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Cerebral Palsy Family Support TM

Dedicated to helping families with children who have Cerebral Palsy or any other Neurological and/or Learning Disability find the support, resources and services they need.

A Parent & Educator Guide
to
Free Appropriate Public Education
under section 504 of the Rehabilitation Act of 1973

This guide describes the requirements of Section 504 of the Rehabilitation Act of 1973 as it applies to a public school district's duty to provide a free appropriate public education (FAPE) to students with disabilities. This guide is designed to assist parents and educators to understand what Section 504 is, what it requires in terms of FAPE, and how it should be implemented. In Appendix E there are real examples of accommodations that have been provided or suggested for students with disabilities. Whether or not your child has one of the disabilities noted in Appendix E, you should use those real and suggested accommodations as fodder in your fight for you child's education and disabled rights, if your feel your child has a need due to their specific disability (s). This is a very comprehensive explanation of the 504 and has a lot of real and approved accommodations for a disabled child. I would suggest this as one page on this site as a must read if you intend to fight the school for your child's rights under a 504 plan.

 


SITEMAP 

Alphabetical listing of most pages on this site: Exceptions will be state and county pages. Some are not linked from this sidebar but from within a page

The CP Links Page is where you will find most Federal, State and local County pages.

THE HOMEPAGE

WHAT IS CP
CEREBRAL PALSY

My attempt to clarify CP you may find the information provided by 'NINDS' (below) is more specific and detailed

TREATMENT of  CP
There are many different treatments and I only name those I am familiar with

Physical Therapy
How it is essential to maintain range of motion

Occupational Therapy
How it is essential to maintain quality of life

Speech Therapy
What I know through my experience By far not even close to what you should know

Medication and Orthotics
Again what I know through experience Much more can be had searching the net or talking with doctors and therapists

CP LINKS
To Federal, State, County, City / Town and School District WebPages. Health links and hopefully links to local disability sites and activity and events calendars just drill down to the page you want

Cerebral Palsy Glossary
Terms used when referring to items related to CP . Many of us may see these on a doctors report and not know what it really means.

More Information of CP provided by NINDS
Perhaps a bit more concise and informed than my attempt to tell of what CP is. 
  • What Causes Cerebral Palsy?

  • What are the Risk Factors?

  • Can Cerebral Palsy Be Prevented?

  • What Are the Different Forms?

  • What Other Conditions Are Associated With Cerebral Palsy?

  • How Does a Doctor Diagnose Cerebral Palsy?

  • How is Cerebral Palsy Managed?

  • What Specific Treatments Are Available?

  • Drug Treatments

  • Surgery

  • Orthotic Devices

  • Assistive Technology

  • Alternative Therapies

  • Are There Treatments for Other Conditions Associated with Cerebral Palsy?

  • Do Adults with Cerebral Palsy Face Special Health Challenges?

  • What Research Is Being Done?

  • Where can I get more information?

447 Specific Neurological Disorders
Many of these 447 Neurological disorders do not fall under the heading of CP but are disabilities nonetheless. Links to resources for all 447

My take on the IEP, IDEA 2004 Public Law 94-142 & Public Law 101-476, and the 504 plan.
In 1990, changes to Public Law 94-142 arrived through the Education of the Handicapped Act Amendments of 1990 (Public Law 101-476). Most apparent was the law’s name change – instead of the Education of the Handicapped Act, it is now called the Individuals with Disabilities Education Act. IDEA 2004

IEP overview
A Guide to the Individualized Education Program with sections highlighted and comments by me

504 plan & IDEA Q&A
Protecting Students and others with Disabilities also a list of accommodations and modifications as would relate to the school environment.  More on accommodations in the Parent and Educator Guide Appendix E

Parent & Educator Guide of 504 Plan concepts and real life accommodations. Drafted by the OSPI and 5 Puget Sound area School Districts but would be a valuable asset to any fighting for their child's 504 accommodations anywhere U.S.A. 

IDEA 2004 summary&
Title 1 IDEA as written (Public Law 94-142 &
Public Law 101-476) 
A lot of legalese and unless you are a lawyer or are looking for specific law probably will not be of much benefit. You will better spend your time reading the Parent and Educator Guide, the IEP overview and the 504 plan & IDEA Q&A

Washington State Chapter 392-172 WAC SPED special education and the IEP
This is Washington State law as regards the IEP and special education
Also a bit about our (current Nov 08) personal battle for Amber

Pierce County Events
Local events for the disabled If you know of any let me know I'll post them here

CONTACT US

DONATIONS/GIFTS

AMBER'S STORY
Amber's story from birth to I started this website. Her continuing story is in the Blog

AMBER'S PARENTS
A bit about us and maybe you will get to know why we did what we did and continue to do what we do by knowing a bit about us.

Blog of Amber and Family
The continuing story of Amber and family updated as I have time.

SHARE YOUR STORY
In the share your story section people like you will post their unique experiences and through what is said you may find you are not alone. You may also find a friend and someone you can relate to. And possibly a way to realize your own goals.

MEMBER PAGES
Those who have joined with me to try to educate everyone of the trials of having a child with CP or other disability and where to find information

CP FAMILY LINKS
Websites created by people who have CP or someone in their family has CP. Sites whose pages are not directly disability related.  Net-etiquette applies. All sites are subject to approval. Banners and text allowed on these links.

DISABILITY LINKS PAGE
These would be links to commercial disability links pages where you may find more detailed information of specific disabilities as well as commercial products and services for the disabled. Links are text only with a line or two of information of the link posted.. 

NON CP RELATED
OTHER LINKS PAGES
Posted 1st come 1st served. We hope to have many of our friends  and supporters post their pages here. Net-etiquette applies. 
All sites are subject to approval. All Non-CP links are text only with a line or two of information of the link posted.
Please notify me of any broken links so I can remove or fix them

JOIN OUR NETWORK
Join with me in trying to educate the public of CP and other disabilities

WHY THIS SITE?
What motivated me to build this site

  CONTACT US
Direct your comments to Robert.

Making Money Online (or not) 
What I've tried and what I believe. The things to watch out for.  Many with disabilities have a very difficult time working a 9 to 5 so working online is a viable alternative. However be wary of those who will take your money and not deliver any worthwhile information.

Other sites I have or to be more precise the wife has and I take care of.

http://tamicraft.com 

http://vintageslips4u.com

 


Before we get into this material I would like to point out a few things.

 1. Though this guide was prepared for use by those in Washington State by the OSPI (Office Superintendent Public Instruction) and five Puget Sound Area School Districts, The contents would be valid anywhere U.S.A.

2. The information of accommodations on Appendix E are in no way complete nor are they all that you can have for any specific child. You can mix and match according to your child's needs and things can be added or subtracted as needed.

3. What you will get from your school will be dependant on how well you are able to advocate for your child. Keep in mind that all the Federal Government requires is that the schools follow procedure they do not get involved with individual placement. If procedure has been violated you can file a complaint with OCR (Office of Civil Rights). If you have a grievance about a specific item(s) you feel your child is being denied unfairly, you can file a due process complaint with the District but like as not you will be denied if the school can prove that anything you have asked for places an undue burden on the school. I know the law states that the school cannot discriminate due to their financial burden but any mediator will take into account the cost as well as the viability of what you are asking for. So my advice is if you can get the accommodations you want through the 504, go for it, but if not get an IEP and qualify your child under SPED as then the school will get Federal funding and you will get considerably more. The School can actually request more money from the Feds for specific needs like PT, OT, Tutors, Aides and the like if your child qualifies under an IEP and SPED.

4. Puget Sound Area Schools use this guide almost exclusively when determining eligibility and what services they will provide. Some refer to this guide as the 'Bible" of 504 plan educators. That does not mean that you can't ask for something not in print in this guide. It also does not mean that all that is on these pages are all that you can get if you have a child with a valid 504 need.

5. Remember YOU are your Childs best advocate so be informed and read everything you can so that you will be better prepared to fight for your Childs rights. I would suggest you print out appendix E or this whole document and highlight that which relates to your child and use this information to fight for your child. The accommodations contained herein have actually been implemented for a child or have been included as a viable 504 plan accommodation by the OSPI and 5 Districts in Washington State. I would therefore think they could be applied to any child with a valid need. So do your homework and use this 'Bible' to fight for your child.

6. If nothing else read the sections under Introduction to Appendix A. You can skip Appendix A through D if you'd like but Please read APPENDIX E as it will be of the most benefit to you and your child. You can use the links to jump to those sections and use the (Return to Top) in the bottom right of all pages of this site.

 I REALLY SUGGEST you print out and underline what relates to your child and take it with you to your 504 plan meeting. Use it as a guide and a tool to get what you need for your child. For those of you unfamiliar with how to print a selection, just left click and highlight the selection you want to print. Then right click on the selected area and hit print. When the printer utility program shows up just check the box that says print selection and hit apply, OK and print.

I know this document is long but you need to be knowledgeable in every aspect of this document as well as others on this site to have a fighting chance for your child.




Jim Rich
Director of Program Development & Review
Puget Sound ESD

November 2002

****************************************************************


Table of Contents

Acknowledgements 
 
Introduction

A Parent and Educator Guide to FAPE under Section 504 

IDEA and Section 504 Comparison 

Section 504 Process Flow Chart 

Section 504 Process 

Section 504 - FAQ's 

Resources on Section 504 

APPENDIX A

Sample Section 504 Board Policy 

APPENDIX B

Sample Complaint Procedure 

Sample Section 504 Complaint Form 

Sample Section 504 Impartial Hearing Procedure 


APPENDIX C
Sample Section 504 Coordinator Job Description 

Sample Section 504 Building Designee Job Description 


APPENDIX D
Sample Section 504 Forms

Referral Forms 
Notice of Action/Parent Consent 
Parent Rights 
Eligibility Forms 
Section 504 Plans 
504 Manifestation Report 


APPENDIX E
Sample Accommodations 

*********************************

Acknowledgements

Various materials from school districts in the state of Washington and OSPI have been used in the development of this reference document. Puget Sound ESD gratefully acknowledges the following school districts for sharing with us their Section 504 materials for use in the development of this publication:


South Kitsap School District
Highline School District
Kent School District
Mount Vernon School District
Issaquah School District.

This manual is distributed for informational and resource purposes only and does not represent legal advice. Consult with your own counsel prior to taking any final action.
This manual or any part of the manual may be reproduced for educational purposes without permission of the authors.




*********************************************


 

Introduction

A Parent and Educator Guide
to
Free Appropriate Public Education
(Under Section 504 of the Rehabilitation Act of 1973)



This guide describes the requirements of Section 504 of the Rehabilitation Act of 1973 as it applies to a public school district's duty to provide a free appropriate public education (FAPE) to students with disabilities. This guide is designed to assist parents and educators to understand what Section 504 is, what it requires in terms of FAPE, and how it should be implemented.



What is Section 504?



Section 504 is a federal civil rights law that is designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public school districts receive federal funds, all public school districts must comply with Section 504. Under Section 504, denying a disabled student a free appropriate public education constitutes disability discrimination.



Who is a Disabled Student Under Section 504?



A school-aged student is a disabled student under Section 504 if the student:



· Has a physical or mental impairment


Physical or mental impairment means any physiological or psychological disorder or condition. The definition of physical or mental impairment under Section 504 is broad, includes students with life threatening health conditions (conditions that will put a student in danger of death during the school day if a medication or treatment order and a nursing plan are not in place), and is not limited to any specific diseases or categories of medical conditions.

· That substantially limits

Substantially limits means significantly restricts as to the condition, manner or duration under which a student can perform a major life activity as compared to how a non-disabled age/grade peer can perform the same activity. As a general rule, a student with a physical or mental impairment who is able to participate in and benefit from a district's education program (e.g., attend school, achieve passing grades, advance from grade to grade, and meet age/grade appropriate standards of personal independence and social responsibility) without the provision of special education or related aids or services, is not a disabled student under Section 504.

· One or more major life activities

Major life activities include but are not limited to the following: walking, seeing, hearing, speaking, breathing, learning, attending school, caring for one's self, performing manual tasks, and behavior.


What is a Free Appropriate Public Education Under Section 504?



A free appropriate public education is an education that is designed to meet a disabled student's individual educational needs and is based upon procedures that satisfy Section 504's identification, evaluation, placement, and due process requirements. An appropriate education can consist of education in regular classes, education in regular classes with related aids or services, special education, or a combination of such services. The definition of related aids and services under Section 504 is broad and includes any service that a student needs to participate in and benefit from a district's education program. Related aids and services include but are not limited to the following: school health services; counseling; environmental, instructional and behavioral accommodations; and transportation.



What Does "Appropriate" Mean?



"Appropriate" means designed to meet the individual educational needs of a disabled student as adequately as the needs of non-disabled students are met. It does not mean that a district must maximize a disabled student's potential or provide "the best" education program that it can design for a disabled student. It means that a district must provide sufficient individualized services to enable a disabled student to receive educational benefit (i.e., not maximum benefit, not minimal benefit, some benefit).


Who Can Refer a Student for a Section 504 Evaluation?



Any person can refer a student for evaluation under Section 504. Parents, guardians, and school staff should refer a student for evaluation if they know or suspect that, due to a physical or mental impairment, a student needs special education or related aids or services to participate in or benefit from a district's education program.


What Should a District Do When it Receives a Section 504 Referral?


