Section 3 Written Opportunity Plan

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Section 3 Written Opportunity Plan Powered By Docstoc
					      Section 504
Helping Students Achieve
   Equal Opportunity



           Cheryl R. Brubaker MSN, FNP-BC
  Resource Nurse for Special Education & Special Needs
Important Things to Know
   Section 504 is Federal Law
     Section 504 of the Rehabilitation Act of 1973
     Civil Rights law prohibiting discrimination
      based solely on disability
     Applies to individuals (including students)
      with disabilities
     Preceded the Americans with Disabilities
      Act implemented first in 1990
     Subpart D applies to Preschool,
      Elementary, and Secondary
      Education
            Purpose of 504
It’s purpose is to level the playing field by
 providing equal access and fairness in
 general education. Equal access and
 opportunity is the focus!
It is not a plan to enhance a student's
 performance beyond that of non-disabled
 peers.
It is a general education responsibility –
 Tier 1 or 2 intervention.
              Enforcement
                          US Office of Civil
                           Rights enforces 504,
Discrimination Issues:     not the state
     • Disability         OCR is concerned
     • Race                with any
     • Gender              discrimination issue
     • Age                 related to disability,
                           age, gender, or race
Funding
No additional funding for
 Section 504 by state or
 federal government
Costs must be borne by
 the school, charter school,
 or school district
                 Eligibility
The impairment or disability must
 significantly restrict a major life activity.
 The school must evaluate the impact on
 major life activity compared to the average
 person (chronological peers) in the general
 population (national or state average).
The person can qualify for accommodation
 even if the impairment is episodic, in
 remission, or improved by mitigating
 measures (exception is ordinary glasses or
 contact lenses).
Eligibility: Major Life Activities
• Caring for oneself   •   Bending
• Performing manual    •   Speaking
  tasks                •   Breathing
• Seeing               •   Learning
• Hearing              •   Reading
• Eating               •   Concentrating
• Sleeping             •   Thinking
• Walking              •   Communicating
• Standing             •   Working
• Lifting              •   Also…
Eligibility: Major Life Activities
• A major life activity also includes the
  operation of a major bodily function,
  including but not limited to:
  –   Functions of the immune system
  –   Normal cell growth
  –   Digestive functions
  –   Bowel & Bladder functions
  –   Neurological & Brain functions
  –   Respiratory & Circulatory functions
  –   Endocrine & Reproductive functions
Regarded as having an impairment
An individual meets the requirement of
 ―being regarded as having such an
 impairment‖ if the individual establishes
 that he or she has been subjected to [a
 prohibited action] because of an actual or
 perceived physical or mental impairment
 whether or not the impairment limits or is
 perceived to limit a major life activity. 42
 U.S.C. §12102(3).
Regarded as having an impairment

[Being regarded as having an
 impairment] shall not apply to
 impairments that are transitory and
 minor. A transitory impairment is an
 impairment with an actual or
 expected duration of 6 months or less.
 42 U.S.C. §12102(3).
How does “regarded as” apply to
           schools?
If the school discriminates against a
 student due to a perceived disability,
 then the student has a claim under
 the American with Disabilities Act
 and Section 504.
The school has a duty to ensure no
 discrimination occurs.
             Illustration
Bobbie, a three-year old
Born with a prominent facial
 disfigurement
Refused admittance to daycare program
Grounds that his presence might upset the
 other children
Did this child qualify for 504
 protection?
               Exclusions
Temporary infectious disease
Active drug and alcohol abuse
Slow learners without disabilities
Sexual disorders
Pregnancy

If a district is unsure it should seek
 assistance from its legal counsel
 or OCR.
           How the Laws Relate

           ADA        Only One plan.
504
                      Not both! Either
Team
           504        a 504 or an IEP
IEP Team   IDEA
             The 504 Team
 In NM, the Student         Parent(s)‫‏‬
  Assistance Team            Student, as appropriate
  wears the hat of the       Principal
  Section 504 team. The      Teacher(s)‫‏‬
  504 Team is a sub          Counselor
  committee of SAT.          School Nurse
 Parents should be          Others, as needed
  involved whenever
  they are willing and
  able.
           The 504 Process
Referrals are accepted from:
  ►Parents
  ►Teachers
  ►Students
  ►Other staff members



