Financial Support Provision of Tangible Resources, for example, Staff and Materials Provision of Intangible Benefit, for example, loaning acknowledgment or endorsement Temporary or Long Term Relationship

Individual With a Disability Has a physical or mental hindrance which considerably restrains a noteworthy life movement Has a record of a weakness; or Is respected has having an impedance

ADA Amendments of 2008 The 2008 Amendments express that the expression "incapacity" should be interpreted for wide scope of people to the most extreme degree allowed by the Act

Record of an Impairment OCR Policy The criteria of having a record of a debilitation or being viewed as having a debilitation does not shape the reason for giving a FAPE Only pertinent when some antagonistic move is made No 504 arrangement created

Regarded as having an Impairment Individuals with real or saw physical or mental impedances regardless of whether a noteworthy life action is constrained Prohibits biased activities in light of recognitions No 504 Plan created

Qualified Student With a Disability Of an age which people without incapacities are given administrations Of an age which is obligatory to furnish administrations to understudies with incapacities Of an age which a state is require to give a FAPE under an IEP

Individual With a Disability Physical or Mental Impairment Substantial Limitation Major Life Activity

Physical or Mental Impairment A physiological issue or condition, corrective distortion or anatomical misfortune influencing a real framework; or Any mental or mental issue, for example, mental impediment, enthusiastic or dysfunctional behavior, and particular learning incapacity

Major Life Activity Functions, for example, - Caring for one's self -Speaking - Perf.manual tasks -Breathing - Seeing -Learning - Hearing -Reading - Eating -Concentrating - Sleeping -Thinking - Walking -Communicating - Standing -Working Lifting -Bending Operation of major real capacities

Substantial Limitation Decision made by the Team in light of numerous wellsprings of data 2008 Amendments proposed to give a more extensive definition that altogether confined Need just point of confinement one life action Decision made without respect to impacts of moderating measures, for example, medicine or sensible housing Mitigating measures does exclude eyeglasses or contact focal points

Substantial Limitation Factors Based on the individual conditions, not the name or class of weakness Nature and Severity of the Impairment Duration or Expected Duration of the Impairment Disabled if debilitation that is verbose or going away generously restricts when dynamic Permanent/Long Term Impact of the Impairment

Illegal Drugs Not 504 handicapped if the individual is presently utilizing unlawful medications Controlled Substances Act Proper professionally prescribed medications excluded Alcohol excluded Former clients or people in medication recovery projects may meet all requirements for 504 securities

Section 504 Cases Impact on learning need not be powerlessness to learn Weixel v. Bd. of Ed of New York City Unlike the IDEA, an understudy require not be found "needing custom curriculum" under 504 Loch v. Edwardsville School District Under Specific Learning Disabilities, 504 does not require a "serious error" Michael P. v. Hawaii Dept. of Education IDEA understudies not naturally secured by Section 504 Ellenberg v. New Mexico

504 v. Thought Section 504 scope is more extensive than IEP qualified understudies IEP understudies at least one of the 13 IDEA handicap classifications Adverse effect on Educational Performance In Need of Special Education Students not IEP qualified may/may not be 504 secured

Revocation of Consent for IEP Services Regulations not proposed to cover insurances under Section 504 Section 504 has an autonomous Child Find prerequisite If guardians don't need 504 administrations, school may request a hearing Recommendation: Revocation notice to guardians raise 504 scope

504 and Temporary Impairments Temporary Impairments No Hard and Fast Rules Case by Case Determination Impact on Major Life Activity Significance of Impairment Duration of Impairment Impact on capacity to go to class and take an interest in classroom and other school exercises

504 Coverage Parents who are crippled Employees with inabilities Post-Secondary Students

Policy/Procedural Requirements Non-oppressive affirmation Notice to understudies, guardians, workers, proficient associations, unions Designation/Notice of a 504 Coordinator Adoption of a 504 Grievance Procedure Students, Parents, Employees Appropriate due process norms

Child Find and Referral Procedures Use of customary instruction mediations Poor scholarly execution not the deciding variable Health Plans alone don't wipe out the need to consider a 504 assessment

Section 504 Evaluations Local Standards and Procedures Trained Personnel Multiple wellsprings of data Validated tests and assessments Medical conclusion itself is not adequate Independent Evaluations No particular time spans OCR applies "sensible measure of time" sexually transmitted disease. Assent

Section 504 Reevaluations Must be directed intermittently May take after IDEA models Every 3 years or all the more habitually if conditions warrant or the parent or instructor demands Not more than once every year unless consented to Prior to any consequent huge change of arrangement Exclusion from ed for more than 10 school days Transferring starting with one sort of program then onto the next Terminating or altogether decreasing an administration Notice required however not assent

Section 504 Placements Team of people learned about the assessment information Multiple wellsprings of data Document assessment has been viewed as Least Restrictive Environment Academic Settings Non-Academic Settings

Procedural Safeguards Provide Parents with their procedural shields Notice to Parents Identification, assessment, situation Consent OCR strategy requires assent for assessments Review records Impartial Hearing No intervention necessity Parent cooperation Right to be spoken to by an Attorney Review prepare Local Grievance Process OCR Complaints

Free Appropriate Public Education FAPE is the arrangement of general or custom curriculum and related guides and administrations that are intended to meet individual instructive needs of people with handicaps as sufficiently as the necessities of people without inabilities are met and based upon adherence to procedural prerequisites

FAPE Standard Accommodations or potentially Services Not constrained to "sensible lodging" Regular and additionally Special Education Least Restrictive Environment

504 Plans No composed arrangement required yet emphatically suggested Developed by the 504 Team Parents not required to be 504 Team individuals unless neighborhood approach so gives No compelling reason to IEP and 504 Plan Transfer Students Accept or modify arrange

504 Plan Recommended Contents Name of Student Description of Impairment/Disability Description of Impact Services/Accommodations To Be Provided Staff Responsibility State Assessment Accommodations Placement Review Date Team Members

504 Services/Accommodations Classroom and Non-Classroom Activities Related Services—Transportation Grading Accommodations Support Activities—Counseling Medical and Health Issues Homebound/Hospital Tutoring

Program Criteria made known to all understudies previously Related to required program abilities and capabilities Applied similarly to all understudies Must permit sensible housing to approach

Vocational Technical Programs Architectural or gear hindrances Course adjustments Accommodations and Services Admission criteria identified with fundamental aptitudes brought about understudy with an incapacity not being conceded no infringement of 504 Cordeiro v. Driscoll

Discipline Exempts disciplinary activity relating to the utilization or ownership of unlawful medications or liquor from 504 necessities Such understudies might be taught under the standard disciplinary framework

504 Disciplinary Change of Pl