After receiving a Section 504 referral, a district should decide whether to evaluate the student and must notify the student's parent or guardian of its decision. As a general rule, a district should evaluate a referred student if the district knows or suspects that the student, because of a disability, is not attending school, achieving passing grades, advancing from grade to grade, meeting age/grade appropriate standards of personal independence or social responsibility, or otherwise needs special education or related aids or services to participate in or benefit from the district's education program.



What is an Evaluation Under Section 504?



Evaluations under Section 504 are individually designed. A Section 504 evaluation may be broad (including aptitude and achievement data, medical and psychological data, social and cultural information, and more) or narrow (medical data). A Section 504 evaluation may be conducted by a district or conducted by an outside agency and reviewed by a district. It is the responsibility of a district to determine the scope of each student's Section 504 evaluation. As a general rule, the scope of a student's Section 504 evaluation should be broad enough to enable the district to determine whether a student is disabled under Section 504 and, if so, what educational and related aids and services the student needs to receive a FAPE.


What Placement Procedures Does Section 504 Require?



Placement under Section 504 means services - the educational and related aids and services that a student needs to receive FAPE. Placement decisions under Section 504 must be documented, based upon a student's evaluated needs, and made by persons knowledgeable about the student, the meaning of the student's evaluation data, and placement options. In addition, placement decisions must ensure that disabled students are educated in the least restrictive appropriate placement.


What Due Process Rights Do Parents and Guardians Have Under Section 504?



Section 504 gives parents and guardians the right to challenge district decisions regarding the identification, evaluation and educational placement of their child. Under Section 504, a district must notify a student's parent or guardian before it takes any action regarding the identification, evaluation, or placement of their child and provide the parent or guardian an opportunity to challenge the action if they disagree. "Any action" includes a decision not to evaluate a student and denial of placement. The minimum necessary due process rights include: prior notice of any action; a right to inspect records; an impartial hearing with a right to representation by counsel; and a review procedure.


Must Parents or Guardians Consent Prior to Initial Evaluations and Initial Placements Under Section 504?



Yes. Under Section 504, a district must obtain parent or guardian consent in two circumstances: before a child's initial evaluation (the first time a child is evaluated by any district) and before a child's initial placement (the first time a child is placed on a Section 504 Plan in any district). If a parent or guardian refuses consent to either initial evaluation or initial placement, a district may, but is not required to, initiate a Section 504 due process hearing to override the refusal to consent. A district must notify a parent or guardian, but need not obtain consent, before it re-evaluates or significantly changes a student's placement.



What is a Section 504 Plan?



A Section 504 plan is a written plan that describes the educational and related aids and services that a district determines a student needs to receive a FAPE. The content of a Section 504 Plan is fluid and may change within a school year or between school years as a student's needs and services change. For a student whose only disability is a life threatening health condition, an individual health plan or nursing care plan may serve as the student's Section 504 plan. A district must provide the services identified in a student's Section 504 plan.


What Is a Section 504 Team?



A Section 504 team makes decisions regarding the evaluation and placement of students under Section 504. For example, a Section 504 team determines the scope of Section 504 evaluations, decides which students are disabled under Section 504, develops Section 504 Plans, and makes "manifestation determinations" for purposes of disciplinary exclusion from school. A district may have a district-level Section 504 team that makes district-level Section 504 decisions, building-level Section 504 teams that make building-level Section 504 decisions, or a combination of both district-level and building-level Section 504 teams.



Who Should Be on a Section 504 Team?



The membership of a Section 504 team will vary depending upon the needs of each student. For example, a nurse may be on the Section 504 team of a student with a life threatening health condition, and a psychologist may be on the Section 504 team of a student with a behavioral disorder. The composition of a Section 504 team is fluid and may change within a school year or between school years as a student's needs and services change. A Section 504 team must consist of at least two people and must include persons knowledgeable about the student, the meaning of the student's current evaluation data, and placement options.


How is Section 504 Enforced?



The U.S. Department of Education enforces Section 504 through the Office for Civil Rights (OCR). OCR investigates individual complaints of disability discrimination, including complaints that a district is denying a disabled student FAPE. OCR also provides training and technical assistance to state education agencies, educational service districts, schools districts, and parents. OCR's focus is on the process a district follows to identify, evaluate, and provide an educational placement to a disabled student, and to provide procedural due process to the student's parent or guardian. Except in extraordinary circumstances, OCR will not review the result of individual placement and other educational decisions, as long as a district complies with Section 504's procedural requirements regarding identification, evaluation, placement, and due process. The proper forum for pure educational disputes, in which a district has followed the correct process to make an educational decision but the parents or guardian disagree with the result of the decision, is a Section 504 due process hearing.



Who Conducts a Section 504 Due Process Hearing?



A district should select a hearing officer who is impartial (e.g., has no professional or personal interest that would bias his or her judgment of the case) and has some training in Section 504 and how it applies to FAPE. A list of possible hearing officers may be obtained from Puget Sound ESD, 206-439-6936.


The Bottom Line



Once a district has determined that a student is disabled under Section 504, the district must provide whatever services it decides the student needs to participate in and benefit from the district's education program. As a general rule, a district is under no obligation to provide a service that a student's parent or guardian or doctor requests unless, in the district's determination, the student needs the service.


IDEA AND SECTION 504
- A COMPARISON -

COMPONENT IDEA SECTION 504


WHAT IS IT?



A federal funding law and regulation. A federal civil rights law and regulation.



WHAT IS ITS PURPOSE?



To provide federal funds to state education agencies and districts to educate disabled students. To eliminate disability discrimination in all programs and activities that receive federal funds.



WHO IS A "DISABLED STUDENT"?


Both regulations provide protections to "disabled students" but each regulation defines "disabled student" differently. Section 504 defines "disabled student" more broadly than does IDEA.

Defines disabled student as a child aged 3-21 who has one or more of 13 specific disabilities (i.e., autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment, including blindness) and, due to disability, needs special education. Defines disabled student as a school-aged child who has a physical or mental impairment that substantially limits a major life activity (e.g., walking, seeing, hearing, speaking, breathing, learning, attending school, caring for one's self, performing manual tasks, and behavior) and, due to disability, needs special education or related aids or services.


WHAT IS A "FREE APPROPRIATE PUBLIC EDUCATION" (FAPE)?



Both regulations require a district to provide FAPE to each student in its jurisdiction but each regulation defines FAPE differently. Section 504 defines FAPE more broadly than does IDEA.

Defines FAPE as special education and related services. Students can receive related services under IDEA only if they need related services to benefit from special education. Defines FAPE as regular or special education and related aids and services. Students can receive related aids and services under Section 504 even if they are not provided any special education.


WHAT DOES "APPROPRIATE" MEAN?


Both regulations interpret "appropriate" to mean sufficient individualized services to enable a disabled student to receive educational benefit (i.e., not maximum benefit, not minimal benefit, some benefit).


HOW IS FAPE DELIVERED?



Both regulations require that FAPE be delivered through an individualized education program. Section 504 defines individual education program with less specificity than does IDEA.

Requires a written individual education plan (IEP) with specific content developed by specific participants at an IEP meeting. Requires a documented Section 504 Plan developed by a group of persons knowledgeable about the student, the meaning of the student's evaluation data, and placement options.



WHO CAN REFER A STUDENT FOR EVALUATION?



Both regulations contain a child find component, and allow any person (e.g., parents, guardians, school staff, etc.) to refer a student for evaluation.



WHAT SHOULD A DISTRICT DO WITH A REFERRAL?



Both regulations require a district to decide whether to evaluate a referred student and to notify a student's parent or guardian of its decision. As a general rule, under both regulations, a district should evaluate a referred student if it knows or suspects that the student is a "disabled student."


WHAT EVALUATION PROCEDURES ARE REQUIRED?



Both regulations require that tests and other evaluation materials:a. be validated for the specific purpose for which they are used;b. be administered by trained personnel in conformance with the instructions provided by their producer;c. include those tailored to assess specific areas of educational need; andd. be selected and administered to assure that the test results accurately reflect whatever factors the tests purport to measure.

Requires that re-evaluations be conducted at least every 3 years. Requires periodic re-evaluations. The IDEA schedule satisfies Section 504.

Provides for independent educational evaluations at district expense if a parent or guardian disagrees with a district's evaluation and either the district or a hearing officer agrees. Does not provide for independent educational evaluations at district expense. However, a district must carefully consider any such evaluations presented.



WHAT PLACEMENT PROCEDURES ARE REQUIRED?



Both regulations require that, when interpreting evaluation data and making a placement decision, a district must:a. draw upon information from a variety of sources;b. assure that all information is documented and considered;c. ensure that the eligibility decision is made by a group of persons including those who are knowledgeable about the child, the meaning of the evaluation data and placement option; andd. ensure that the student is educated with his/her non-disabled peers to the maximum extent appropriate (i.e. in the least restrictive appropriate environment).

Requires an IEP meeting before any change in placement. Requires a re-evaluation before any "significant change in placement."


IS PARENT OR GUARDIAN CONSENT EVER REQUIRED?



Both regulations require a parent or guardian to consent prior to a student's initial evaluation and initial placement. IDEA alone requires consent prior to re-evaluations.


WHAT DUE PROCESS RIGHTS DO PARENTS AND GUARDIANS HAVE?



Both regulations require a district to notify a student's parent or guardian before the district takes any action regarding the identification, evaluation or placement of their child. IDEA procedures satisfy Section 504.

Requires written prior notice and specific content to be included in the notice. Allows oral prior notice, but a district is wise to provide notice in writing.


WHAT KIND OF GRIEVANCE PROCEDURE IS REQUIRED?



Requires each state education agency (OSPI) to have a special education grievance procedure, commonly called a citizen complaint procedure. Requires each district to have an internal Section 504 grievance procedure for parents and guardians, students, and employees.


WHAT KIND OF HEARING PROCEDURE IS REQUIRED?



Both regulations require a district to provide an impartial due process hearing procedure for parents or guardians who disagree with the identification, evaluation, or placement of their child.



WHO CONDUCTS A DUE PROCESS HEARING?



Requires each state education agency (OSPI) to conduct such hearings through a state office of hearings. Allows either state education agencies or districts to conduct such hearings (in WA, districts conduct such hearings).


HOW IS IT ENFORCED?


Enforced by the U.S. Department of Education, Office of Special Education Programs (OSEP). Enforced by the U.S. Department of Education, Office for Civil Rights (OCR).

Each state education agency (OSPI) and OSEP monitors compliance through complaint investigations and compliance reviews. OCR monitors compliance through complaint investigations. The state education agency (OSPI) has no monitoring, complaint resolution, or funding involvement.



Section 504 Process
Flow Chart



*Indicates meetings that require the participation of 

(1) a person knowledgeable about disability/evaluation data; 

(2) a person
who is knowledgeable about the student; and 

(3) a person who is knowledgeable about placement options.


Section 504 Process

1. Concern



A student, parent, teacher, counselor, or administrator has a concern that a student may need support. Strategies are developed and implemented to address the concern.


2. Referral to the Student Support Team (SST)


If the strategies are not successful, the concerned individual should complete the SST referral form. The referral form documents the original concern, the strategies implemented to address the concern and the outcome of the strategies.



3. Decision to Evaluation



The SST reviews the referral, the student's file, and the strategies implemented so far, and consults with teachers, parents, student, peers, or anyone who has information. The SST decides whether it appears the student might have a disability or other need.
If the SST believes that the student may be eligible under IDEA or may be an English language learner or have other needs, the SST refers the student for evaluation under those processes.
If the student appears to have a disability under 504, the SST gives the parents a Notice of Action and Rights and refers the student for evaluation. The parents must provide consent prior to this initial evaluation.
If the SST decides the student does not appear to have a disability, the SST suggests other strategies for resolving the concern and gives the parents a Notice of Action and Rights.



4. Evaluation



Once the parents have provided consent for evaluation, at least one expert in the area of the student's suspected disability evaluates the student. The parents may also choose to have their own expert evaluate the student in addition to the district's expert, at their own expense.


5. Eligibility Decision



A 504 Team is convened to review the evaluation data and decide if the student is eligible under Section 504. At that time, the 504 Team fills out the Section 504 Eligibility Determination Form. The 504 Team must include persons knowledgeable about the student, the evaluation data, and placement options. In making its eligibility decision, the 504 Team must consider information from a variety of sources, including any relevant information submitted by the parents. The student is eligible if the student has an impairment that substantially limits a major life activity. The 504 Team can also refer the student for IDEA, ELL, or other evaluation if appropriate.
If the 504 Team determines that the student is eligible under 504, the 504 Team gives the parents a Notice of Action and Rights and the 504 Team convenes to develop a 504 Plan.
If the 504 Team decides that the student is not eligible, the 504 Team gives the parents a Notice of Action and Rights and suggests other strategies for resolving the underlying concern.


6. Develop a 504 Plan


Once a student is found eligible under Section 504, the 504 Team convenes to develop a 504 Plan. The 504 Plan can be developed at the same time that eligibility is established if the 504 Team wishes. The 504 Plan describes the student's needs and what services or modifications will be provided to address the student's needs. The 504 Team gives the parents a Notice of Action and Rights and a copy of the 504 Plan. The district must receive consent from the parents for initial placement.


7. Review Plan



The 504 Team will convene annually to review the 504 Plan to ensure that the 504 Plan is meeting the student's needs. If the 504 Team decides that the 504 Plan needs to be modified, the 504 Team gives the parents a Notice of Action and Rights.



