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504:
Five Hundred and Four
Reasons to Attend
this Session
(Minus a Few Hundred)Richard McCoy
Dixon R-1 Middle School Counselor& South Central MSCA President
CAVEATI am a School
Counselor, not a Lawyer, Politician, or Clairvoyant. What I share is based on
personal experience and research.
This is ME!
1996-1997 2012-Present1997-2012
2009-2011
1991-1995
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?Share ExperiencesWriting Useful AccommodationsWhere We Stand Under the Law
What is MSCA’s stance on the counselor’s role regarding 504s?
My first REAL experience
An 8th grade child is no longer in Special Education. He now has a 504 as he still is in need of services which a 504 can provide.
When he enters high school next year, Mom would like child to go to the SpEd room to cool down as he needs a cool down place from time to time and it’s where he would feel most comfortable.
Question:
Can a child with a 504 go to a Special Education room for a place to cool down?
Turn to a Shoulder Partner and discuss this for 30 seconds.
How do I find out?
My first REAL experience
My first REAL experience
My first REAL experience
My first REAL experience
My first REAL experience
My first REAL experience
504s?!?
You may feel like this when you
hear the phrase “504”.
Or This…
My Office
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?Share ExperiencesWriting Useful AccommodationsWhere We Stand Under the Law
What is MSCA’s stance on the counselor’s role regarding 504s?
Leveling the Playing Field
Section 504 of the Rehabilitation Act / 1973
•A federal Anti-Discrimination Law.•Protects ALL people with a disability that impairs one or
more major life activity (learning is one). •Prohibits discrimination in ANY program that receives
federal dollars. •Provides accommodations to remove discriminatory
barriers. •In education, a “504 Plan” removes barriers to learning
and opportunities.
Individuals with Disabilities Education Act / 1975
•A federal Education Law.•For students with at least one of 13 qualifying
categories of disability.•Who ALSO need specialized support and instruction to
benefit from education.•Provides a “special education” plan: “IEP”
- specialized instruction- related supportive services
•“IEP” must be individualized to meet a student’s unique needs.
The Americans with Disabilities Act / 1990
• ADA provided additional protection in combination with actions brought under Section 504. Reasonable accommodations are required for eligible students with a disability to perform essential functions of the job.
• ADA protections apply to nonsectarian private schools, but not to organization or private schools, or entities controlled by religious organization;
• Applies to any part of the special education program that may be community-based and involve job training/placement. Also applies to Childcare centers and recreation programs.
The ADA Amendments Act of 2008
• The ADAAA retains the ADA’s definition of disability as a physical or mental impairment that substantially limits one or more life activities; a record of such impairment; or being regarded as having such impairment. However, it clarifies and expands the definition’s meaning and application in the following ways
The Americans with Disabilities Act / 1990
A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations.
Protects: Any individual with a disability who: (1) has a physical or mental impairment that
substantially limits one or more life activities; or(2) has a record of such impairment; or (3) is regarded as having such an impairment.
504: Evaluation
• Who should be part of the Evaluation?– A team of individual knowledgeable about the
student, evaluation procedures, and service options• Teachers• Parents• Physicians (medical diagnosis alone is not sufficient)
504: Evaluation
1. Does the student have a physical or mental impairment (disability)?
504: Defining Disability
• Physical: Physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems
• Mental: A mental or psychological disorder, such as Intellectual Disability, Organic Brain Disorder, Emotional or Mental Illness
• TEMPORARY: Something that will affect student for less than 6 months does not qualify
504: Evaluation
1. Does the student have a physical or mental impairment?
2. Does the Identified disability impact a major life activity?
504: Major Life Activity
• Major life activity: These can include learning, reading, thinking, writing and concentrating. A child’s disability may substantially limit one or more major life activities.
• The ADAAA of 2008 opened this up to a much broader scale by congress to expand our idea of disability and a major life activity with two Non-exhaustive lists.
504: Major Life Activity
The next two slides are from Dixon’s 504 Plan worksheets.
504: Major Life Activity
504: Evaluation
1. Does the student have a physical or mental impairment?
2. Does the Identified disability impact a major life activity?
3. Does the physical or mental impairment substantially limit the student’s ability to engage in a major life activity?
504: Substantially Limit
• “…in this ADAAA (Americans with Disabilities Act Amendments Act of 2008) era, an individual’s impairment must limit one or more major life activities in a substan tial manner, but need not limit that major life activity in a severely restrictive fashion, in order for the impairment to qualify as an ADA disability.”Definition of Disability Under the ADA: A Practical Overview and Update
504: Substantially Limit
• “The Term ‘substantially limits’ shall be interpreted without regard to the ameliorative effects of mitigating measures.”
United States Department of Education Office of Civil Rights Q&A on the ADA Amendments Act of 2008
Let’s Ask Google
• Ameliorative: Properly used to mean `improve‘
• Mitigating Measure: A measure to make something less severe, serious, or painful.
• Example: A child who takes medicine to manage ADHD can now qualify for a 504 plan.
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant
Relatives?What is our responsibility as Counselors?
