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Section 504

Section 504. A Classroom Teacher’s Guide. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans?.

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Section 504

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  1. Section 504 A Classroom Teacher’s Guide

  2. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? Regular education teachers must implement the provisions of Section 504 plans when those plans govern the students for whom they are responsible. Office of Civil Rights Frequently Asked Questions

  3. Gather relevant data Medical input. Parent documentation Grades Standardized test scores Work samples Observations Discipline & Attendance Requires procedures that make sure the student is not misclassified. History of impairment Record of impairment Bottom Line In 504 only cases, the student’s achievement must be substantially below average of his or her peers in the generalpopulation. The disability itself is not sufficient to qualify for services under Section 504. How is Section 504 eligibility determined?

  4. Members of the team vary according to need... Administrator/Designee Counselor Regular Teacher(s) Parent Student (as appropriate) Additional members are added as evidence points to more serious learning concerns Administrator School Psychologist ELD Teacher Special Education Teacher Ancillary Services Expert Outside consultant Site or parent invited guests Step 1: Student Success Team

  5. SST I Review evidence Clarify problem Develop Action Plan Set timeline for review Monitor interventions for success Determine next steps SST II Review Action Plan Consider evidence and clarify specific area of concern Consider assessment plan in only those areas where evidence warrants testing SST is the Responsibility ofREGULAR EDUCATION

  6. Teachers, counselors and other support personnel report this request to the appropriate administrator immediately! 15 day timeline from the date the oral or written request was made for resolution Hold an SST 1 and then provide appropriate response based on evidence presented. Deliver an Assessment Plan to the parent Deliver a notice recounting details of the meeting and the evidence that supports why the assessment is not appropriate. What happens if the parent asks for an evaluation prior to the SST Process?

  7. Collects and reviews all data Monitors intervention plan to determine academic improvement Convenes meeting to include specialists as deemed appropriate Ensures evidence is present for assessment request. Makes appropriate referral for assessment and IEP Team or 504 Team Continues to periodically review children who are not referred for IEP or 504. SST II decides disposition of the case...

  8. When a new student arrives find out if the student has a Section 504! Section 504 protections extend only to individuals who meet the regulatory definition of a person with a disability. If student has a Section 504, the teacher must implement it as long as the student remains eligible. When a student is new, an SST should be formed to reevaluate the evidence in accordance with Section 504 34CFR. If it is determined impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for protections. Office of Civil Rights Frequently Asked Questions

  9. Physical or mental impairment that significantly limits a life function. Record of disability as long as the student remains eligible. If learning is the condition that is limited, he/she must achieve significantly below his/her average peers. Criteria used to find eligibility...

  10. Self care Manual tasks Walking Hearing Speaking Breathing Learning Working What is a major life activity?

  11. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? What is the teacher’s role? Periodic re-evaluation is required. Triennial reviews are the least acceptable timeline. Annuals are appropriate. Review the plan more frequently if the child’s parent or teacher requests a re-evaluation, but not more than once a year. Teachers should keep a portfolio of work and assessment samples and anecdotal notes over time to track progress.

  12. Must a school district develop a Section 504 plan for a student who either “has a record of disability” or is “regarded as disabled”? No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a “record of” or is “regarded as” disabled is insufficient, in itself to trigger those Section 504 protections that require the provision of FAPE. Office of Civil Rights Frequently Asked Questions

  13. What is the receiving school district’s responsibility under Section 504 toward a student with a Section 504 Plan who transfers from another district? The receiving school should review the plan and supporting documentation. If the team, including persons knowledgeable about the meaning of the evaluation data and placement options determines the plan is appropriate, the district is to evaluate the plan. If not, the district is to evaluate the student consistent with 34CFR 104.35 and determine the appropriate planned program. Office of Civil Rights Frequently Asked Questions

  14. Accommodations directly relate the interventions to the specific disability identified based on evidence. Do not just check off the major areas listed, specifically write what the teacher and student will do. Always address the type of assessments (standardized and teacher generated) Know what standard and non-standard accommodations are for STAR. Do not allow the parent to “shop” for accommodations on a list. Only introduce those that are appropriate. Plan for accommodations...

  15. Accommodation/Modification Plan • Specific interventions that are required • Pacing • Environment • Presentation of Subject Matter • Assignments • Assessment • Reinforcement and/or Motivation • Modifications • Content different from the rest of the class • Same information but at a different level of complexity • Reduced assignments • Uses a lower level text that covers similar content • Credit toward graduation or college entrance

  16. IDEA All students receiving special education services under IDEA also qualify for 504 in subjects that do not require special education services. Mainstream teachers must be notified of disabilities and accommodations by the case-carrier. 504 Only Students 504 Plan is a contract and must be implemented under federal civil rights protections and can not be changed without consensus by the whole team. Willful non-compliance may result in legal action that awards personal compensatory and punitive damages. (Doe v. Withers) Identify who is responsible for what?

  17. IDEA Enforced by OSEP and DOE Does not require district grievance procedure or compliance officer. Section 504 Administrative hearing not required prior to OCR involvement. Enforced by OCR. Does require district grievance procedure and compliance officer. Who governs what?

  18. Potential Legal IssuesEvaluations • Failure to consider all information • Lack of appropriate evaluation • Failure to draw on a variety of sources • Failure to individualize accommodations

  19. Potential Legal IssuesIdentification • Failure to identify when appropriate • Lack of staff training • Flawed procedures • Oversight of a hidden disability eligibility

  20. Potential Legal IssuesPlacement and Services • Lack of or inconsistent procedures • Inappropriate accommodations or services • Failure to provide the least restrictive environment • Failure or refusal to abide by plan requirements.

  21. Family Responsibilities • Section 504 addresses the duties of the school. • Section 504 does not address the responsibilities of the family. • When a family does not comply, it does not release the school/teacher from legal duty. • It is important for the school to document a lack of family cooperation.

  22. Big Ideas • Take 504 Plan eligibility seriously in that it commits the staff to a federal contract with District and personal liability ramifications. • Instructional interventions may be delivered by an agreement with the SST and parent without 504 if not eligible. • Make sure accommodations match disability. • Every Special Education Student is also 504 eligible but governed under an IEP.

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