8. Reevaluation



The 504 Team must periodically reevaluate the student to determine if the student is still eligible or if the student has additional needs. Before a reevaluation, the 504 Team gives the parent a Notice of Action and Rights. Reevaluations must occur at least every three years or before any significant change in placement. Changes in placement include the discontinuation of services, changes of services, and long-term suspensions and expulsions.


Section 504 - FAQs

What is "discrimination" under Section 504?

Discrimination occurs when a district, based on disability:



· denies a disabled student the opportunity to participate in or benefit from an aid, benefit, or service which is afforded to non-disabled students (e.g., denies credit to a student whose absenteeism is related to his disability, expels a student for behavior related to his disability, fails to dispense medication, or provide an individual health plan or nursing care plan to a disabled student who cannot attend school without such services);
· fails to afford a disabled student an opportunity to participate in or benefit from an aid, benefit, or service that is equal to that afforded to non-disabled students (e.g., conditions a disabled student's participation in a field trip on the student's parent or guardian attending the trip, refuses to allow an otherwise qualified disabled student to try out for an interscholastic athletic team);
· fails to provide aids, benefits, or services to a disabled student that are as effective as those provided to non-disabled students (e.g., fails to provide a disabled student necessary environmental, instructional or behavioral accommodations or another related aid or service, fails to provide a disabled student necessary study skills instruction or another special education service);
· provides different or separate aids, benefits or services than are provided to non-disabled students unless there is a legitimate, nondiscriminatory reason for doing so (e.g. requires all disabled students to use special education transportation, segregates all disabled students in portable classrooms, requires all disabled students to use a different recess period);
· denies a disabled student the opportunity to participate in programs or activities that are not separate or different unless there is a legitimate and nondiscriminatory reason for doing so (e.g., denies all disabled students the opportunity to eat meals in the school cafeteria, prohibits all disabled students from participating in full day kindergarten, refuses to allow any disabled students to enroll in regular physical education classes);
· denies a disabled student the opportunity to participate as a member of a planning or advisory board (e.g., denies disabled students the opportunity to participate in student government);
· otherwise limits a disabled student in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others (e.g., denies all disabled students admission under school choice);
· aids or perpetuates discrimination by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability (e.g., sponsors a non-district organization that excludes disabled students); and
· selects the site or location of a facility that has the effect of excluding disabled students from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity (e.g., selects an inaccessible facility in which to hold school plays, concerts, or athletic competitions).


What is a "legitimate and nondiscriminatory" reason to treat a student differently, based on disability, under Section 504?



Treating a student differently, based on disability, is "legitimate and nondiscriminatory" under Section 504 if doing so is:

(1) based on a legally sufficient reason (e.g., doing so is educationally justified); and
(2) supported by the facts (e.g., based on the student's education records and other information). For example, it is legitimate and nondiscriminatory to deny a disabled student enrollment in a general education class, based on the student's disability, if:
(1) even with the provision of related aids and services, the student would be unable to participate in or benefit from the class; and
(2) the student's education records and other information support the reason.


When does an impairment "substantially limit" a student's major life activity?



Though Section 504 does not define the term "substantially limit," the term should be interpreted to mean an important and material limitation. For example:
· a student with a diagnosed learning disability whose academic performance is within the norm for his age/grade is not substantially limited in the major life activity of learning;
· a student with ADHD who is not removed from school for disciplinary reasons more than 10 school days in a school year is not substantially limited in the major life activity of behavior;
· a student with a food allergy who is not in danger of having an anaphylactic reaction during the school day is not substantially limited in the major life activity of breathing; and
· a student with a hearing impairment who has sufficient residual hearing to participate in and benefit from school without related aids or services is not substantially limited in the major life activity of hearing.


Is a district required to provide FAPE to a student who "has a record of disability" or is "regarded as disabled?"


No. A district is required to provide FAPE to those students who have a physical or mental impairment that currently substantially limits a major life activity. The fact that a student "has a record of disability" or is "regarded as disabled" does not trigger a district's duty to provide FAPE. A district's duty to a student who "has a record of a disability" or is "regarded as disabled" is to protect the student from discrimination (e.g., it would be discriminatory for a district to prohibit a student who has a record of drug addiction, but is not currently engaging in the illegal use of drugs, from participating in an interscholastic athletic team, based on the student's "record of disability").


What are "related aids and services" under Section 504?


"Related aids and services" means any service that a disabled student needs to participate in or benefit from a district's education program (e.g., if, without a specific service, a disabled student wouldn't be able to attend school, achieve passing grades, advance from grade to grade, etc., the service in question is a necessary related service for the student). In contrast to IDEA, under which students are eligible to receive related services if and only if they need related services to benefit from special education, students are eligible to receive related aids or services under Section 504 even if they are not provided any special education. Related aids and services include but are not limited to:

· school health services
· counseling services
· environmental, instructional, and behavioral accommodations
· transportation services
· speech-language services
· audiology services
· physical and occupational therapy services
· orientation and mobility services
· provision of a modified schedule, grading system, or curriculum


What is a "significant change in placement" under Section 504?


A "significant change in placement" means a significant change in the type or amount of educational or related aids or services that a district provides to a disabled student. For example:

· initiating or terminating a service
· significantly increasing or decreasing the amount of a service
· disciplinary actions that exclude a student from school for more than 10 consecutive school days in a school year
· disciplinary actions that create a pattern of exclusion from school (e.g., cumulative short-term suspensions that are each 10 school days or fewer in duration that create a pattern of exclusion due to the length of each suspension, the proximity in time of the suspensions, the total amount of time the student was excluded from school, and the similarities of the behaviors that led to the suspensions)


Can a temporary health condition be a disability under Section 504?


Maybe. A student with a temporary health condition whose condition is so severe that it substantially limits one or more of the student's major life activities for an extended period of time may qualify as a disabled student under Section 504. For example, though pregnancy is not generally considered a disability under Section 504, a district may determine that a pregnant student, who cannot attend school for several months due to pregnancy-related complications, is disabled under Section 504.



Can drug addiction be a disability under Section 504?


Maybe. A student who is drug addicted but is in recovery and is not currently engaging in the illegal use of drugs, may qualify as a disabled student under Section 504 if the student's drug addiction substantially limits the student's ability to perform a major life activity (e.g., to learn or attend school). Such a student may need a modified schedule, school counseling, or another type of special education or related aid or service to participate in or benefit from the district's education program. A student who is drug addicted and is currently engaging in the illegal use of drugs, however, is excluded from the definition of a disabled student under Section 504. A district is under no obligation to evaluate such a student under Section 504 regardless of the educational impact the drug addiction is having on the student. A district may treat such a student in the same manner as it treats non-disabled students.



Can alcoholism be a disability under Section 504?



Yes. A student who is addicted to alcohol, regardless of whether the student is currently using alcohol or is in recovery, may qualify as a disabled student under Section 504 if the student's alcoholism is substantially limiting the student's ability to perform a major life activity (e.g., to learn or attend school). Such a student may need a modified schedule, school counseling, or another type of special education or related aid or service to participate in or benefit from the district's education program.



Does Section 504 protect a disabled student who engages in drug or alcohol related misconduct at school?



No. A district may discipline a disabled student for the illegal use or possession of drugs or alcohol at school or at a school-sponsored function in the same manner and to the same extent as it disciplines non-disabled students. The procedures at 34 CFR 104.35 (regarding manifestation determinations) and 104.36 (regarding procedural safeguards) are not required for such disciplinary actions. The parent or guardian of the disabled student may challenge the regular education issues raised by the disciplinary action (e.g., whether the student did what he was charged with doing) at a regular education discipline hearing, but does not have a right to challenge the disciplinary action under Section 504. For example, the parent has no right to challenge the disciplinary action by asserting that the student's drug or alcohol-related misconduct was disability-related.


Can "social maladjustment" be a disability under Section 504?



Maybe. A student with a "social maladjustment" (e.g., conduct disorder or oppositional defiance disorder) may qualify as a disabled student under Section 504 if the student's condition substantially limits the student's ability to perform a major life activity (e.g., to learn or attend school). Such a student may need medication administration, school counseling, a behavioral intervention plan, or another type of special education or related aid or service to participate in or benefit from the district's education program.



Is "specific learning disability" defined the same under Section 504 as it is under IDEA?



Yes. "Specific learning disability" is a legal term of art defined by IDEA. To be eligible under IDEA as having a specific learning disability, a student must have a severe discrepancy (as defined by state law) between intellectual ability and achievement. Section 504 interprets the term as it is used in IDEA.



Can a district require a parent to provide a medical diagnosis before it will initiate an evaluation of a student under Section 504?



No. Under Section 504, a district must evaluate a student if the district knows or suspects that the student, because of a disability, needs special education or related aids or services, regardless of whether the student has a medical diagnosis. A district may provide a student medical diagnostic services, as a related service, if the district believes that it needs a medical diagnosis to determine whether a student has a medical condition.


Does a student with a medical diagnosis automatically qualify as a disabled student under Section 504?



No. Not every medical diagnosis will substantially limit a student's ability to perform a major life activity. However, if a medical diagnosis does substantially limit a student's ability to perform a major life activity (e.g., to learn or attend school), the student may qualify as a disabled student under Section 504. Such a student may need an individual health plan, an emergency care plan, or another type of special education or related aid or service documented in a Section 504 plan to participate in or benefit from the district's education program.


Does a student with a "life threatening health condition," as defined by state law, automatically qualify as a disabled student under Section 504?



Yes. Because state law, SHB 2834, defines "life threatening health condition" as a health condition that puts a student in danger of death during the school day if a medication or treatment order and a nursing care plan are not in place, by definition, a student with a "life threatening health condition" has a physical or mental impairment that substantially limits a major life activity, and qualifies as a disabled student under Section 504.


What should trigger an initial evaluation under Section 504?



A district should evaluate a student if the district knows or suspects that, due to a disability, the student needs special education or related aids or services to participate in or benefit from the district's education program.

For example, the following situations may trigger an initial evaluation under Section 504:

· a student failing to achieve passing grades
· a student failing to advance from grade to grade
· a student being chronically absent from school
· a student returning to school after a serious illness or injury
· a student returning to school after alcohol or drug treatment
· a student being diagnosed with a "life threatening health condition"
· a student being expelled from school


Can a district limit its duty to provide FAPE to a disabled student based on cost?



No. As a general rule, a district's FAPE obligation under Section 504 is not subject to cost considerations. For example, a district generally may not refuse to provide necessary special education or related aids or services to a disabled student because doing so would cause the district a financial hardship.



Can a district refuse to provide special education services to a disabled student because the student doesn't meet the eligibility criteria under IDEA?



No. A district cannot refuse to provide special education services to a disabled student who needs special education services simply because the student doesn't meet the eligibility criteria under the IDEA. However, as a practical matter, the only disabled students who are likely to need special education services are students who are eligible for special education under IDEA.



Can a district deny a disabled student admission under school choice?


Maybe. If a district chooses to participate in school choice, it must consider and act upon requests for admission under school choice in a manner that affords disabled students an equal opportunity to be admitted as compared to non-disabled students. As a general rule, a district cannot deny a disabled student admission under school choice unless it has a legitimate, nondiscriminatory reason for doing so (e.g., the grade level or school that the student needs is at capacity). A resident district's refusal to release special education funds for a student is not a legitimate reason to reject a disabled student under school choice.



Can a district place a disabled student on a shortened school day?



Maybe. As a general rule, a district cannot limit the length of a disabled student's school day unless it has a legitimate, nondiscriminatory reason for doing so (e.g., a shortened school day is necessary to provide a particular student FAPE). In general, transportation difficulties, staff shortages, and other administrative concerns are not legitimate reasons to place a disabled student on a shortened school day.


Can a district exclude a disabled student from a field trip?



Maybe. As a general rule, a district cannot exclude a disabled student from participating in a field trip for which the student is otherwise eligible to attend unless the district has a legitimate, nondiscriminatory reason for doing so (e.g., it is not medically or behaviorally safe to include the student). It is not a legitimate reason to exclude a disabled student from a field trip because:

· the student needs a school health service (e.g. the administration of medication or the assistance of a school nurse) during the field trip; or
· the student's parent or guardian is unable to attend the field trip, unless the participation of the parents or guardians of non-disabled students is required.


Is a disabled student entitled to extended school year (ESY) services?


Maybe. As a general rule, a district must provide ESY services to a disabled student if:
· the student's ability to perform a critical skill would substantially regress during a normal school break and the student would not recoup the lost skill within a reasonable period of time; or
· for one or more other reasons, the interruption of instruction on a critical skill during a normal school break would prevent the student from benefiting from his or her education program during the regular school year.


How does Section 504 apply to the disciplinary removal of a disabled student from school?


Section 504 protects disabled students from being improperly removed from school for misconduct that is related to their disability. As a general rule, Section 504 and IDEA apply to the disciplinary removal of disabled students in a similar manner. Before a district can implement a disciplinary action that constitutes a "significant change in placement" (Refer to "What is a 'significant change in placement' under Section 504?"), it must evaluate the student to determine whether the student's misconduct is either related to his or her disability or due to an inappropriate placement. This type of evaluation is commonly called a "manifestation determination" (Refer to "What is a 'manifestation determination' under Section 504?"). If a disabled student's misconduct is a manifestation of his or her disability, a district cannot implement a disciplinary action that constitutes a significant change in the student's placement. If a disabled student's misconduct is not a manifestation of his or her disability, a district can discipline the student in the same manner that it disciplines non-disabled students for the same misconduct. Under Section 504, unlike IDEA, a district does not have to provide a disabled student educational services during the period of time the student is properly removed from school for disciplinary reasons.


