section 504 “what you need to know” fred kinne – section 504 coordinator melissa walker –...
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Section 504“What You Need to Know”
Fred Kinne – Section 504 Coordinator
Melissa Walker – School Nurse Consultant
Department of Education
What is Section 504•A Civil Rights Act – 1973 (PL 94-142 of Section
504)
•Covers the Rights of All Individuals with Disabilities
•Not Just School Aged Children
•Prohibits Disability Discrimination by
• Any Program or Activity
• Receiving Federal Funds
Criteria
•A Mental or Physical Impairment
•Substantially Limiting the Individual
•In One or More Major Life Activities
Protecting Against Discrimination
• “No otherwise qualified individual with a disability … Shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.” 29 U.S.C. § 794 (Labor)
Discrimination•“Discrimination is the exclusion from
participation in, the denial of benefits of, any program or activity receiving or benefiting from federal financial assistance. Students may not be denied participation in or be denied benefit from services that are afforded nondisabled students.” 34 C.F.R. § 104.4 (Education-Code of Fed Reg)
Equal Education Opportunities
• Free Appropriate Public Education – FAPE
• Non-Public: Has a duty to do “minor adjustments: not FAPE
• “An appropriate education is a program designed to meet the educational needs of individuals with disabilities as adequately as the needs of nondisabled students are met.” 34 C.F.R. § 104.33(b)(1)(i)
Individuals with Disabilities Education
Act•The Individuals with Disabilities Education Act (IDEA) is a United States Federal Law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. PL 101-476
IDEA vs 504IDEA
• Child Find
• Consent for Evaluation
• Re-evaluations
• Least Restrictive Environment
• IEP Team
• Culture, Economic and Environmental
• Discipline - Manifestation
Section 504• Child Find
• Consent for Evaluation
• Re-evaluations
• Least Restrictive Environment
• 504 Team
• Culture, Economic and Environmental
• Discipline - Manifestation
IDEA vs 504IDEA
• Funded
• Discrete categories of disabilities
• Due Process
• “Pure” Section 504 children are not covered under IDEA
• IEPs reasonably calculated for educational benefit
• Consent for placement
• Annual review
Section 504• Non-funded
• Broadly defines disabled children
• Due Process
• All IDEA children are covered by Section 504
• Meets needs of disabled students as adequately as needs of non-disabled students
• No Annual review required (not re-eval)
Mental/Physical Impairments
•34 C.F.R. § 104.3 (j)(2)(i)
•Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:
•Any mental or psychological disorder:
ImpairmentsPhysical
• Neurological
• Musculoskeletal
• Special Sense Organs
• Respiratory – including speech organs
• Cardiovascular
• Reproductive
• Digestive
• Genito-Urinary
• Hemic and Lymphatic
• Skin
• Endocrine
Mental• Mental Retardation
• Organic Brain Syndrome
• Emotional or Mental Illness
• Specific Learning Disabilities
Major Life Activities• 34 C.F.R. § 104.3(j)(2)(ll)
• Major life activities means functions such:
• Caring for one’s self
• Performing manual tasks
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Learning
• Working
The Americans with Disabilities Act Amendments Act of 2008
ADAAA• On September 25, 2008, the President signed
the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require “extensive analysis.”
The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
ADAAA Effects on 504•More broad umbrella of coverage for those
disabled
• Lowers the bar for showing “substantially limits”
•Episodic/remission impairments – only when active
•Expands list of major life activities
ADAAA Major Life Activity Additions
• Reading
• Concentrating
• Thinking
• Sleeping
• Eating
• Lifting
• Bending
• Communicating
• Operation of Major Bodily Function such as:
• Immune System
• Normal Cell Growth
• Digestive
• Bowel
• Bladder
Cultural, Environmental and Economic
The 1st of the three parts of the definition of a disabled person specifies that only physical and mental disabilities are included. Environmental, cultural and economic disadvantage are not themselves covered
ExamplesHomeless Migrant
ESL Poverty
Cultural Factors Attendance Problems
Transiency Divorce
Death of a family member/other family crisis
Military Deployment
These cannot stand alone, but often part of qualifying factors
Example
•Homelessness causes
•Depression causes
•Sleeping Disorder causes
•Attendance Problems
Review
• Section 504
• IDEA
• ADAAA
• Eligibility
• Mental or Physical Impairment
• Substantially Limiting an Individual
• In One or More Major Life Activities
• Cultural, Environmental, Economic cannot stand alone, but in part
QUIZ• All students who are covered under the IDEA are covered under
Section 504.
• All students who are covered under Section 504 are covered under IDEA.
• A student who has a disability, but does not need special education, is entitled to educational accommodations under Section 504.
Answers
• All students who are covered under the IDEA are covered under Section 504. Y
• All students who are covered under Section 504 are covered under IDEA. N
• A student who has a disability, but does not need special education, is entitled to educational accommodations under Section 504. Y
Impairments?
•What impairments are needed?
Answer
•Physical and/or Mental
Question ?
•Section 504 uses the same disability categories as IDEA.
