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Gardner
Public Schools ※ Section
504 Manual
Updated:
August 2008
Table of Contents
Section 504
Plans and the Regulations
Section
504, IDEA, and ADA
Section 504 of the Rehabilitation Act of 1973 (29 USC 794 34 CFR Part 104) is a broad civil rights law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the United States Department of Education, including Title Grants funds. Eligible students receive a free and appropriate public education through a 504 Plan that is designed to prevent discrimination and thus allow access to an education that is comparable to that provided to students without disabilities. Staff may also have a 504 Plan if they qualify as disabled under the law. The Individuals with Disabilities Education Improvement Act (IDEA) of 1975 and the Americans with Disabilities Act (ADA) of 1990 are sometimes mentioned in conjunction with Section 504. Although similar, the laws do differ in some significant ways. The IDEA (20 USC 1400 et. Esq. 34 CFR Part) is a federal funding statute whose purpose is to provide financial aid to states in their efforts to ensure appropriate educational services for children with disabilities. Eligible children receive a free and appropriate education through an Individual Education Program (IEP) that is reasonably designed to confer benefit. The IDEA defines as eligible only those students who have certain specified types of disabilities, and who, because of that disability, need special education and related services in order to receive a free and appropriate public education (FAPE). Section 504, on the other hand, protects from discrimination all qualified students with disabilities, defined as those having a physical or mental impairment that substantially limits one or more major life activities (including but not limited to, learning). Every child eligible for services under IDEA is also protected from discrimination under Section 504; however, children may be eligible for Section 504 protection and not be eligible for services under IDEA. Thus, it should be noted, the IDEA is a more narrowly focused law. The ADA (42 USC 12134 28 CFR Part 35) is a broader civil rights law than Section 504, extending protections to individuals with disabilities in private industries employing more than 15 individuals. It addresses public entities, public accommodations, telecommunications, and private nonsectarian schools. In public schools, Section 504 mandates the services to students. Section 504 requires the provision of reasonable accommodations to students and staff who qualify as disabled under the law. A disability, under Section 504, is defined as a physical or mental impairment which substantially limits one or more major life activities. Major life activities are caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Typically, students who receive services or accommodations on a 504 Plan have medical concerns, require therapy in school, or require regular education support. However, Section 504 students are regular education students. Special needs students also have dual 504 eligibility (as mentioned above) but do not typically have a separate 504 Plan. Students who are not eligible under the provisions of IDEA for an individual education program (IEP) yet meet the age (3-22 years) and disability qualifications under Section 504 may qualify for a 504 Plan. Students that are found to be eligible for support under Section 504 are entitled to receive an accommodation plan (504 Plan) and to have that plan revised annually. Each school district is required to have one 504 Coordinator. In Gardner, Mr. Michael Hurd is the 504 Coordinator (refer to District Contacts above). Section
504 Plans
A Section 504 Plan is written to offer an equal opportunity for education to the student with a disability. The plan is not written to reduce student learning expectations. It must provide a free and appropriate education, allowing the child with a disability to learn “despite” the disability, and to have the greatest potential to learn with “non-disabled peers”. Not
All Students Qualify for IDEA or 504
Some incidents where students may not qualify for an IEP or 504 plan include: Ø “Those whose impairments are largely corrected by medication or other devices are not ‘disabled’ within the meaning of ADA.” Sutton v. United Airlines, 119S.Ct. 2139 (1999). For example, ADHD that is under control through medication and the student is making academic progress without accommodations would not necessarily require a 504 plan but would still be eligible. In this instance the child would not qualify for special needs services. Ø Students
with behavior difficulties and without cognitive difficulties cannot qualify
under Section 504. Lyons v. Smith,
20IDELR164 (D.C.D.C.1993); School Administrative Unit #38, 19IDELR 186 (OCR
1992). A Behavioral management
plan that provides behavior modifications might be written in this case.
Disruptive behaviors may limit the appropriateness of a student in the
regular classroom but does not qualify him or her for a Section 504 Plan. Ø Temporary
disabilities: The nature of the impairment, severity, expected duration and
impact on major life activities are the factors that will be examined on a
case-by-case basis. On the other
hand, “Other health impaired”, “Chronic” health conditions or “Orthopedically
Impaired” (meaning permanent disfigurement or anatomical loss) should be
considered when evaluating for Section 504 eligibility. Ø ADHD,
Dyslexia, or limited language proficiency (such as English as a Second
Language or ESL) must be evaluated on a case-by-case basis as to not
discriminate. An evaluation for
services must not be prompted based on “environmental, cultural, economic disadvantages,
prison record, age or sexual behavior disorders”. Referrals
The school district has an obligation to identify and
refer students for consideration under special education and/or Section 504.
