1	Basic Section 504 Laredo Independent School District RICHARDS LINDSAY & MARTIN, L.L.P. CESD §504 Compliance System Mrs. Martha S. Rubio, Coordinator
2	§504 A single paragraph now referred to as §504… Federal Law 1973…. “No otherwise qualified individual with a disability in the United States …., shall solely by reason of her or his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”
3	§504 Section 504 of the rehabilitation act of 1973 is a civil rights law that prohibits discrimination on basis of disability. Any and all public entities receiving federal funding are required to follow this provision of the law It is an anti-discrimination statute
4	“504-only Students” These are students who are entitled to the protections of §504, but are not eligible under the IDEA. To be eligible under §504 a student must be “qualified” and “handicapped”. Note that after ADA in 1990, the term “handicapped” has been replaced with “disabled.”
5	“Handicapped Persons” means any person who… (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment.
6	Physical or Mental Impairment The first prong of the definition of “handicapped person” focuses on current disabilities. The second and third prongs cover persons with a history of a disability or persons who are perceived as having a disability. District has a duty to refer, evaluate and place students under the protection of §504 who fall in the first prong.
7	Physical or Mental Impairment…§504 does not provide an “official list” of disabilities. Below are some examples of some possibilities: ADD/ADHD Asthma Diabetes Dyslexia Hearing impairments Heart conditions, murmurs, pacemakers Juvenile rheumatoid arthritis Leukemia Prosthetic limbs Seizures Spina Bifida Visual impairments
8	Substantial limitation is required. “unable to perform a major life activity that the average person in the general population can perform.” Does the physical or mental impairment substantially limit a major life activity? As a result of the physical or mental impairment, is the student significantly restricted as to the condition, manner or duration under which the student can perform a particular major life activity as compared to the condition, manner, or duration under which the average student of the same age/grade level in the general population can perform that same major life activity?
9	Major Life Activities…”those basic activities that the average person in the general population can perform with little or no difficulty.” Caring for one’s self Performing manual tasks Hearing Seeing Breathing Speaking Walking Learning Working
10	Bottom line on §504 eligibility… 1. Is there a physical or mental impairment? 2. Does it impact a major life activity? 3. Does the impairment substantially limit one or more major life activities? 4. Is §504 sufficient to meet the child’s needs? *Who decides if child is §504 eligible? A committee of knowledgeable persons makes this determination (not one person).
11	The §504 Process Child Find… The district has an affirmative duty to conduct a “child-find” at least annually. Referral…the district can use screening committees, student assistance teams or intervention teams to address the child’s needs. A student should be referred to §504 when the district believes that the student may be eligible.
12	The §504 Process 3. The §504 committee…is responsible for the §504evaluation and placement §504 regulations require that the members of the committee be a group of persons that include individuals knowledgeable about the child, the meaning of the evaluation data, and the placement options Parents are not required members of the committee…it is best practice to include them.
13	The §504 Process 4. Evaluation Parent consent is required prior to initial evaluation. “Evaluation” refers to a gathering of data or information from a variety of sources so that the committee can make the required determinations. A comprehensive reevaluation is required periodically. Annual reviews and three-year reevaluations.
14	The §504 Process 5. Placement “placement” simply means the regular education classroom with individually planned modifications 6. Free Appropriate Public Education FAPE Education provided at no cost to parent Provide educational benefit despite the child’s disabilities Provided in the environment that affords the greatest exposure to non-disabled peers
15	The §504 Process 7. Procedural Safeguards and Discipline These safeguards afforded to parents are less extensive than IDEA Ten day rule and Manifestation Determination Ensure that this is done for a §504 student
16	Temporary Disabilities Does every child who breaks a bone ….qualify as a Section 504? NO Note: If student is already under IDEA then special education addresses the need of accommodations due to the broken limb (s).
17	Campus Administrator’s Responsibility Ensure that the referral process occurs at your campus Ensure that classroom teachers implement the Individual Accommodation Plans (IAP) for identified §504 students in their classrooms Ensure that the plans are reviewed annually and updated every three years
18	What is the classroom teacher’s responsibility? Must refer a student to the campus Student Support System if you suspect that they have a disability that is of substantial limitation.
19	What is the classroom teacher’s responsibility? Must implement the Individual Accommodation Plan (IAP) developed for the student. Keep documentation of the accommodations done for the individual student. Record student progress in the grade book or elsewhere with the implementation of the accommodations. Recommend changes for the student’s IAP.
20	Need Help? Call Mrs. Martha S. Rubio, Coordinator 795-3965 e-mail: mrubio@laredoisd.org www.504idea.org Special Ed. Connection
21	Quiz If you are ready to take a quiz on § 504, please click on the title above. ALL LISD district and campus administrators, educators, and staff MUST take this training and get a 100 on the quiz. You may take quiz as many times as you need to get a 100. You will be asked to register on ERO (for the training and get credit) upon successfully passing the test.