What is a "manifestation determination" under Section 504?

A "manifestation determination" is an evaluation that answers two questions:



· Is the misconduct in question related to the student's disability?


This determination must be based upon evaluation data related to behavior, and must be recent enough to afford an understanding of the student's current behavior. Misconduct is a manifestation of a disability if it "arises from the disability," "is caused by the disability," "has a direct and substantial relationship to the disability," or if the disability significantly impairs the student's behavioral controls. Misconduct is not a manifestation of a disability if it bears only a weak relationship to the student's disability. A determination that a student knows the difference between right and wrong does not constitute a determination that the student's misconduct was or was not a manifestation of the disability. In addition, a district cannot make a categorical determination that misconduct is or is not a manifestation of a disability based on a student's IDEA eligibility label.

· Is the misconduct in question due to an inappropriate placement?

This determination must be based upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. District staff does not need to use all of the sources of information listed above in every instance. The point of the requirement is to ensure that more than one source of information is used in making such a placement decision. In addition, the district should examine the kinds of educational placements that previously have been tried with the student and determine whether a placement more restrictive than the current placement would control the student's behavior. As a general rule, a district should not long-term suspend or expel a student without first attempting to control the student's behavior by placing the student in a more restrictive educational placement unless it has a legitimate reason for rejecting a more restrictive placement as a viable placement option.


Is a district required to waive uniform age-eligibility requirements to enable a disabled student to participate in interscholastic athletics?



Maybe. This issue arises when a student is retained early in his or her school career for disability-related reasons and "ages out" of interscholastic athletic competition while in high school. As a general rule, a district can impose uniform age-eligibility requirements to participate in interscholastic athletics as long as it does so for disabled and non-disabled students alike. On the other hand, a district may be required to waive such eligibility requirements for interscholastic athletics if a disabled student "ages out" of athletic eligibility because a district's denial of FAPE caused the student's retention.



Is a district required to waive minimum grade/credit hour eligibility requirements to enable a student to participate in extracurricular activities?



Maybe. This issue arises when a disabled student is denied participation in extracurricular activities because he or she hasn't met the minimum grade/credit hour requirements for eligibility. As a general rule, a district can impose minimum grade/credit eligibility requirements to participate in extracurricular activities as long as it does so for disabled and non-disabled students alike. On the other hand, a district may be required to waive such eligibility requirements for extracurricular activities if a disabled student can establish that a district's denial of FAPE caused the student's low grades/credit hours. In addition, a district may choose to waive such eligibility requirements if a student needs to participate in extracurricular activities to receive FAPE.


Is a district required to modify the curriculum in a general education class to accommodate a disabled student?


Maybe. A district must modify the curriculum in a general education class if a disabled student needs a modified curriculum to participate in or benefit from the class and the necessary modification does not fundamentally alter the nature of the class. A district is under no obligation to provide a curriculum modification that would result in a class that is fundamentally different in nature. For example, if a student is enrolled in a lab science class and the student cannot complete the lab requirement due to disability-related absences, the district is under no obligation to modify the class by waiving the lab requirement. The decision of whether a disabled student needs a modified curriculum is a placement decision under Section 504.


Is a district required to modify the grading system in a general education class to accommodate a disabled student?



Maybe. A district must modify the grading system in a general education class if doing so is necessary to provide a disabled student an equally effective system to assess the student's performance in the class. The decision of whether a disabled student needs a modified grading system is a placement decision under Section 504.


Can a district indicate on a disabled student's transcript that it provided the student a modified curriculum or grading system in a general education class?



Yes. A district can indicate on a disabled student's transcript that it provided the student a modified curriculum or grading system in a general education class if it has a legitimate, nondiscriminatory reason for doing so. For example, it is not discriminatory for a district to indicate on a student's transcript the nature of the curriculum or grading system provided to the student if the district does so for disabled and non-disabled students alike.



Can a district provide a modified diploma to a disabled student?



Yes. As a general rule, a district can impose minimum requirements to receive a regular diploma as long as it does so for disabled and non-disabled students alike. For example, a district can provide a modified diploma to a disabled student because the student has not met the established minimum requirements for receipt of a regular diploma. If a student does not graduate with a regular diploma, the student is eligible to receive FAPE until the age of 21.


Resources on Section 504
US Department of Education, Office for Civil Rights: www.ed.gov/ocr
Sound Options Mediation: www.somtg.com
Office of the Superintendent of Public Instruction (OSPI): www.k12.wa.us
Special Education: www.k12.wa.us/specialed
Health Services: www.k12.wa.us/LearnTeachSupp/healthservices
LRP Special Education Connection: www.specialedconnection.com
Parents are Vital in Education (PAVE): www.washingtonpave.org
Educational Service Districts:
Puget Sound ESD: www.psesd.wednet.edu
Northwest ESD: www.esd189.org
North Central ESD: www.ncesd.org
Olympic ESD: www.oesd.wednet.edu
ESD 113: www.esd113.k12.wa.us
ESD 112: www.esd112.wednet.edu
ESD 105: www.esd105.wednet.edu
ESD 123: www.esd123.wednet.edu
ESD 101: www.esd101.net
Council of Educators for Students with Disabilities: www.504idea.org
Gorn, Susan. What Do I Do When…The Answer Book on Section 504. LRP 1998.

 

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Appendix A



Sample Section 504 Board Policy
Policy #
Section 504 Compliance



It is the policy of the __________________ School District to provide a free and appropriate public education to each student within its jurisdiction, including students with disabilities, regardless of the nature or severity of the disability.
It is the intent of the District to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate educational services.

**************************************************

Appendix B


Sample Complaint Procedure



Sample Section 504 Complaint Form



Date_______________ Your School___________________________________

Your Name_____________________________ Your Phone___________________
Your Address
Person discriminated against______________________relationship to you_____
Please describe your concerns and why you believe they raise an issue under Section 504. Include a description of what happened, when and where it happened, and who was involved. (Feel free to attach additional pages if necessary)









Explain the steps you have already taken to resolve the issue, if any.










Describe what resolution to your concerns you would like to see.










Please attach any documents or other information you think will help with the investigation of your complaint.



Sample Section 504 Impartial Hearing Procedure


1. The parent requests an impartial hearing by filing a written request with district 504 Coordinator. The district 504 Coordinator is: .
2. The 504 Coordinator arranges for an impartial hearing officer. A list of possible hearing officers may be obtained from Puget Sound ESD, 206-439-6936.
3. Either the 504 Coordinator or the hearing officer gives notice of the time and place of the hearing at least 10 calendar days before the hearing. Either party may request that the hearing be rescheduled.
4. The hearing officer holds a telephone conference with the parties to clarify the issues at least 7 calendar days before the hearing.
5. The parties will provide any documents or other evidence they plan to present at the hearing to the other party and the hearing officer at least 5 business days before the hearing.
6. Both parties have the right to accompanied and advised by counsel or other representative. The parents have the right to open the hearing to the public.
7. The parties will not communicate with the hearing officer about any issue of fact or law unless the other party has notice and opportunity to participate in the communication.
8. The parents present their arguments and evidence first, followed by the school district.
9. The hearing will be recorded by mechanical device or by certified court reporters. The parties have the right to request a verbatim record of the hearing.
10. The hearing officer will issue a decision in writing after considering the whole record, but not more than 45 calendar days after the district received the hearing request.


*****************************************************

Appendix C


Sample Section 504 Coordinator Job Description


Duties and Responsibilities:


· Facilitates the implementation of the school board approved Section 504/ADA policy.
· Develops, continually revises and ensures the implementation of consistent Section 504 procedures.
· Provides ongoing training and support to district staff regarding Section 504 and the implementation of the Section 504 procedures.
· Collects and maintains all Section 504 data (504 plans, lists of eligible students, discipline records) for future reference.
· Continually monitors the reduction of architecture barriers for individuals with disabilities.
· Facilitates the provision of reasonable accommodations for district employees with disabilities.
· Serves as a daily resource to district administrators, building level teams, and community members regarding Section 504/ADA issues.
· Coordinates Section 504 /ADA grievance procedures.
· Serves as the school district's liaison to the Office for Civil Rights. (OCR complaint resolution and corrective action plan implementation).
· Advises the district superintendent and school board regarding Section 504/ADA compliance issues and needs.


Sample Section 504 Building Designee Job Description

Duties and Responsibilities:


· Maintains compliant building records and documentation for all eligible students and provides copies to the District Section 504 coordinator.
· Ensures the implementation of Section 504 procedures in the building.
o Coordinates referrals
· Determines appropriate 504 team composition
· Facilitates evaluation/eligibility determination
· Provides notices and consents
· Develops 504 plans
· Monitors the implementation of 504 plans
o Schedules annual reviews of each 504 student
o Assures that 504 plans move with the student to the next level or new school
· Serves as a daily resource to the building administrators, teachers, and community members regarding section 504 issues.
· Advises the school administrator regarding discipline issues and procedures for Section 504 eligible students being considered for suspension or expulsion.
· Serves as a liaison between the school building and other District staff regarding Section 504 issues.
· Attends periodic District Section 504 training meetings.

********************************************************

Appendix D


Sample Section 504 Referral and Recommendations



Referral Date ________________
Student ___________________________Sex ___DOB_________ Age ____
             Last                                       First                                    M.I
Parent/Guardian/Surrogate________________________________________

Address 
Street _____________________________
City_______________________________
State ____________Zip__________
School Teacher(s)____________________________ Grade ________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Telephone
Home______________ Mother's Work ________Father's Work_____

English Proficient YES NO

Home Language

Screened by ESL YES NO

Referral made by Position

This referral and function of the 504 Team have been discussed with the Parent/Guardian/Surrogate
YES NO
Date

Description of Teacher/School/Parent concern(s)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Provide information to substantiate concern(s) (i.e., pre-referral data, disciplinary information, screening instruments, observations, anecdotal data, reports, examples of student's work)
_____________________________________________________________
_____________________________________________________________
______________________________________________________________
Describe interventions already used in attempting to resolve concern(s):
___________________________________________________________
___________________________________________________________
__________________________________________________________
__________________________________________________________
_________________________________________________________


TO BE COMPLETED BY THE 504 TEAM



Date of 504 Team Meeting________________________________
Recommendations


Refer for Comprehensive Evaluation under IDEA

Screen by ESL

Screen/evaluate for 504 eligibility

Other, Specify




504 Team member responsible to inform Parent/Guardian/Surrogate of recommendations:

Name/Position



Sample Notice of Action/Consent


To: __________________Date:____________________
(Parent/adult student/guardian)_______________________
Student's name: _____________________DOB ____________________

Student ID No.__________________________
I. Notice of Action The purpose of this written notice is to inform you that we are:
proposing to initiate a/an
refusing change

Mark all items below that apply:
evaluation 504 plan
disciplinary action
eligibility reevaluation
other:

Description of the proposed or refused action:


Reason why we are proposing or refusing to take action is:


Date: ___________________
(Name of building 504 coordinator.)



II. Parent Consent (Only required for initial evaluation and initial placement.)

Yes, I do consent to an initial evaluation for my child._____________________
No, I do not consent to an initial evaluation for my child.__________________
Yes, I do consent for initial placement for my child for a 504 plan.____________
No, I do not consent for initial placement for my child for a 504 plan._________________________

Signature: ______________________________Date: _________________
(parent/adult student/guardian)
Signature:___________________________ Date:______________________
(parent/adult student/guardian)
504 Coordinator Telephone:________________

Copies to: 1) Parents/adult student/guardian
2) School 504 file
3) District 504 coordinator



Section 504 Notice of Parent/Guardian and Student Rights



This is a notice of your rights under Section 504. These rights are designed to keep you fully informed about the district's decisions about your child and to inform you of your rights if you disagree with any of those decisions.
You have the right to:
· Have your child participate in and benefit from the district's education program without discrimination based on disability.
· An explanation of your and your child's rights under Section 504.
· Receive notice before the district takes any action regarding the identification, evaluation, or placement of your child.
· Refuse consent for the initial evaluation and initial placement of your child.
· Have your child receive a free appropriate public education. This includes your child's right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the district provide related aids and services to allow your child an equal opportunity to participate in school activities.
· Have your child educated in facilities and receive services comparable to those provided to non-disabled students.
· Have your child receive special education services if she/he needs such services.
· Have evaluation, educational, and placement decisions for your child based upon information from a variety of sources, by a group of persons who know your child, your child's evaluation data, and placement options.
· Have your child be provided an equal opportunity to participate in non-academic and extracurricular activities offered by the district.
· Have educational and related aids and services provided to your child without cost except for those fees imposed on the parents/guardians of non-disabled children.
· Examine your child's education records and obtain a copy of such records at a reasonable cost unless the fee would effectively deny you access to the records.
· A response to your reasonable requests for explanations and interpretations of your child's education records.
· Request the district to amend your child's education records if you believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. If the district refuses this request, you have the right to challenge such refusal.
· Request mediation or an impartial due process hearing to challenge actions regarding your child's identification, evaluation, or placement. You and your child may take part in the hearing and have an attorney represent you. Hearing requests can be made to the district's 504 coordinator.
· Ask for payment of reasonable attorney's fees if you are successful on your claim.
· File a local grievance or a complaint with the U.S. Department of Education Office for Civil Rights.

The person in this district who is responsible for ensuring that the district complies with Section 504 is: .