Same process as SAT
  The State of New Mexico Public
 Education Department suggests…
These ―red flags‖ as possible reasons for
  considering a Section 504 referral:
  • When suspension or expulsion is being considered for
    any student
  • When a retention is being considered
  • When a student shows a pattern of not benefiting from
    instruction
  • When a student returns to school after a serious illness
    or injury
  • When a student is evaluated for special education, but
    does not qualify for services under IDEA
  • When a student exhibits a chronic or recurring health
    condition
  • When a student has a medically diagnosed disability
            Parent Consent
Written consent for evaluation and Written
 consent for initial start of the 504 plan
If a parent does not consent, a District may
 initiate due process to override a denial of
 a request to evaluate (but not required)‫‏‬
Parents may use due process to dispute
 evaluation eligibility determination
            Evaluation
Draw from variety of sources
Consider pertinent records
Conducted by knowledgeable
 person(s)
Non biased, validated
Show evidence for your team decision
                  Suggestion
 It is best practice to start with a special education
  evaluation to rule out a disability.
  *If ineligible for IDEA, use special education
  evaluation data for the Section 504 Plan.

 It is important to remember that Section 504 is
  not a consolation prize for not qualifying for
  IDEA.

 OCR has said that if parents reject IDEA
  eligibility, they also reject Section 504 as well.
 Student Accommodation Plan
Outlines services and/or accommodations
Specifies services or accommodations
 made by classroom teacher(s) and other
 school staff
Enables the student to benefit from &/or
 to access his/her general education
 program
Includes student’s Individualized
 Healthcare Plan (can be attached)
 when applicable
            Effective & Equal
• Accommodations . . . simply put the
  individual with a disability at a more
  equal level with those who do not have
  disabilities.
  – Review Tips insert.
  – This is not a complete list! This is a start.
              Review
Individual Section 504 plan must be
 reviewed periodically
 Best practice—at least annually
                        Example
Johnny is in a serious car accident
and has to be in a body cast for at
least three months, and in a
wheelchair for at least another month
after that. He will be undergoing
extensive therapies after his body cast
is removed, but he is expected to
recover in six months or less.
    Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
     504: The impact on student services. Teleconference February, 2009.
                            Johnny
Do Johnny’s physical impairments
 substantially limit one or more major life
 activities?
 YES
Which major life activities might be
 limited?
 caring for himself, performing manual
 tasks, sleeping, walking, standing,
 lifting, bending, and concentrating
      Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
       504: The impact on student services. Teleconference February, 2009.
                             Johnny
 Is Johnny disabled under Section 504 due to the
  presence of physical impairment that limits him
  in one or more major life activities?
  YES
 What are some reasonable accommodations?
    Homebound/home hospital instruction; allowances
    for being last to class; strategies to assist with
    concentration; Tier 2 instructional interventions to
    address missed instruction; mobility and accessibility
    accommodations


       Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
        504: The impact on student services. Teleconference February, 2009.
                        Example
Mary has been served in a special
education resource classroom for math
and language arts since third grade. She
was classified as learning disabled in math
calculation. When she was reevaluated in
the ninth grade, she no longer qualified
for special education services. The IEP
team does not believe Mary is a child with
a disability, but there are gaps in her
learning due to her having been in special
education for so many years.
    Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
     504: The impact on student services. Teleconference February, 2009.
                                Mary
 Is Mary eligible for a 504 Student
  Accommodation Plan?
  YES
 Why?
  Mary is eligible due to her ―record of‖ having an
  impairment that substantially limited a major
  life activity. The 504 Committee should consider
  developing an accommodation plan to ensure
  equal educational opportunity during the
  transition out of special education (the plan will
  likely include Tier 2 interventions)

       Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
        504: The impact on student services. Teleconference February, 2009.
                          Example
Carl was having trouble reading in the
 third grade, so he was move to Tier 2 in
 the RTI process. Screening does not
 indicate a disability. Ongoing evaluation
 indicates that his rate of learning is
 picking up and he is doing better.
Should Carl be referred to 504?
 At this point there is no evidence of
 impairment and no basis to consider
 Section 504 or IDEA.
      Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
       504: The impact on student services. Teleconference February, 2009.
                          Example
Carlos has ADHD diagnosed by a
 medical provider. The medical
 provider has ―prescribed‖ 504 services
 and this is what mom wants. At this
 point he is having enough difficulty in
 school the he has been recently moved
 to Tier 2 interventions.
Should Carlos be referred to 504?
 YES
      Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
       504: The impact on student services. Teleconference February, 2009.
                              Carlos
Should the 504 Committee conclude that
 Carlos is an individual with a disability
 under Section 504?
 There is evidence of an impairment from
 the medical provider. While the provider’s
 ―prescription‖ is not sufficient evidence to
 conclude the disability limits a major life
 activity, the school decision to implement
 Tier 2 intervention suggests this.
      Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
       504: The impact on student services. Teleconference February, 2009.
                               Carlos
What type of accommodation plan should
 be developed for Carlos?
 The Tier 2 interventions can be delineated
 in the accommodation plan.
 If Carlos has an Individualized Healthcare
 Plan addressing his ADHD (recommended
 since his impairment is impacting his education)
 this should be included as a part of the 504
 accommodation plan
       Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
        504: The impact on student services. Teleconference February, 2009.
                         Example
Billy was diagnosed with ADHD about six
months ago and began taking medication at that
time. A major improvement in his performance
both academically and behaviorally has been
seen since he started medication. Before that, he
was at risk of failing several classes and was
spending a considerable amount of time in ISS
or the principal’s office. The year before, he did
not achieve proficiency on the SBA in either
math or reading. All of that has improved. He
is now on target to pass all subjects and be
promoted to the next grade.
     Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
      504: The impact on student services. Teleconference February, 2009.
                                 Billy
 Should Billy be referred to 504?
  YES
 Should the 504 Committee conclude that Billy is
  an individual with a disability under Section
  504?
  Under the new standards, Billy is eligible. We
  must disregard mitigating measures (in this case
  his medication) which means there is evidence
  of substantial limitation of a major life activity
  due to his impairment.
       Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
        504: The impact on student services. Teleconference February, 2009.
                               Billy
What type of accommodation plan
 should be developed for Billy?
 The accommodation plan should
 involve monitoring and
 communication with the parent(s)




     Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
      504: The impact on student services. Teleconference February, 2009.
                        Example
Brittany has been diagnosed as having a
sleep disorder and the parent has
provided a partially filled out Other
Health Impaired Initial Evaluation
Worksheet from NM TEAM allegedly
filled out by the family physician, along
with a letter from the physician
recommeding an IEP. She is doing well in
school and there are no interventions or
plans in place.
    Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
     504: The impact on student services. Teleconference February, 2009.
               Example, cont’d
 However, the parents report difficulties,
 and Brittany has been charged with
 misdemeanor assault based on a scuffle at
 the mall. The parents claim this is due to
 her lack of sleep.
Should Brittany be referred to 504 or
 IDEA?



      Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
       504: The impact on student services. Teleconference February, 2009.
                         Brittany
It appears parents are seeking special
education services. Therefore, you must
either conduct a full, individual
evaluation or give written notice of your
refusal to do so. If you do the full
individual evaluation, it would likely
support the conclusion that she is not
eligible due to not having the need for
―specially designed instruction.‖
    Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
     504: The impact on student services. Teleconference February, 2009.
                              Brittany
 Should the 504 Committee conclude that Brittany
  is an individual with a disability under Section
  504?
  You have evidence of an impairment. The major
  life activity that is limited is sleeping. The
  committee will need to know more before it can
  determine disability under Section 504. A release to
  communicate with physician should be sought,
  before determining if the limitation is mild,
  moderate or substantial. The inquiry should not be
  limited solely to whether and to what degree it is
  impacting her school performance.
         Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
          504: The impact on student services. Teleconference February, 2009.
                              Brittany
 If the 504 Committee decides that Brittany is
  substantially limited in the major life activity of
  sleeping, what type of accommodation plan
  should be developed for her?
  A monitoring and awareness plan would seem
  appropriate. As long as Brittany continues to
  succeed in school, there are no services to be
  provided to ensure an equal opportunity. If she
  starts to experience difficulty, however, the school
  should address the possibility that it is attributable
  to her lack of sleep, and look into additional
  accommodations.
         Walsh, J. and Gallegos, E. (2009). Congress amends the ADA and section
          504: The impact on student services. Teleconference February, 2009.
OCR     Website:
        http://www.ed.gov/about/offices/list/ocr/index.html

U.S. Department of Education
Office of Civil Rights, Region VIII
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
(303) 844-5695
        District Resources
For additional information about disabilities
and procedures under Section 504, please
contact your school SAT/504 Committee
members, the APS Student Service Center,
the RTI Hotline, the Health & Wellness
Department 504 Mental Health Liaison (Lead
Counselor – Laura Owens) or 504 Physical
Health Liaison (Resource Nurse for Special
Education/Special Needs – Cheryl
Brubaker), or the 504 Academic Liaison in
RDA (Tom Genne).

				
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