Answer
•NO – they are much broader/open ended
Individual Health PlansIHPs
What is an “Individual Health Plan” ?
• A plan that the registered nurse develops using the nursing process to maintain accountability for actions/inactions when caring out healthcare services to an individual student
What is an Emergency Care Plan, Action Plan, or Evacuation Plan?
• A plan written in lay terms to address an actual or potential emergency addressing: who, how, what, when, and where health services will be delivered
1. Nursing Assessment
IHP• “Assessment” means the subjective/objective
nursing data using the nursing process about the individual student
• Nursing Assessment: A 10 year old student has been diagnosed with inflammatory bowel disease. The student has had a 10 lb. weight loss over 8 weeks, has not regained the weight, and experiences fatigue.
504 Plan
• Nature of Concern: The nursing assessment data can be placed as “the nature of concern” as a component in the development of the 504 plan.
2. Nursing Diagnosis
IHP• “Nursing Diagnosis” means a scientific
interpretation of the nursing assessment data using standardized language that is evidence based to determine effective nursing interventions
• Nursing Diagnosis Example:• Imbalance nutrition: less than body requirements
related to impaired intestinal absorption (Ackley & Ladwig,2014)
504 Plan
• Describe the Basis for the Determination of Handicap: The student’s healthcare provider requests the school food service to provide a diet modification that is high protein, carbohydrates, high fiber, and normal fat content offered in small meals 8 times a day.
• The nursing diagnosis can provide guidance to locate this example of data to describe the basis for determination.
Reference: Ackley, B.J. & Ladwig, G.B. (2014). Nursing Diagnosis Handbook: An Evidenced-Based Guide to Planning Care (10th ed.). St. Louis, MO. Mosby Elsevier.
3. Outcomes Identification
IHP• “Outcomes Identification”: means the school nurse identifies
expected measurable, clear and concise outcomes that is specific to the student as written in the IHP
• Nursing Outcomes Example:• Goal: The student will show improved nutritional status by
demonstrating a 3 pound weight gain every 3 months during the 2014-2015 school year.
504 Plan
• Describe the reasonable accommodations that are necessary:
• Example: The school nurse, teacher, and food service director
• Make a determination of appropriate high protein/high fiber/carbohydrate food choices for lunch and nutritional snacks during the school day at 10am and 2 pm.
• The outcome identification can help describe reasonable accommodations in the development of the 504 plan.
4. Nursing Planning and Interventions
IHP
• “Intervention” means the school nurse identifies appropriate indicators to reflect the student’s health services to be performed in the school setting related to goals that are in the identified individual health plan or EAP
• Example of an intervention: (The student’s healthcare team has written an order for the student to be weighed each day at 10 am with specific guidelines to notify the healthcare provider if there is a fluctuation.)
• Intervention/ Planning: The school nurse has a scale in the health office and will weigh/record the student’s weight each day at 10 am and notify the parents and healthcare professional if there is a 3 pound weight loss.
504 Plan
• Describe the reasonable accommodations that are necessary:
• Here is one example of how an EAP can be added in as a reasonable accommodation in the development of a 504 plan
5. Interventions
EMERGENCY PLAN
• “Emergency Evacuation Plans [EAP] or emergency care plans [ECP]” means plans that are developed in lay terms to address specific student’s actual or potential health related crisis or conditions during the school day
• Emergency Action Plans usually start out with:• “If you see this…..Do that….” for multiple chronic
conditions• Some examples, but not limited to: Diabetes, Seizure
Disorder, Respiratory Issues, Anaphylaxis, Elopement, Self Harm
504 Plan
• Describe the reasonable accommodations that are necessary:
• If Jimmy is stung by a bee during the school day or school activity and has difficulty breathing, is unable to speak, breaks out in red blotches…do this: administer his emergency medicine, contact 911, contact his parents and then school administration
• Here is one example of how an EAP can be added in as a reasonable accommodation in the development of a 504 plan
6. Evaluation
IHP• “Evaluation” means the review and modification of quantitative measures
in the outcome identification that is written in the IHP, documenting the effectiveness of interventions
• Example: The student demonstrated a 4 pound weight gain from their baseline weight obtained of 74 pounds to 78 pounds during month 1 to month 3 ( Specify)
• Note: When the student has met or not met the outcome identification or goal, the school nurse will amend or remove the goal as a need
504 Plan
• Documentation/Signature/Review Date:• Include signatures of the multidisciplinary team who
developed the plan, who copies were provided to, and a review date for the 504 plan
• The evaluation data from an IHP can provide data in the review of a 504 Plan as it is being reevaluated or amended
Question:
Can an IHP developed by the nurse meet the district requirement for Section 504?
Answer:
• NO.
• Although the nurse is meeting the health needs of the student in school, the school maintains the responsibility to comply with and protect the equal opportunity rights for all
students with disabilities to access and participate in education and activities. For a child who is eligible under
504, the IHP must be developed in compliance with 504 law and procedures.
Question:
• Is it important for administration to be aware of all students with health plans?