Sample Section 504 Student Eligibility Form


Name: _____________________Date of Meeting: ________
Date of Birth: _______________School: ____________Grade:____
1. Describe the nature of the concern:


2. What is the mental or physical disability?


3. Describe the basis for the determination of disability if any: (Screening and evaluation data):



4. Describe how the disability impacts learning and/or access to other educational benefits or services:



5. Student is eligible under Section 504? Yes No
· If no, Team recommendations:




· If yes, recommended accommodations/services:





Participants Name ---------------------------Title -------------------Date---------
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________

Sample 2 Page 1 of 2


SECTION 504 EVALUATION AND ELIGIBILITY REPORT



(Health History and Conditions Form # 336 or Physicians Orders: For students with diabetes #334
used by nurses may be used in lieu of this form)

Student's Name:____________________ Date of Birth:___________
· Concerns regarding this student have been identified in the following areas:

Self Care_____________ Seeing________ Breathing_______________
Performing manual tasks___________ Hearing_______ Learning  _______
Walking ___________________-Speaking __________________________Behavior____________________
Other

Describe concerns:


· Evaluation Information and Summary. The Section 504 committee has considered the following evaluation information in determining if this student qualified as disabled under Section 504. (A parent signature is required on the Notice of Action/Parent Consent Form before an evaluation commences.)

Aptitude and Achievement Evaluation Results:


Reported Classroom Grades and Performance:


School Attendance Reports and Records:


Classroom and General School Behavior:



Medical and/or Health History:


Other:



On the basis of the above evaluation data, the 504 Committee has determined that
(student's name) is eligible is not eligible for services under Section 504.


Sample 2 Page 2 of 2


Eligible



The following major life activity is substantially limited:
Self Care____________ Seeing_________ Breathing______
Performing manual tasks __________Hearing_____ Learning________
Walking _______Speaking________ Behavior________
Other __________________

Description of the condition that impacts learning or access to learning or other educational benefits or services:





Not Eligible
Explanation of why the 504 Committee has determined that the student is not eligible:






Signature of Participants:
Signature Name------------------------- Position/Title----------------------------- Date
___________________________________________________________
_________________________________________________________
__________________________________________________________
________________________________________________________
______________________________________________________
_________________________________________________________


SAMPLE SECTION 504 PLAN



Student's Name: __________________Date: _____________

Section 504 Disability:________________________ Birthdate: _________

School: ______________________Grade:__

DESCRIBE THE ACCOMMODATIONS THAT WILL BE IMPLEMENTED:
Instructional:


Environmental/Accessibility:


Behavioral/Social:


Assessment/Testing/WASL:


Implementation Date:_______________________________ Review Date: _________________________

Signature ___________________________Date_________________________ Agree/Disagree_____________________


Case Manager_______________________________
Principal/Designee____________________________
Teacher____________________________________
Parent_____________________________________
(Parent-Signature acknowledges consent for proposed plan/placement)








Sample 2


SECTION 504 Plan



Student's Name:___________________________ Date: ______________
School: ________________________Grade:___ Birthdate:__________
Section 504 Disability: ___________________________________
(A person with a disability means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a history of such an impairment, or is regarded as having such an impairment. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.)
Description of Accommodations: The specific accommodations that are necessary for the child to have an opportunity commensurate with non-disabled students (at about the same age) in this district, e.g., instructional, environmental/accessibility, behavioral/social, assessment/testing/WASL:









Implementation Date: ______________Review Date: _______________

Position --------------------Signature -------------------------------------------Date_________________________
Case Manager: ____________________________________
Teacher: _________________________________________
Administrator/Designee:_____________________________
Other, specify: _______________________________ _____
Parent: __________________________________________
Signature acknowledges consent for proposed plan/placement.



Attachment: Notice of Action and 504 Parent/Student Rights


Sample Page 1 of 3


504 MANIFESTATION REPORT



This form should be used whenever expulsion is being considered as a consequence for serious misbehavior purportedly committed by a student with an identified 504 disability. The process is twofold: 1) to review the appropriateness of the 504 plan and 2) to determine if the student's misbehavior was a manifestation of his or her 504 disability. Parents and advocates will collectively have one vote in the manifestation determination process.

Student Name:_______________________________ Birth Date: _____________I.D._____________
Meeting Date:____________________ School:__________________ Disability: _____________

Part I

Describe the alleged incident/behavior that initiated this meeting:
________________________________________________________
________________________________________________________
________________________________________________________

Has the student been suspended before? (If "yes", include a brief description of the incident(s), frequency and duration.)
_________________________________________________________
_________________________________________________________
_________________________________________________________

Have disciplinary concerns been increasing decreasing other Is the student currently on a behavior plan?
_________________________________________________________
_________________________________________________________
_________________________________________________________


Sample Page 2 of 3

Is the student's 504 plan appropriate, particularly as it relates to the misconduct? Yes No


Indicators:


Was the accommodations defined in the student's 504 plan in place at the time of the infraction? Yes No



If the majority/consensus opinion is that the student's 504 plan was inappropriate or significantly not complied with as it relates to the misconduct, then the expulsion process, ceases and a review of the current 504 plan should immediately occur. Please indicate such a majority/consensus opinion by signing below.

Signatures of participants:
__________________________________________________
__________________________________________________
__________________________________________________
___________________________________________________
___________________________________________________

Part II
If the 504 plan is deemed appropriate, this committee should proceed to the next step of addressing the manifestation issue(s) that follow.



Did the student's 504 disability impair his/her understanding of the impact and consequences of the misbehavior?

Yes No


Indicators:




Sample Page 3 of 3

Did the student's 504 disability impair his/her control of the misbehavior? Yes No

Indicators:

Is the student's misbehavior a manifestation of his/her identified 504 disability?

Signature Title

Yes No ________________________________________
Yes No________________________________________
Yes No ________________________________________
Yes No ________________________________________
Yes No ________________________________________
Yes No ________________________________________



*************************************************

Appendix E

ACCOMMODATION EXAMPLES FOR SPECIFIC DISABILITIES



Here are some examples of accommodations and services that might be considered for specific disability profiles. Please keep in mind that these examples are not intended to be all-inclusive or mandatory. Do not use these examples as a "checklist" as accommodations are to be made on a case-by-case basis specific to individual need. Please also remember that the mere presence of these conditions does not automatically qualify a student for a Section 504 plan. The disability must significantly limit one or more life functions before a 504 plan is to be considered. Additionally, this disability must impact the student so that he or she is not afforded access and benefit of programs and services equal to that of non-disabled students.



ALLERGIES



EXAMPLE: The student has severe allergic reactions to certain pollens and foods. For purposes of this example the condition substantially limits the major life activity of breathing and may interfere with the student's ability to get to school or participate once there.


Possible Accommodations and Services:


· Avoid allergy-causing substances: soap, weeds, pollen, food
· In-service necessary persons: dietary people, peers, coaches, laundry service people, etc.
· Allow time for shots/clinic appointments
· Use air purifiers
· Adapt physical education curriculum during high pollen time
· Improve room ventilation (i.e., when remodeling has occurred and materials may cause an allergy)
· Develop health care and/or emergency plans
· Address pets/animals in the classroom
· Involve school health consultant in school related health issues
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects


ARTHRITIS



EXAMPLE: A student with severe arthritis may have persistent pain, tenderness or swelling in one or more joints. A student experiencing arthritic pain may require a modified physical education program. For purposes of this example, the condition substantially limits the major life activity of learning.


Possible Accommodations and Services:


· Provide a rest period during the day
· Accommodate for absences for doctors' appointments
· Provide assistive devices for writing (e.g., pencil grips, non-skid surface,
· typewriter/computer, etc.)
· Adapt physical education curriculum
· Administer medication following medication administration protocols
· Train student for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Arrange for assistance with carrying books, lunch tray, etc.
· Provide book caddie
· Implement movement plan to avoid stiffness
· Provide seating accommodations
· Allow extra time between classes
· Provide locker assistance
· Provide modified eating utensils
· Develop health care plan and emergency plan
· Provide for accommodations for writing tasks: a note taker, a computer or tape recorder for note-taking
· Make available access to wheelchair/ramps and school van for transportation
· Provide more time for massage or exercises
· Adjust recess time
· Provide peer support groups
· Arrange for instructional aide support
· Install handle style door knobs (openers)
· Record lectures/presentations
· Have teachers provide outlines of presentations
· Issue Velcro fasteners for bags
· Obtain padded chairs
· Provide a more comfortable style of desk
· Adjust attendance policy, if needed
· Provide a shorter school day
· Furnish a warmer room and sit student close to the heat
· Adapt curriculum for lab classes
· Supply an extra set of books for home use and keep a set at school
· Let student give reports orally rather than in writing
· Provide an awareness program for staff and students
· Monitor any special dietary considerations
· Involve school health consultants in school health related issues
· Provide post-secondary or vocational transition planning



ASTHMA



EXAMPLE: A student has been diagnosed as having severe asthma. The doctor has advised the student not to participate in physical activity outdoors. For purposes of this example, the disability limits the major life activity of breathing.


Possible Accommodations and Services:


· Adapt activity level for recess, physical education, etc.
· Provide inhalant therapy assistance
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Remove allergens (e.g., hair spray, lotions, perfumes, paint, latex)
· Make field trips that might aggravate the condition non-mandatory and supplement with videos, audiotapes, movies, etc.
· Accommodate medical absence by providing makeup work, etc.
· Adjust for administration of medications
· Provide access to water, gum, etc.
· Adapt curriculum expectations when needed (i.e., science class, physical education, etc.)
· Develop health care and emergency plans
· Have peers available to carry materials to and from classes (e.g., lunch tray, books)
· Provide rest periods
· Make health care needs known to appropriate staff
· Provide indoor space for before and after school activities
· Have a locker location which is centralized and free of atmosphere changes
· Adapt attendance policies, school day duration, or 180-day requirement, if needed
· Place student in most easily controlled environment



ATTENTION DEFICIT DISORDER (ADD) AND
ATTENTION DEFICIT HYPERACTIVE DISORDER (ADHD)



EXAMPLE: The student does not meet eligibility requirements under IDEA as emotionally disturbed, learning disabled, or other health impaired. A doctor regards the student as having ADD, and for purposes of this example, the disability limits the major life activity of learning. The student, because of his disability, is unable to participate in the school's programs to the same degree as students without disabilities and therefore is substantially limited by the disability.


Possible Accommodations and Services:


· Seat the student away from distractions and in close proximity to the teacher
· State classroom rules, post in an obvious location, and enforce consistently
· Use simple, concise instructions with concrete steps
· Provide seating options
· Tolerate (understand the need) excessive movement
· Provide a peer tutor/helper
· Teach compensatory strategies
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Monitor for stress and fatigue; adjust activities
· Adjust assignments to match attention span, etc.
· Vary instructional pace
· Vary instructional activities frequently
· Provide supervision during transitions, disruptions, field trips
· Model the use of study guides, organizing tools
· Accommodate testing procedures; lengthy tests might be broken down into several shorter administrations
· Provide counseling and prompt feedback on both successes and areas needing improvement
· Initiate frequent parent communication
· Establish a school/home behavior management program
· Provide training for staff
· Have the student use an organizer; train in organizational skills
· Establish a nonverbal cue between teacher and student for behavior monitoring
· Assign chores/duties around room/school
· Adapt environment to avoid distractions
· Reinforce appropriate behavior
· Have child work alone or in a study carrel during high stress times
· Highlight required or important information/directions
· Provide a checklist for student, parents, and/or teacher to record assignments of completed tasks
· Use a timer to assist student to focus on given task or number of problems in time allotted; stress that problems need to be done correctly.
· Have student restate or write directions/instructions
· Allow student to respond in variety of different modes (i.e., may place answers for tests on tape instead of paper)
· Give student opportunity to stand/move while working
· Provide additional supervision to and from school
· Adapt student's work area to help screen out distracting stimuli
· Grade for content integrity not just neatness/presentation
· Schedule subjects which require greater concentration early in the day
· Supply small rewards to promote behavior change
· Avoid withholding physical activity as a negative reinforcer
· Allow for periodic, frequent physical activity, exercise, etc.
· Determine trigger points and prevent action leading to trigger points
· Provide for socialization opportunities, such as circle of friends



BIPOLAR DISORDER



EXAMPLE: The student was diagnosed as having a bipolar disorder, however the severity (frequency, intensity, duration considerations) of the condition did not qualify the student for IDEA. A properly convened 504 committee determined that the condition did significantly impair the major life activity of learning and fashioned a 504 plan for the student.


Possible Accommodations and Services:


· Break down assignments into manageable parts with clear and simple directions, given one at a time
· Plan advanced preparation for transitions
· Monitor clarity of understanding and alertness
· Allow most difficult subjects at times when student is most alert
· Provide extra time on tests, class work, and homework if needed
· Strategies in place for unpredictable mood swings
· Provide appropriate staff with training on bipolar disorder.
· Create awareness by staff of potential victimization from other students
· Implement a crisis intervention plan for extreme cases where student gets out of control and may do something impulsive or dangerous
· Provide positive praise and redirection
· Report any suicidal comments to counselor/psychologist immediately
· Consider home instruction for times when the student's mood disorder makes it impossible for him to attend school for an extended period



CANCER



EXAMPLE: A student with a long-term medical problem may require special accommodations. Such a condition as cancer may substantially limit the major life activities of learning and caring for oneself. For example, a student with cancer may need a class schedule that allows for rest and recuperation following chemotherapy.


