Basic 504/ADAfor Site Administrators
Based on the final regulations to the ADA 5/24/11
Co-Presented by:
Mary Samples, Assistant Superintendent and
Fran Arner-Costello, Director of Programs
and Services,
Ventura County SELPA
www.venturacountyselpa.com
Why 504/ADA?
• New requirements- ADA Amendments
went into effect January 2009.
• Conformity between 504 and ADA
• Address discrimination
• Keeps some kids out of Special Education
504 and ADA are Civil Rights Acts
• Guarantee non discrimination for
“unalterable characteristics”
• Guarantee “equal and meaningful access”
• “No otherwise qualified person shall be
excluded solely on the basis of the
disability.”
• Office for Civil Rights is the oversight
agency
Isn’t this just a “cop out”?
• Disabilities are real
• This process documents the disability
• Students should get the accommodations
that they need for their disability
But What About Special Ed?
• 504 is simpler, less time-consuming
• 504 generally provides supports and
accommodations vs. services
What About Cost?
• 504 generally has less financial impact
• Special Education is funded on TOTAL
ADA
• No fiscal incentive for IEP
School District Level of
Responsibility for 504
• “Presence of” Disability- Provide services
and supports
• “Record of”- may not exclude or
discriminate
• “Regarded as”- may not exclude or
discriminate
How is a Referral Made?
• “Child Find” (pp.6-7)
• Parent request for 504 Plan evaluation
• SST/IPT/PLC is concerned about the
presence of a disability or suspected
disability
• Site administrator for 504 should proceed
with a Consent for Evaluation or (p.38)
Notice to Parents (pp.50-51)
The Steps
1.
2.
3.
4.
5.
6.
7.
Student evaluated
Team meets
Eligibility Determined
(If eligible) Plan written
Plan implemented and monitored
Special steps for discipline
Reevaluation if substantial changes
1. Evaluation
A. Presence of the Disability
B. Impact of disability on school-related
activity
C. Level of impact
1A. Presence of Disability
• Physical Impairment- Impairments such
as disfigurement, anatomical loss,
neuromuscular, respiratory, sense organs,
speech organs, cardiovascular, skin, etc.
• Mental or psychological disorder- Such as
intellectual disabilities, organic brain
syndrome, emotional or learning
disabilities
Presence of Disability cont’d.
• Limit to major bodily functions such as
immune system cell growth, digestive,
neurological, respiratory.
* If a person has a substantial limitation,
they don't also need to be limited in a
school activity.
Presence of Disability cont’d.
• “Virtually always”- Deafness, blindness,
intellectual disabilities, missing limb, use of
wheelchair, autism, cancer, cerebral palsy,
diabetes, epilepsy, HIV, multiple sclerosis,
muscular dystrophy, depression, bipolar,
PTSD, OCD, and schizophrenia.
More Details about Disability
• May be eligible even if episodic or in
remission
• Short term disabilities (such as broken
limbs) are usually not considered if less
than six months in nature – unless
substantial impact
• Exclusions: Illegal drugs, gambling,
addiction
Aren’t these kids all on IEPs?
• Not necessarily
• For an IEP, the student needs to have the
disability and also require Special
Education and related services
• IEPs are limited to 13 specific
handicapping conditions, 504 is much
broader
1B. How is the presence of the
disability determined?
• If parents have a diagnosis, district can
review it and accept it (unless they want to
refute it)
• If no diagnosis, the district needs to assist
in establishing presence of disability
• If there are qualified school staff, they may
assess
• If not, district may need to pay for a
medical diagnosis
What about ADHD?
• Student has diagnosis from doctor
• We pay for a medical diagnosis
• Education staff conducts behavioral
evaluation (pp. 67-69)
Types of Evaluations
• Medical reports (with parent permission)
(p.39-40)
• Parent/family member interviews
• Review of school records
• School observations
• Teacher interviews
• Social/emotional checklists
• Academic assessments
• Formal tools not required
1C. Impact on One or More
School Related Activities
Caring for self
Manual tasks
Seeing
Hearing
Eating
Sleeping
Walking
Standing
Working
Sitting
Reaching
Lifting
Bending
Speaking
Breathing
Learning
Reading
Concentrating
Thinking
Communicating
Interacting w/others
Impact of Disability
• Without effect of mitigating measures such
as medication, prosthetics, hearing aids,
mobility devices, assistive technology,
learned behavioral modifications
• Does not include eyeglasses or contact
lenses
• For episodic or in remission, consider
effects when active
• Compare to most other students
Timeline for Evaluation
• There is no timeline- the law refers to
“reasonable”
• No more than 60 days is a good rule of
thumb
2. Team Meets
• No required members- must include at
least parents and school administrator
• If determining eligibility, must be people
who:
– Know the student
– Know evaluation data
– Know accommodations/supports options
• Meeting Notice – (p.41)
3. Eligibility Determined
• Eligibility Summary Form (p. 45)
• Rubric available if needed to determine
level of impact (p. 46)
4. Service Plan Developed
• Consider area in which there is impact
• “Allows student to participate in and
benefit from public education programs
and activities”
• Physical, instructional,
social/emotional/behavioral
accommodations
• May include regular or Special Education
and related aids and services
Service Plans
•
•
•
•
No required elements like an IEP
Goals not required
Must include a plan for periodic review
Should appoint a “Contact Person” to
monitor the plan and communicate with
family
• Method to document staff is informed
LRE Under 504
• General education environments unless
demonstrated that such education cannot
be achieved satisfactorily with
supplemental aids and services
• Students with disabilities must participate
with students without disabilities to the
“maximum extent appropriate to the needs
of the students with disabilities.”
More About Service Plans
• Brainstorm with student and parents
• See the SELPA website
www.venturacountyselpa.com for the “A+
Brochure” and “99 Ways to Help a Child
with ADHD” brochure
• Use existing staff if possible
• Least intrusive as possible
• Plan (pp. 42-48)
Even More About Service Plans
• May have to pay for extra services- aide
support, therapy, etc.
• May have to make environmental changes
• Provide access to extracurricular activities
• May not exclude from enrollment in
challenging academic programs.
Consideration for Special
Education
• If a 504 student is requiring intensive
services, therapies, or even alternate
placement, consider eligibility for Special
Education.
5. Plan Implemented and
Monitored
• Site administrator should ensure that all
people involved with the student have a
copy
• Communicate with Contact Person on a
periodic basis about implementation and
progress
• Failure to implement a 504 plan can have
serious legal consequences- people can
be held personally liable
Review
• No required frequency of review, but it
must be “periodic”
• The plan should specify how often and by
whom it will be reviewed
• Make sure required reviews occur
• Annual review is recommended.
6. Special Steps for Discipline
• Same protections for suspension and
expulsion as Special Education students
• If pattern, Manifestation Determination
within 10 days (pp. 48 & 49)
• If currently using illegal drugs or alcohol,
they lose their right to Manifestation
Determination
• 45 days IAES for weapons, illegal drugs or
serious bodily injury
7. Re-evaluation
• The student should be re-evaluated if
major changes to the plan are being
considered
Disagreement with Parents
• Parents should be given their rights at the
beginning, and sign that they received them –
(pp.14-21 and p.34)
• If parents disagree with what district is proposing
regarding assessment, eligibility, or plan, use
the Prior Written Notice form
• Approval not needed for change of placement
• Parents can appeal to the Office for Civil Rights
• No “stay put” as in IDEA (p. 17, #13)
Thanks for coming today.
With proper information and
procedures, your school can avoid
legal liability and we can ensure that
students have the access and
supports that they need!