SPED 494/594

1. SPED 494/594 Section 504 of the Rehabilitation Act

2. Overview • Major federal, civil rights legislation • Impacts federally funded agencies • Prevents all discrimination based on disability • Originally focused on reducing discrimination in the workplace • 1974 amendments addressed students with disabilities • Simple statement

3. Overview • Seven sub-parts • A. General provisions • B. Employment practices • C. Program accessibility • D. Preschool, elementary, and secondary education • E. Post-secondary education • F. Health, welfare, and social services • G. Procedures

4. Who are “recipients” of federal funds? • Any state or political sub-division • Any instrumentality of a state or political sub-division • Any public or private agency, institution, organization or other entity • Any person to which federal funding is provided to directly • Excluding the beneficiary of the recipient

5. Federally Funded Public School Programs • School lunch programs • Special education • Transportation • Remedial programs • Gifted education • Other recipients • Educational cooperatives • Regional education units • State departments of education

6. Terminology • Person with a disability • Physical or mental impairment • Major life activities • Has a record of impairment • Is regarded as having an impairment • Qualified person with a disability

7. Key Concepts & Influence • “Equal opportunity” • Does not guarantee equal outcomes • Impact of ADA • Increased awareness of certain disabilities • Increased parent awareness • Increased enforcement by Office of Civil Rights • Option for students who do not qualify for services through IDEA

8. School Professional Role • Understanding legal requirements • Implementing an effective eligibility process • Providing appropriate services

9. Eligibility • Many physical and mental impairments • Greater numbers of students eligible for 504 than IDEA • Need for additional training opportunities for staff to meet provisions early • “Appropriate but not always best” • Public expense

10. 504 and IDEA • Differences • Definition of disability • Requirements for eligibility • 504 eligibility requirements are less restrictive than IDEA eligibility requirements • Definition of FAPE

11. IDEA and FAPE • Designed for each individual student • Includes special education and related services • Criteria • Provided at public expense • Meet standards of State education agencies • Include all levels of Birth through 12th grade education • Aligned with IEP

12. 504 and FAPE • Services that will meet the needs of students with disabilities • Special programs that are designed to meet needs at least as adequately as non-disabled peers needs are met

13. Differences in Eligibility • IDEA • Categorical approach • Eligible • Need for services • Fit into a category • Ineligible • No categorical match • No identified educational needs

14. Differences in Eligibility • 504 • Non-categorical or functional approach • Disability requirements are broader • Eligible • Meets “disability” qualifications in physical or mental impairment • Disability substantially limits major life activity • Ineligible • No identification of disability • Does not substantially limit a major life activity • Disability adversely impacts educational performance (would meet IDEA criteria)

15. Student Need IDEA 504 Consideration of IDEA Pre-assessment Activities Consideration of 504 Data review and evaluation if necessary Evaluation No referral Disability adversely affects educational performance? No Disability substantially limits one or more major life activities Not eligible No Yes Not eligible IDEA eligible Yes 504 qualified Education designed to provide benefit Comparable to non-disabled opportunities Yes Specifically designed instruction No Accommodations Physical Instructional Related services Specialized instruction Related aids and services Individualized Education Plan (IEP) FAPE IDEA reviewed annually 504 reviewed periodically Accommodations and services