Possible Accommodations and Services:


· Adjust attendance policies
· Limit numbers of classes taken; accommodate scheduling needs (breaks, etc.)
· Send teacher/tutor to hospital, as appropriate
· Take whatever steps are necessary to accommodate student's involvement in extra-curricular activities if they are otherwise qualified
· Adjust activity level and expectations in classes based on physical limitations; don't require activities that are too physically taxing
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Provide appropriate assistive technology
· Provide dietary accommodations
· Provide a private area in which to rest
· Shorten school day
· Arrange for home tutoring following treatment
· Send additional set of texts and assignments to hospital schools
· Tape lessons. Accept the fact that the lessons and content-area tests may not be appropriate; the student is learning many life lessons through this experience
· Adjust schedule to include rest breaks
· Provide counseling; establish peer group support
· Adapt physical education
· Provide access to school health services
· Provide awareness training to appropriate staff and students
· Develop health care emergency plan to deal with getting sick at school
· Offer counseling for death and dying to peers/teachers/staff
· Furnish a peer tutor
· Provide student with a student buddy for participation in sports
· Initiate a free pass system from the classroom
· Provide lessons using mastery learning techniques
· Provide individual school counseling
· Begin friendship groups for the student
· Provide teachers with counseling, emphasizing positive attitudes
· Have a health plan for care of mediport/any other intravenous lines and medical needs
· Plan ongoing communication about school events
· Notify parents of communicable diseases in school
· Designate a person in school to function as liaison with parents as a means of updating changing health status


CEREBRAL PALSY



EXAMPLE: The student has serious difficulties with fine and gross motor skills. A wheelchair is used for mobility. For purposes of this example, the condition substantially limits the major life activity of walking. Cognitive skills are intact.


Possible Accommodations and Services:


· Provide assistive technology devices
· Arrange for use of ramps and elevators
· Allow for extra time between classes
· Assist with carrying books, lunch trays, etc.
· Adapt physical education curriculum
· Provide for physical therapy as appropriate. Such therapy needs to relate directly to "life skills"
· Train for proper dispensing of medications; monitor and/or distributed medications; monitor for side effects
· Adapt eating utensils
· Initiate a health care plan that also addresses emergency situations
· Train paraprofessionals in the case of this student (i.e. feeding, diapering, transporting to and from the wheelchair)
· Adapt assignments
· Educate peers/staff with parent/student permission
· Ensure that programs conducted in the basement or on second or third floor levels are accessible
· Ensure that bathroom facilities, sinks and water fountains are readily accessible.
· Provide post-secondary or vocational transition planning.



CHRONIC INFECTIOUS DISEASES



(i.e., Acquired Immune Deficiency Syndrome (AIDS)



EXAMPLE: The student frequently misses school and does not have the strength to attend a full day. For purposes of this example, the student has a record of a disability, which substantially limits the major life activities of learning. Please review applicable District policies.


Possible Accommodations and Services:


· In-service staff and students about the disease, how it is transmitted and how it is treated (Consult appropriate District policies)
· Apply universal precautions
· Administer medications following medication administration protocols, train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Adjust attendance policies
· Adjust schedule or shorten day
· Provide rest periods
· Adapt physical education curriculum
· Establish routine communication with health professionals, area nurse, and home
· Develop health-care and emergency plan
· Consult with doctor, parents, teachers, area nurse, and administrators
· Train appropriate teachers on medical/emergency procedures
· Provide two-way audio/video link between home and classroom via computer, etc.
· Arrange for an adult tutor at school or home
· Adapt assignments and tests
· Provide an extra set of textbooks for home
· Provide staff training on confidentiality
· Provide education and support for peers regarding issues of death and dying
· Provide transportation to and from school if needed as a related service
· Tape books or provide a personal reader
· Arrange to communicate with a home computer with e-mail
· Notify parents of communicable disease in the classroom
· Arrange for participation in a support group
· Provide for post-secondary employment transitions for secondary students
· Foster supportive community attitudes regarding the District's need to provide education to HIV positive/AIDS students
· Develop and promote a nondiscriminatory classroom climate and supportive student attitudes
· Promote the most supportive, least restrictive educational program
· Initiate a "Kids on the Block" AIDS program
· Videotape classroom teaching
· Provide a peer support group to encourage communication
· Involve school health consultant in school-related health issues



CYSTIC FIBROSIS


EXAMPLE: This student is a new enrollee at your school and has an extensive medical history. He has significant difficulty breathing and will often be absent due to respiratory infection. While medical needs can be easily documented on a health plan, his educational needs also need to be accommodated. For purposes of this example, learning is the major life activity that is substantially impaired.


Possible Accommodations and Services:


· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Create a health care plan for management of acute and chronic phases
· Promote good communication between parents, hospital, home, and school on school assignments
· Shorten the school day
· Adapt physical education activities
· Apply universal precautions, correct disposal of fluids
· Recognize need for privacy for "good coughing"
· Educate staff and peers


DEAF/HEARING IMPAIRMENT



EXAMPLE: A student was diagnosed with a substantial hearing impairment at a very early age. Therefore, he has both a hearing loss and a mild speech impediment. He compensates through both lip reading and sign language. Academic abilities test in the average range.


Possible Accommodations and Services:


· Allow for written direction/instructions in addition to oral presentation
· Ensure delivery of instruction facing the student to allow lip reading
· Provide visual information as primary mode of instruction
· Allow for provision of interpreter services
· Install acoustical tile, carpeting
· Seat in a location with minimal background noise
· Provide paper and pencil/pen to write/draw requests when needed
· Facilitate acquisition of TDDs and related assistive technology
· Allow for extra time between classes
· Provide post-secondary or vocational transition planning


DIABETES



EXAMPLE: A sixth grader with juvenile diabetes requires accommodation to maintain optimal blood sugar. His mom provides the crackers and juice to be used at "break" time and before physical education class. She asks that teachers remind him to eat at a certain time of the morning if he does not pay attention to the beeper on his watch. The youngster is very self sufficient; while he is able to monitor his own blood sugar now, he prefers to do this privately. Therefore, mom asks that the equipment and a notebook/log be stored in a nearby file cabinet and the youngster be allowed to go into the hall with the equipment to check his blood sugar twice a day. She also asks that his teacher allow him to use the bathroom as needed.


Possible Accommodations and Services:


· Health care plan for management of condition in the school setting and in emergencies
· Educate staff to signs/symptoms of insulin reaction/hypoglycemia; hunger, shakiness, sweatiness, change in face color, disorientation, drowsiness
· Do not leave the child alone if he/she is feeling poorly; walk to the office or clinic with the student.
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects; communicate systematically and frequently with parents
· Adapt physical education activities
· Store equipment and documentation in a readily accessible location for student, parent, and area nurse or clinic aid
· Accommodate food access/meal schedules rigorously
· Allow access to bathroom facilities



DRUGS AND ALCOHOL



EXAMPLE: The student has used drugs and alcohol for many years. This problem has affected the major life activities of learning and caring for oneself. The student is presently not using drugs or alcohol and is in a rehabilitation program. If the student is not using drugs or alcohol, he or she could qualify for accommodations or services under Section 504.


Possible Accommodations and Services:


· Provide copies of texts and assignments to treatment facility
· Arrange for periodic home-school contacts
· Establish daily/weekly assignments monitoring system
· Communicate with treatment facility; pursue transition services available through the treatment facility
· Provide/arrange for counseling
· Establish peer support group
· Dismiss from school for treatment without punitive measures
· Ensure strong link with school counselor
· Arrange for access to treatment at private or public facilities.
· Integrate a student assistance program into the classroom
· In-service faculty/staff with parent/student permission
· Provide post-secondary or vocational transition planning
· Provide ongoing support around chemical dependency in conjunction with other agencies
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects


EMOTIONALLY DISTURBED



EXAMPLE: An emotionally disturbed student may need an adjusted class schedule to allow time for regular counseling or therapy. For purposes of this example, the condition substantially limits the individual's major life activity of learning.


Possible Accommodations and Services:


· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Maintain weekly/daily journals for self-recording of behavior
· Establish home-school communication system
· Schedule periodic meetings with home and treatment specialists
· Provide carry-over of treatment plans into school environment
· Assist with inter-agency referrals
· Utilize behavior management programs
· Develop contracts for student behavior
· Post rules for classroom behaviors; teach expectations
· Provide counseling, social skills instruction
· Reinforce replacement behaviors
· Educate other students/staff/school personnel
· Foster carryover of treatment plans to home environment
· Reinforce positive behavior
· Schedule shorter study/work periods according to attention span capabilities
· Be consistent in setting expectations and following up on reinforcements/consequences
· Provide post-secondary or vocational transition planning



ENCOPRESIS/ENURESIS



EXAMPLE: A student who will urinate or defecate in clothes. Not to be confused with physical incontinence, but only to a needed behavior change (i.e. toilet training, bowel/bladder retraining).


Possible Accommodations:


· Maintain low key responses
· Have a change of clothes available at school in the clinic or alternative location
· Plan a consistent response to events; send student to clinic or alternative location for clean-up and change of clothes; while wearing latex/rubber gloves, place soiled clothes in a plastic bag; call parent and make arrangements for soiled items to be returned home
· Observe for consistent trigger events
· Support bowel/bladder retraining program that is recommended by the physician


EPILEPSY


EXAMPLE: The student is on medication for seizure activity, but experiences several petit mal seizures each month. This condition substantially limits the major life activity of learning.


Possible Accommodations and Services:


· Call parent and document the characteristics of each seizure
· Assess breathing after seizure
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Train staff and students and prepare an emergency plan
· Anticipate recovery process should a seizure occur. Move seating/clear space during seizure. Do not insert objects into the student's mouth during seizure; administer no fluids if student is unconscious. Turn the unconscious student on his or her side to avoid aspiration of vomit. Provide rest time and return to academic considerations following seizure.
· Arrange a buddy system, especially for field trips
· Avoid portable chalk boards or furniture that would topple over easily
· Provide an alternative recess, adapt activities such as climbing and/or swimming
· Plan for academic make-up work
· Alter door openings to allow access from the outside (i.e., bathroom stall doors that swing both ways)
· Observe for consistent triggers (e.g., smells, bright light, perfume, hair spray)
· Provide post-secondary or vocational transition planning



HEARING IMPAIRMENT



EXAMPLE: A parent is hearing impaired and requests, access to school sponsored activities. The District makes accommodations by providing interpreter services for the parent to participate effectively in school-sponsored events or meetings about the student.


Possible Accommodations and Services:


· Provide an interpreter for those school events where accommodations may be necessary/are requested
· Make alternative arrangements for home-school contacts/communication
· Assist with locating peer or support groups
· Use written notes for communication
· Arrange with phone company for assistive devices on public phones
· Provide information on assistive technology; acquire assistive equipment for school use
· Provide in-house TDD or relay services to receive/communicate efficiently
· Provide post-secondary or vocational transition planning



LEARNING DISABILITIES


Individual profiles of learning strengths and weaknesses will vary. THE EXAMPLE: The student has a learning disability that impacts her ability to read. She has more difficulty with word decoding and spelling than reading comprehension. Thus, completing reading tasks is difficult and slow. She is currently a student receiving special education services.


Possible Accommodations and Services:


· Provide lower-readability materials covering course context
· Provide extended time on tests
· Arrange for student/volunteer readers
· Provide information on accessing materials through recordings for the Blind and Dyslexic (i.e., books on tape)
· Allow access to spell checkers and/or word processing
· Provide information on accommodations for college-entrance/qualifying exams (i.e., PSAT)
· Written directions in addition to oral
· Clearly sequenced instruction
· Visual graphs/charts/diagrams to support instruction
· Provision of computer access
· Seating toward the instructor
· Support/suggestions relative to post-secondary/career options
· Support in the use of organizational/time-management strategies
· Support in the use of strategies to assist memory and problem-solving
· Use of multi-sensory instructional methods (i.e., visual graphs and charts to accompany oral presentation)
· Provide post-secondary or vocational transition planning



LEUKEMIA



EXAMPLE: The student has recently been diagnosed with leukemia and requires frequent hospitalization. The condition substantially limits the major life activity of learning and caring for oneself.


Possible Accommodations and Services:


· Involve area nurse in assessing current limitations and development of health plan
· Provide homebound instruction if needed
· Provide the student with an adjusted school day
· Make needed accommodations during physical education/recess
· Provide rest periods
· Have medical services and medication available at school. Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Support the proper diet as per physical recommendation
· With parent/student permission, have area nurse to educate teachers/staff/peers
· Notify parents of existing communicable diseases at school (i.e., chicken pox, flu, strep throat, etc.)
· Consult with medical staff about individual needs and/or concomitant factors



ORTHOPEDICALLY IMPAIRED



EXAMPLE: The student has limited mobility and uses a wheelchair. This condition substantially limits the major life activity of walking.


Possible Accommodations and Services:


· Develop a health care and emergency plan
· Implement an adaptive physical education program
· Provide physical therapy at school
· Correct problems with physical accessibility of facilities/pathways between buildings
· Provide extra time to get to class
· Supply a set of textbooks for home
· Provide a copy of class notes from a peer
· Practice emergency exit from school building
· Ensure that access to programs held in the basement or on second or third floors is handicapped accessible
· Ensure that bathroom facilities, water fountains, sinks, etc. are readily accessible
· Provide post-secondary or vocational transition planning



STUDENT WITH SPECIAL HEALTH CARE NEEDS



EXAMPLE: The student has a special health care problem and requires clean intermittent catherization twice each day. This procedure empties the bladder and helps prevent urinary tract infections and possible wetting. The school is required to provide trained personnel to perform the procedure or to provide the student a private location to perform the procedure. The condition is substantially limiting in the major life activity of caring for oneself.