Answer:
• Yes. The school is mandated to determine if students are eligible or not.
• If one OCR complaint occurs on a student in your school or district, with a health related issue, and the response to OCR is, “we had an IHP on the student, but we did not evaluate for 504.”
• The response from OCR may be to see all of the district or schools health plans and emergency action plans.
Determining Eligibility• Local referral process/procedures in
place
•Establish Team (to include parents) to determine:
A Mental or Physical Impairment
Substantially Limiting the Individual
In One or More Major Life Activities
Eligibility Determined• Determine accommodations – remembering that:
• Students may not be denied participation in or be denied benefit from services that are afforded nondisabled students.” 34 C.F.R. § 104.4 (Education-Code of Fed Reg)
• “An appropriate education is a program designed to meet the individual educational needs of individuals with disabilities as adequately as the needs of nondisabled students are met.” 34 C.F.R. § 104.33(b)(1)(i)
Appropriate Accommodations/Services
•Based on evaluation from the team
•To what extent is the student limited in comparison to his/her non-disabled peers?
•What is your justification?
Sample Considerations•More time required for homework/tests?
•Modifications of assignments necessary?
• Instructional and/or social behavior interventions?
•Student organizational difficulties?
•Chronic absenteeism strategies?
• Increase of disciplinary incidents?
Be Sure Accommodations• Are designed to address the specific major life
activities
• Are designed to meet individual educational needs equal to the needs of nondisabled students
• Are supported by evaluation data
• Are written clearly and specifically
• Leave no room for interpretation
• Avoid open-ended accommodations
• Avoid giving teachers discretion to implement
Continued …•Teachers
•Understanding the accommodations
•Clarify terminology for them; preferential seating, extended time, etc.
•Provide training, if necessary, with specific disabilities and/or strategies
•Develop a teacher accountability protocol
•Monitor accommodation implementation!
Accommodations!
You want me to do what???
Re-Evaluation•Re-evaluation procedures must be
established by the district
•Conducted on a periodic basis
•A procedure consistent with IDEA is conducive
•Conduct a re-evaluation prior to any significant change
Best Practice•Review annually
•Re-evaluate every three years – if applicable
•Consider dismissal from accommodations if student is no longer substantially limited or if services move to an IEP
•“Turn on/off?”
Discipline and 504•Handicapped students may not be suspended
for more than 10 days without a determination that misconduct is not caused by disability
•Determination made by 504 team
•Hearing/determination is a reevaluation
•Take into account recent evaluation data
•OCR: Long term suspension or expulsion 1988
Long-Term Suspensions•Administration may initiate long-term
suspensions when misconduct is not directly caused by the disability.
•504 team may modify current educational placement when misconduct is directly caused by the disability. If appropriate, an alternative educational placement may be considered.
Good Conduct Policy
• Section 504 students who violate a district’s Good Conduct/Code of Conduct policy are not entitled to the manifestation determination process unless the code of conduct consequence is a change in educational placement (for example, a manifestation determination is not required for a 1 game suspension). The same disciplinary measures should apply to Section 504 students that are applied to non-disabled students unless the disability directly influenced the student’s violation. Determination of this “influence” would be decided by the Section 504 team.
Caution!•Unclear, open ended procedures
•Over-identification (10% of your SPED population %)
• 30 = 3 … rule of thumb
•Failure to identify children
•Using 504 instead of IEP’s
•Not following procedures
•Refusing to implement accommodations
Disagreement Among the Team
•Consensus building plan
• Build plan immediately
• Discuss before each team meeting
•Help from AEA
Effective Consensus Process
• All members contribute
• Everyone’s opinions are heard and encouraged
• Differences are viewed as necessary and helpful
• Agreement not to sabotage action/decision by the team
• Team agrees to take responsibility for decision … “Own It”
ConsensusIS IS NOT
Arriving at an acceptable decision
Everyone agreeing
A gathering or syntheses of ideas
A unanimous vote
A process for group decision making
A majority vote
Achieving better solutions Everyone’s first choice
Conflict with Parents• Act promptly on parental requests for help/evaluations
• Develop and maintain a user friendly brochure for parents
• Distribute throughout the community
• Registration
• P/T Conferences
• Have Section 504 information forums for parents and service providers
• Use an agenda at team meetings
• Respect and be knowledgeable of student impairment
• In-service staff w/ specifics
• Implement the plan with fidelity!!
Other Procedure/Best Practice• Designate at least one person as 504 coordinator
• Compliance
• Procedures
• Notification
• Meetings
• Grievance procedures with appropriate due process
• Board Policy
• Recommendation: Equity coordinator should be a different person
Before a Grievance
•Parents, when not satisfied, may wish to attempt to contact AEA for AEA mediation (f/k/a Resolution Facilitation)
• See DE 504 Handbook
• Contact your AEA for more information
•Parents may always use 504’s due process or grievance procedures.
Questions
DE Contact Information
Fred KinneSchool Improvement Consultant/504
Coordinator
Iowa Department of Education
515-281-6293