Referrals in the Gardner Public School district will proceed through the
Teachers Assisting Students in the Classroom (TASC) process to document
interventions and modifications. Should these measures provide success to the
student, the district is not obligated to evaluate the student for special
needs. Karnes City (TX) ISD 31
IDELR 64 (OCR 1999). ** Initial
Evaluations and Placement
Initial evaluations for determination of need under Section 504 must have the parent’s signed consent prior to evaluation. Evaluation data to be considered for a 504 Plan may include: Aptitude and achievement tests Standardized tests Teacher recommendations & comments Student grades Physical conditions Health information Social and cultural background Disciplinary records Language surveys Parent information The TASC committee must review all data and determine eligibility for placement. Placement decisions are made by a “group of persons” who are “knowledgeable about the child, the meaning of the evaluation data, and the placement options”. §104.35(c)(3). The “placement” would be in the context of the regular education classroom with modifications addressed by the 504 Plan. Under Section 504, determination for services is mandated to provide educational services in the “least restrictive environment” and practice “non-segregation” in that placement. §104.3(c)(4). All staff are responsible for knowing each student’s 504
Plan and implementing the accommodations. Building administration and
guidance personnel are responsible for informing staff of all 504 Plans. Review
of Plans
Annual review of the Section 504 plan is required as the student’s schedule, personal development and accommodations are subject to change. District compliance requires reevaluation at least every three years. Gardner Public Schools
Section 504Notice of
Conference
B. The following people will be included in the meeting: (write in names as appropriate) 1. School Principal _________________________________________________ 2. Guidance Counselor ______________________________________________ 3. Evaluation Specialist(s) ___________________________________________ 4. Other Specialist(s) _______________________________________________ 5. General Education Teacher(s) ______________________________________ 6. School Nurse ___________________________________________________ 7. Parent(s) ______________________________________________________ 8. Student _______________________________________________________ 9. Other (specify) _________________________________________________
Section 504
(Continued) Notice of
Conference Please complete this page and return to your child’s school as soon as possible to let us know about your attendance at the meeting. Date: To: 1. ___ I will attend the scheduled Section 504 Conference Committee meeting. ___ I will not attend the Section 504 Conference Committee meeting, but I would like you to continue process and send the paperwork to my home address. 2. ___ I would like my child to attend the Section 504 Conference Committee meeting. ___ I do not want my child to attend the Section 504 Conference Committee meeting. 3. Please indicate if there are additional school personnel you would like to attend the Conference Committee meeting. ______________________________________________________________________ 4. You may also bring any additional persons to the Section 504 Conference Committee meeting. I plan to have the following person attend with me: ____________________________ Parent/Guardian Signature: _____________________________ Date: ____________ Attached: Parents Rights Statement Section 504 Plan (if applicable)
Gardner Public Schools
Nondiscrimination Policy Public schools have the responsibility to
overcome, insofar as possible, any barriers that prevent children from
achieving their potential. This commitment to the community is affirmed in
the following statements of school committee’s intent to: 1.
Promote the
rights and responsibilities of all individuals as set forth in the State and
Federal Constitutions, pertinent legislation, and applicable judicial
interpretations and regulations. 2.
Encourage
positive experiences in human values for children, youth and adults, all of
whom have differing personal and family characteristics and who come from
various socioeconomic, racial and ethnic groups. 3.
Work toward a
more integrated society and to enlist the support of individuals as well as
groups and agencies, both private and governmental, in such an effort.
The
committee’s policy of nondiscrimination will extend to students, staff, the
general public, and individuals with whom it does business; no person shall
be excluded from or discriminated against in admission to any Gardner public
school or in obtaining the advantages, privileges, and courses of study of
such public school on account of race, color, sex, religion, national origin,
sexual orientation, or disability. If you have a complaint or feel that you
have been discriminated against because of race, color, sex, religion,
national origin, sexual orientation, or disability register your complaint
with the Title IX compliance officer. [Adopted: 3/8/99] [Revised: November 2001]
School Committee Policy Manual – Gardner Public Schools File AC Gardner Public Schools
Equal Educational Opportunities Policy In
recognition of the diversified characteristics and needs of our students and
with the keen desire to be responsive to them, the school committee will make
every effort to protect the dignity of the students as individuals. It also
will offer careful consideration and sympathetic understanding of their
personal feelings, particularly with reference to their race, creed, sex,
religion, nationality, and physical and intellectual differences. To accomplish
this, the committee and its staff will make every effort to comply with the
letter and the spirit of the Massachusetts equal educational opportunities
law (known as Chapter 622 of the Acts of 1971), which prohibits
discrimination in public school admissions and programs. The law reads as
follows: No
child shall be excluded from or discriminated against in admission to a
public school of any town, or in obtaining the advantages, privileges and
course of study of such public school on account of race, color, sex,
religion, national origin or sexual orientation. This will
mean that every student will be given equal opportunity in school admissions,
admissions to courses, course content, guidance, and extracurricular and
athletic activities. All
implementing provisions issued by the Board of Education in compliance with
this law will be followed. [Adopted: 3/8/99] [Reviewed: April 2003]
School Committee Policy Manual –
Gardner Public Schools File: JB |
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