Possible Accommodations and Services:


· Apply universal precautions
· Provide trained personnel to perform special medical procedures. Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· Provide student with private location and time to perform procedures
· Involve area nurse, parents, teachers, and staff in periodic review
· Allow preferential seating as indicated by need
· Adapt recess, physical education, and transportation
· Adjust classroom environment
· Develop health care and emergency plan
· If necessary, adapt attendance policy
· Establish health alert system whereby every staff member involved with this student is aware of the health problem and of proper procedures
· Provide a beeper/paging system for trained personnel
· Make available homebound services/instruction if needed
· Provide school counseling
· Arrange for in-service to other students and staff with parent/student permission
· Provide post-secondary or vocational transition planning



TEMPORARILY DISABLED



EXAMPLE: A student was in an automobile accident and will be homebound and/or hospitalized for an extensive period. The student is considered temporarily disabled under Section 504 and should receive accommodations if this disability substantially limits a major life activity for the period of time it does so.


Possible Accommodations and Services:


· Provide duplicate sets of texts
· Provide assignments to hospital school
· Tape lessons
· Provide homebound instruction
· Schedule periodic home-school meetings
· Arrange for student to leave class early to get to next class
· Provide access to elevators
· Excuse from or adapt physical education program
· Arrange for a friend to assist student in getting from class to class, provide help with getting lunch tray
· Establish a student support network
· Provide a cordless telephone/beeper/pager
· Provide an interactive system-computer, e-mail, TV
· Arrange for peer notes
· Change seating arrangements to accommodate needs
· Adapt assignments depending on disability
· Allow more time for test completion
· Allow shortened days; adjust attendance policy
· In-service staff and class and prepare an emergency care plan
· Switch programs /classes to an accessible classroom on the main floor
· Test verbally
· Provide peer assistance for social involvement (i.e., to keep child informed of social activities)
· Furnish life-skill assistance
· Provide area nurse services



TOURETTE'S SYNDROME



EXAMPLE: The student exhibits inappropriate gestures and sounds in the classroom and hallways. The condition is substantially limiting in the major life activities of learning and caring for oneself.


Possible Accommodations and Services:


· Provide student with a means of catching up on missed lessons
· Pair with a fellow student for study if indicated
· Educate other students about associated outbursts/gestures/tics
· Arrange for frequent parental interaction if indicated
· Monitor administration/side effects of medication
· Implement a behavior management program if indicated; cue student about inappropriate behaviors
· Provide supervision for transition activities, during periods of "acting out"
· Provide alternative/larger work space or appropriate space for the child to act out if indicated
· Teach compensatory strategies
· Adapt assignments if indicated
· Provide peer/teacher in-service with parent/student permission
· Provide post-secondary or vocational transition planning


TRAUMATIC BRAIN INJURY



EXAMPLE: The student sustained a brain injury in an automobile accident. Many academic and motor skills have been lost from the injury. The student does not qualify for special education under IDEA. The condition is substantially limiting to the major life activities of learning and performing manual tasks.


Possible Accommodations and Services:


· Provide extended school year/time
· Furnish memory/organizational aids
· Provide alternative testing
· Initiate tutoring programs
· Arrange an emergency plan
· Monitor for seizure activity
· In-service staff and peers with student/parent permission
· Monitor fatigue/mental exhaustion
· Provide frequent short breaks during periods of intense concentration
· Shorten the instructional day if indicated
· Provide strategies for organizing/sequencing tasks
· Provide post-secondary or vocational transition planning


TUBERCULOSIS


EXAMPLE: The student is suspected of having active tuberculosis and must stay home until diagnostic tests are completed. The disease is no longer infectious, but the student is still weak. The condition is substantially limiting to the major life activity of learning.


Possible Accommodations and Services:


· Provide home tutor, as necessary
· In-service staff on the need for confidentiality to limit the stigmatization of him or her
· Have the medical evaluator provide feedback to staff
· Train for proper dispensing of medications; monitor and/or distribute medications; monitor for side effects
· In-service staff and students about the disease, how it is transmitted, and how it is treated
· Work with community agency or health department to provide medication and health education materials
· Work with community agency or health department to test students and staff for exposure and/or infection and to determine when the student can return to school
· Provide therapy and dispense medications if student is diagnosed with active TB; observed for side effects; arrange for parents to give medication on holidays and weekends



VISUAL IMPAIRMENT


EXAMPLE: A student has a progressive medical disorder, which results in increasing loss of visual acuity. He now requires both enhanced lighting and enlarged print materials in order to read.


Possible Accommodations and Services:


· Preferential seating
· Adaptations to the physical environment (i.e., consistent room arrangement, removal of obstacles to path of entry)
· Copies of text/reading materials for adaptation
· Modified writing tools (i.e., dark felt tip pens)
· Perkins Brailler
· Slate and stylus
· Raised lines on writing paper
· Dark lined writing paper
· Lighting aids
· Low vision devices including magnifiers, monocular glass, closed-circuit TV
· Desktop slantboard
· Enlarged print materials; textbooks, workbooks, worksheets
· Braille textbooks/reading materials
· Books on tape
· Audiotape recorder, tapes and organizational location (headphones if needed)
· Oral instead of written tests
· Standardized tests (i.e., CAT, SAT) in large print or Braille
· Tactile maps
· Computer with enlarged print screen/adaptations
· Speech synthesizer for input and output
· Screen reading device
· Optical Character Recognition System Scanner
· Mobility devices (i.e., white cane)
· Abacus


WEIGHT: DIAGNOSIS OF OBESITY, ANOREXIA, AND BULIMIA


EXAMPLE: A student has an extreme eating disorder that may require special accommodations. Obesity may be considered a disability under Section 504 where it substantially impairs a major life activity or is regarded by others as doing so.


Possible Accommodations and Services:


· Provide special seating modifications
· Make dietary modifications per physician recommendation
· Adapt physical education program per physician recommendation
· Allow extra time to get to classes
· Educate peers
· Adapt rest rooms
· Provide opportunities for socialization and peer counseling/interaction
· Ensure privacy for self-care
· Provide counseling involving the area nurse
· Provide for elevator privileges per physician's recommendation
· Arrange for counselor/area nurse to supervise peer counseling to deal with esteem issues, peer attitudes, teasing, etc.
· Address busing concerns to ensure room on buses for seating
· Arrange to provide opportunities for the individual to participate in intramural and extra-curricular events
· Make any class location changes that may be needed

Resource:
Jefferson County Colorado School District


CLASSROOM AND FACILITY ACCOMMODATIONS

As local districts develop policies and procedures for guiding the referral and identification of students determined to be disabled under Section 504, it is critical that information concerning this law and its impact on local school districts be shared with principals and building-level staff.  The intent of Section 504 is to “accommodate” for differences within the regular education environment.  For this to be accomplished, all staff must be provided with awareness activities and given specific information concerning the district’s procedures for dealing with Section 504 referrals.

As individual students are identified, the classroom teacher may need specific training in the area of the identified disability (e.g., training from the school nurse on a danger signs of an impending asthma attack, training from a physical therapist on correct positioning of a wheelchair-using student at this/her desk, etc.)  The following classroom/facility accommodations are presented as examples of ways in which Section 504 disabilities may be successfully addressed within the regular education environment.

The following information provides examples of ways in which the needs of children with disabilities (or Section 504 disabilities) may be accommodated in the regular classroom environment.

AREA OF CONCERN

ACCOMMODATIONS 

Parent/student/teacher communications

·   Develop a daily/weekly journal.

·   Develop parent/student/school contacts.

·   Schedule periodic parent/teacher meetings.

·   Provide parents with duplicate set of texts.

 

Staff Communications

·   Identify resource staff.

·   Network with other staff.

·   Schedule building team meetings.

·   Maintain ongoing communication with building principal.

 

School/community/agency communication

·   Identify and communicate with appropriate personnel working with student.

·   Assist in agency referrals.

·   Provide appropriate carryover in the school environment.

Instructional day

·   Allow student more time to pass in hallways.

·   Modify class schedule.

 

Modification of classroom/building climate to accommodate student needs

·   Plan for evacuation for wheelchair-using students.

·   Schedule classes in accessible areas.

Building health/safety procedures

·   Administer medication.

·   Apply universal precautions.

·   Accommodate special diets.

 

Difficulty sequencing and completing steps to accomplish specific tasks (e.g., organized paragraphs, division problems, etc.)

·   Break up task into workable and obtainable steps.

·   Provide examples and specific steps to accomplish task.

Shifting from one uncompleted activity to another without closure

·   Define the requirements of a completed activity (e.g., Your math is finished when all 6 problems are complete and corrected; Do not begin on the next task until it is finished).

 

Difficulty following through on instructions from others 

·   Gain student’s attention before giving directions.  Use alerting cues.  Accompany oral directions with written directions.

·   Give one direction at a time.  Quietly repeat directions to the student after they have been given to the rest of the class.  Check for understanding by having the student repeat the directions.

·   Place general methods of operation and expectations on charts displayed around the room and/or on sheets to be included in student’s notebook.

Difficulty prioritizing from most to least important

·   Prioritize assignments and activities.

·   Provide a model to help students.  Post the model and refer to it often.

 

Difficulty sustaining effort and accuracy over time

·   Reduce assignment length and strive for quality (rather than quantity).

·   Increase the frequency of positive reinforcement (catch the student doing it right and let him know it).

 

Difficulty completing assignments

·   List and/or post (and say) all steps necessary to complete each assignment.

·   Reduce the assignment into manageable sections with specific due dates

·   Make frequent checks for work/assignment completion.

·   Arrange for the student to have a “study buddy” with phone number in each subject area.

Difficulty with any task that requires memory

·   Combine seeing, saying, writing and doing—student may need to subvocalize to remember.

·   Teach memory techniques as a study strategy (e.g., mnemonics, visualization, oral rehearsal, numerous repetitions).

Difficulty with test taking

·   Allow extra time for resting, teach test-taking skills and strategies, and allow student to be tested orally.

·   Use clear, readable and uncluttered test forms. Use test format that the student is most comfortable with.  Allow ample space for student response. Consider having lined answer spaces for essay or short answer questions.

Confusion from non-verbal cues (misreads body language, etc.)

·   Directly teach (tell the student) what nonverbal cues mean.

·   Model and have student practice reading cues in a safe setting.

 

Confusion from written material (difficulty finding main idea from a paragraph, attributes greater importance to minor details)

·   Provide student with copy of reading material with main ideas underlined or highlighted.

·   Provide an outline of important points from reading material.

·   Teach outlining, main idea/details concepts.

·   Provide tape of text/chapter

 

Confusion from spoken material, lectures and audio-visual material (difficulty finding main idea from presentation, attributes greater importance to minor details)

·   Provide student with a copy of presentation notes.

·   Allow peers to share notes from presentation (have student compare own notes with copy of peer’s notes).

·   Provide framed outlines of presentations (introducing visual and auditory cues to important information).

·   Encourage use of tape recorder.

·   Teach and emphasize key words (the following… the most important point. etc.).

 

Difficulty sustaining attention to tasks or other activities (easily distracted by extraneous stimuli)

·   Reward attention.  Break up activities into small units.

·   Reward for timely accomplishments.

·   Use physical proximity and touch. Use earphones and/or study carrels, quiet place, or preferential seating.

Frequent messiness or sloppiness

·   Teach organizational skills.  Be sure student has daily, weekly and/or monthly assignment sheets, list of materials needed daily, and consistent format for papers.  Have a consistent way for students to turn in and receive back papers, reduce distractions.

·   Give reward points for notebook checks and proper paper format.

·   Provide clear copies of worksheets and handouts and consistent format for worksheets.  Establish a daily routine; provide what you want the student to do.

·   Arrange for a peer who will help with organization.

·   Assist student to keep materials in a specific place (e.g., pencils and pens in pouch).

·   Be willing to repeat expectations.

Poor handwriting (often  mixing cursive and manuscript and capitals with lower-case letters)

·   Allow for a scribe and grade for content, not handwriting.

·   Allow for use of a computer or typewriter.

·   Consider alternative methods for student response (e.g., tape recorder, oral reports, etc.).

·   Don’t penalize student for mixing cursive and manuscript (accept any method of production).

Difficulty with fluency in handwriting (e.g., good letter/word production but very slow and laborious)

·   Allow for shorter assignments (quality vs. quantity)

·   Allow alternate method of production (computer, scribe, oral presentation, etc.).

Poorly developed study skills

·   Teach study skills specific to the subject area – organization (e.g., assignment calendar), textbook reading, note taking (finding main idea/detail, mapping, outlining, skimming, summarizing).

Poor self-monitoring (careless errors in spelling arithmetic, reading)

·   Teach specific methods of self-monitoring (e.g., Stop-Look-Listen).

·   Have student proofread work when it is cold.

Low fluency or production of written material (takes hours on a 10 minute assignment)

·   Allow for alternative method for completing assignment (oral presentation, taped report, visual presentation, graphs, maps pictures, etc.) with reduced written requirement.

·   Allow for alternative method of writing (e.g., typewriter, computer, cursive or printing, or a scribe).

Apparent inattention (underachieve, daydreaming, not there)

·   Get student’s attention before giving directions, tell student how to pay attention, (Look at me while I talk; watch my eyes while I speak.) Ask student to repeat directions.

·   Attempt to actively involve student in lesson (e.g., cooperative learning).

Difficulty participating in class without being interruptive, difficulty working quietly

·   Seat student in close proximity to the teacher.

·   Reward appropriate behavior (catch student at “being good”).

·   Use study carrel if appropriate.

·    

Inappropriate seeking of attention (clowns around, exhibits loud excessive or exaggerated movement as attention-seeking behavior, interrupts, butts into other children’s activities, needles others)

·   Show student (model) how to gain other’s attention appropriately.

·   Catch the student when appropriate and reinforce.

Frequent excessive talking

·   Teach student hand signals and use to tell student when and when not to talk.

·   Make sure student is called upon when it is appropriate and reinforce listening.

Difficulty making transitions (from activity to activity or class to class); takes an excessive amount of time to “find pencil,” gives up, refuses to leave previous task; appears agitated during change

·   Program student for transitions.  Give advance warning of when a transition is going to take place (Now we are completing the worksheet, next we will) and the expectation for the transition (and you will need).

·   Specifically say and display lists of materials needed until a routine is possible.  List steps necessary to complete each assignment.

·   Have specific locations for all materials (pencil pouches, tabs in notebooks, etc.).

·   Arrange for an organized helper (peer).

·    

Difficulty remaining seated or in a particular position when required to

·   Give student opportunities to get up and move around.  Allow space for movement.

Frequent fidgeting with hands, feet or objects; squirming in seat

·   Break tasks down into small increments and give frequent positive reinforcement for accomplishments (this type of behavior is often due to frustration).

·   Allow alternative movement when possible.

Inappropriate responses in class often blurted out; answers given to questions before they have been completed

·   Seat student in close proximity to teacher so that visual and physical monitoring of student behavior can be done by the teacher.

·   State behavior that you do want (tell the student how you expect him to behave).

Agitation under pressure and competition (athletic or academic)

·   Stress effort and enjoyment for self, rather than competition with others.

·   Minimize timed activities; structure class for team effort and cooperation.

Inappropriate behaviors in a team or large group sport or athletic activity (difficulty waiting turn in games or group situations)

·   Five the student a responsible job (e.g., team captain, care and distribution of the balls, scorekeeping, etc.); consider leadership role.

·   Have student in close proximity to teacher.

Frequent involvement in physically dangerous  activities without considering possible consequences

·   Anticipate dangerous situations and plan for in advance.

·   Stress Stop-Look-Listen.

·   Pair with responsible peer. (Rotate responsible students so that they don’t wear out!)

 

Poor adult interactions

Defies authority

Sucks up

Hangs on

·   Provide positive attention.

·   Talk with student individually about the inappropriate behavior (What you are doing is…, A better way of getting what you want or need is…).

·    

Frequent self-putdowns, poor personal care and posture, negative comments about self and others, low self-esteem

·   Structure for success.

·   Train student for self-monitoring, reinforce improvements, teach self-questioning strategies (What am I doing? How is that going to affect others?)

·   Allow opportunities for the student to show his strength.

·   Give positive recognition.

Difficulty using unstructured time – recess, hallways, lunchroom, locker room library, assembly

·   Provide student with a definite purpose during unstructured activities (The purpose of going to the library is to check out…, the purpose of…is…).

·   Encourage group games and participation (organized school clubs and activities).

Losing things necessary for task or activities at school or at home (e.g., pencils, books, assignments before, during and after completion of a given task)

·   Help student organize.  Frequently monitor notebook and dividers, pencil pouch, locker, book bag, desks.  A place for everything and everything in its place.

·   Provide positive reinforcement for good organization.

·   Provide student with a list of needed materials and their locations.

Poor use of time (sitting, staring off into space, doodling, not working on task at hand)

·   Teach reminder cues (a gentle touch on the shoulder, hand signal, etc.).

·   Tell the student your expectation of what paying attention looks like: (You look like you are paying attention when…).

·   Give the student a time limit for a small unit of work with positive reinforcement for accurate completion.

·   Use a contact, timer, etc., for self-monitoring.

 

                                                                       

Resource:

Anchorage School District – Attention Deficit Disorders, Suggested Classroom Accommodations for Specific Behaviors

 

I really have to put my 2 cents in here. 


You have to remember that the Federal Government mandates the 504 Plan but that there are no teeth in enforcement of individualized accommodations. The OCR (Office of Civil Rights) is the enforcement arm of the U.S. government when it comes to the 504 in Public or Private Schools that receive Federal funding. However, the OCR does not fight for your child’s specific accommodations under the 504, whether you have a ton of documentation that what you are asking for is necessary or not. The OCR is only interested in procedural issues. In other words they will get involved if the school does not get things done on time or if after an accommodation has been placed on the 504 it is not being instituted. You may feel you have to have certain accommodations but the school does not have to implement any they do not place on the 504, and what they place on the 504 is totally within their prerogative without much in the way of recourse for you.

The most you can do if you do not agree with the 504 plan accommodations is file a Due Process Hearing with the school district. They would then, hopefully, provide an impartial mediator who would hear both sides and fairly decide the issue. Now if the school does not provide this Due Process hearing then they would be in procedural violation and you could then file a procedural complaint with the OCR. But the OCR will only be interested in ensuring that procedure is being followed and not that any specific accommodations are being instituted.

Remember that though the 504 is mandated by Congress through legislation, in their infinite wisdom Congress did not provide for any funding to the schools for the implementation of the 504. Therefore schools are reluctant to give any accommodations that might in any way cost them money. Oh, they will certainly accommodate for physical disabilities cause they leave themselves vulnerable to a lawsuit if you child was to come to some harm because they did not institute accommodations to protect them from harm. But when it comes to academic accommodations you will find it much more difficult if not impossible to get anything that might cost them a dime. They will allow for preferential seating and perhaps extra books to take home but try to get a tutor or verbal testing and see just how hard you will have to fight and still not receive what you are asking for, Cause to get these items the school will have to make adjustments that will cost them money or time, which is another form of lost revenue.

The premise of the 504 Plan is noble in its intentions but because of this giant loophole through which the schools can deny needed services it is pretty much worthless. If you happen to have your child in a school where they are willing to institute 504 accommodations without much of a fight consider yourself lucky. For the rest of us there is little alternative than to battle with the school and hopefully wear them down or get some form of compromise that is of some benefit.

If your child can qualify under an IEP and Special Education you have a much better chance of getting what your child needs cause the school can get Federal money for your child. But for those of you who want your child to attend college, be sure that any accommodations or modifications do not interfere with the accreditation of your child’s classes. Your child must still be enrolled in regular classes and still be doing the required work without “modifications” in order for that class to be accredited for college entrance.

Let me try to give you a couple of examples of an accommodation vs. a modification and you can see the fine line that is drawn between whether your child can get college credit for a particular class or not.

Suppose your child has a learning disability and they have difficulty comprehending written material. They need someone to explain to them what is on the written page in a way that they understand the material. If your child was to have a SPED class and they went there for tutoring of the subject matter given in a regular class, this would be an accommodation and not in any way interfere with the college accreditation of that regular class. Because whether a SPED teacher is providing tutoring or you get tutoring through any other person it is still just tutoring. However if the SPED teacher came into the regular classroom and was to explain the material in the regular classroom this might be considered a modification and therefore nullify the regular class as being accredited for college credit. There is little difference in what is being accomplished but because the Special Education Teacher is providing assistance within the regular classroom it could be said they are receiving SPED, especially if this is written into the transcript. You must actively see that any SPED accommodations are not considered modifications that would place accreditation of the regular class in jeopardy. A very fine line is being drawn here, but one to take note of. The fine line here is that regular students could receive tutoring but most likely not in class. And does this tutoring within the class give your child an unfair advantage in pop quizzes of material just read?

Now lets suppose your child suffers from sensory overload or ADHD and is also a bad reader and needs assistance in comprehension as well as more time to take tests or read the material or have it read to them. If your child was to receive some of their regular class assignments in a SPED class to reduce the sensory overload or compensate for their ADHD and/or their tests were shortened to accommodate their sensory overload problems they might not get college accreditation for that class cause the material was presented in a Special Education setting. If it was to state in the transcript that they received SPED for say their History class that class would not be accredited. However they could receive the same accommodations in a study hall and the SPED teacher could be the one reading to your child and the test could be shortened to allow for the child to show their proficiency of the material without having to take the full test and this would not in any way place college accreditation of that class in jeopardy.

If your child was to receive any help with regular class work within a SPED classroom it would have to be noted that SPED did not in any way modify the assignments or give any reduced expectations (modifications) in order to help your child succeed. But whenever a SPED designation appears, the college entrance board will scrutinize the application all that much harder and you may find you have to get letters from the school explaining exactly what your child received as part of their SPED experience. If they only received tutoring or Physical Therapy or extra time to do assignments or verbal testing of the regular class assignments then you are safe. Many children go on to college even though they may have had SPED in high school. It all depends on what services were provided and if the required credits were had at the high school level without 'modification'.

If however, they gave modified work to help enable your child to pass a ‘dumbed down’ version of the material or showed your child where to find the answer in a book or passed over questions your child was unable to answer this would be considered a SPED modification and that class would then not count toward college accreditation. Remember the 504 is all about ‘accommodations’ whereas the IEP and SPED are about both ‘accommodations’ and ‘modifications’. Modified classes or class work does not count toward graduation or college entrance. Regular class work with accommodations to enable your disabled child to receive FAPE do count toward graduation and college credit.

Now if your child does not graduate or does not receive enough college accredited classes this does not mean your child will not be able to attend college but probably not a four-year college, at least not right away. Most community colleges you ‘test in’ meaning you take an aptitude test for English to include grammar, spelling, writing, reading and a math test and perhaps other testing. Based on these tests scores you may get directly into a community college or have to take lower 99 or non-credited classes and pass them in order to attend the community colleges regular accredited classes. Some classes do not require any testing to attend them but these are usually not classes that would count toward a degree. Once your child gets into the community college and passes and gets their degree they can then transfer to a four-year college and continue their education. Check with the four-year college to make sure they accept the community college credits. Some may not accept all the credits and some may look on it as if they had been in the four-year college all along.

For example here in Washington State if you attend say Pierce College here in the Tacoma area and wish to transfer to the University of Washington after receiving your AA degree all credits would be transferable. However if you wanted to transfer to Harvard, Princeton, MIT or Yale, I doubt any would be transferable. Know what credits you must have and what are transferable. Also take into account most colleges have a limit on the number of students they will accept and transferring in during your Junior year may be difficult if the four year college does not have room, even though you have satisfied the credit threshold. Their attending students from previous years will have priority.

Another important thing to consider is that college is not like high school in that you are not required to take 4, 5, or 6 classes a day. You can take just one class a quarter. It may take you ten years to get your degree but there is no time limit and so those who suffer sensory overload or some other learning disability may find college much easier. Also most colleges offer tutoring and will make accommodations under the 504 much more readily than the public schools mostly cause you are paying for the classes and so they are receiving revenue from you as well as the State if it is a community college or State college.

One accommodation your child may get in high school that might relieve some of the pressure is to have a half-day. It will take them longer to get the required credits to graduate but they may find that it is worth going an extra year or two if they can eliminate some of the obstacles caused by their disability. Here in Washington and I am sure most if not all States you have till your 21 to get your diploma if you are under a 504 plan. Now your child may not want to graduate a year after her peers and so this option may not be viable but it is available. This differs from college in that in college you have your entire lifetime to take the classes to get your degree.

My daughter will graduate high school with the credits necessary for a 4-year college, most likely, if she continues her current level of participation. She is pushing herself to the brink of her physical and mental abilities and I can do nothing to slow her down. But we have agreed that in college she will not take a full load of classes and most likely will go to a 2 year college that is close to home first and if she then decides to go on for a 4 year degree we will just have the credits transferred to the University of Washington or Washington State University. Both of which accept Pierce College’s credits in full. The University of Washington has a Tacoma Campus and she can get all her classes here locally and continue to live at home. Due to her many disabilities this would likely be the best option should she choose to continue her education.

Remember that you have to find exactly what classes are needed to graduate high school and if your child is interested in college then what classes are needed for a 2 and a 4-year college and if going to a 2-year college what credits are transferable. If your child is under a 504 plan you will have to fight to get academic accommodations but if under an IEP and SPED, not so much. But you have to keep close track of what services are being provided to ensure your child can continue their education if they so choose. 504 plan ‘accommodations’ do not in anyway interfere with college accreditation but an IEP and SPED will if they appear on the transcripts as ‘modifications’ and even if not you may wind up having to explain the reason for SPED in High School. So be on your toes if higher education is in your child’s future.

504 plan accommodations are the least likely to affect your child’s future but are the most difficult to get the school to agree to. The IEP and SPED can make getting accommodations much easier but one must be wary of modifications that would make college entrance difficult and graduation a problem as well. Many under SPED receive a certificate of achievement not a diploma. This may be fine for those with severe disabilities but for those who have the capacity to get that diploma it is totally unacceptable. That diploma will go far in allowing your child to realize their goals and to not try your damnedest to see they realize their potential is a failure on your part as the parent. If your child is willing to fight for their future by attending classes that challenge them in so many ways, you can do no less than your very best to ensure they have every opportunity to succeed


 

 

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