Share ExperiencesWriting Useful AccommodationsWhere We Stand Under the Law
What is MSCA’s stance on the counselor’s role regarding 504s?
How do the ADA, 504, and IDEA relate to each other?
The Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 represent three attempts to improve the living conditions of those with disabilities, to ensure equal access, and to promote inclusion.
Go to: http://www.dredf.org/advocacy/comparison.htmlFor a comparison of these laws.
Comparing IDEA & 504
IDEA 504
Basic Description
A blueprint or plan for a child’s special education experience at school.
A blueprint or plan for how a child will have equal access to learning at school.
What It Does
Provides individualized special education and related services to meet the unique needs of the child.These services are provided at no cost to parents.
Provides services and changes to the learning environment to meet the needs of the child as adequately as other students.As with IEPs, a 504 plan is provided at no cost to parents
https://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans
Comparing IDEA & 504
IDEA 504
What Law Applies
The Individuals with Disabilities Education Act (IDEA)
This is a federal special education law for children with disabilities.
Section 504 of the Rehabilitation Act of 1973 &This is a federal civil rights law to stop discrimination against people with disabilities.
The ADA Amendments Act of 2008This Act broadened the definition of Disability
Comparing IDEA & 504
IDEA 504
Who Is Eligible
To get an IEP, there are two requirements:1.A child has one or more of the 13 specific disabilities listed in IDEA. Learning and attention issues may qualify.2.The disability must affect the child’s educational performance and/or ability to learn and benefit from the general education curriculum.
To get a 504 plan, there are two requirements:1.A child has any disability, which can include many learning or attention issues.2.The disability must substantially limit a “major life activity”. Section 504 has a broader definition of a disability than IDEA. That’s why a child who doesn’t qualify for an IEP might still be able to get a 504 plan.
Comparing IDEA & 504
IDEA 504
Who Creates the Program/Plan
There are strict legal requirements about who participates. An IEP is created by an IEP team that must include:•The child’s parent•At least one of the child’s general education teachers•At least one special education teacher•School psychologist or other specialist who can interpret evaluation results•A district representative with authority over special education services
The rules about who’s on the 504 team are less specific than they are for an IEP.A 504 plan is created by a team of people who are familiar with the child and who understand the evaluation data and special services options. This might include:•The child’s parent•General and special education teachers•The school principal
Comparing IDEA & 504
IDEA 504
Who Creates the Program/Plan
There are strict legal requirements about who participates. An IEP is created by an IEP team that must include:•The child’s parent•At least one of the child’s general education teachers•At least one special education teacher•School psychologist or other specialist who can interpret evaluation results•A district representative with authority over special education services
The rules about who’s on the 504 team are less specific than they are for an IEP.A 504 plan is created by a team of people who are familiar with the child and who understand the evaluation data and special services options. This might include:•The child’s parent•General and special education teachers•The school principal
Quiz Time!
Who did we NOT see on that 504 list?
A. Captain AmericaB. King Leonidas and the
Brave300C. Santa ClausD. The School CounselorE. All of the Above
What do you win???
Comparing IDEA & 504
IDEA 504
What's in the
Program/Plan
• The child’s present levels of academic and functional performance
• Annual education goals • The services the child will get• The timing of services• Any accommodations—changes to
the child’s learning environment• Any modifications—changes to
what the child is expected to learn or know
• Standardized tests• Included in general education
classes and school activities
There is no standard 504 plan.
A 504 plan generally includes the following:•Specific accommodations, supports or services for the child•Names of who will provide each service•Name of the person responsible for ensuring the plan is implemented
Comparing IDEA & 504
IDEA 504
Parent Notice
To make changes to a child’s services or placement, it has to notify parents in writing before the change. This is called prior written notice. Notice is also required for any IEP meetings and evaluations.Parents also have “stay put” rights to keep services in place while there’s a dispute.
The school must notify parents about evaluation or a “significant change” in placement. Notice doesn’t have to be in writing, but most schools do so anyway.
Comparing IDEA & 504
IDEA 504
Parent Consent
A parent must consent in writing for the school to evaluate a child. Parents must also consent in writing before the school can provide services in an IEP.
A parent’s consent is required for the school district to evaluate a child.
Comparing IDEA & 504
IDEA 504
How Often It’s Reviewed and Revised
The IEP team must review the IEP at least once a year.The student must be reevaluated every three years to determine whether services are still needed.
The rules vary by state. Generally, a 504 plan is reviewed each year and a reevaluation is done every three years or when needed.
Comparing IDEA & 504
IDEA 504
Funding/Costs
Students receive these services at no charge.States receive additional funding for eligible students.
Students receive these services at no charge.States do not receive extra funding for eligible students. But the federal government can take funding away from programs (including schools) that don’t comply.IDEA funds can’t be used to serve students with 504 plans.
Student Need
Disability adversely affects educational
performance
FREE AND APPROPRIATE PUBLIC
EDUCATION
CONSIDERATION FOR IDEA CONSIDERATION FOR 504
Not eligible
IDEA Eligible
Disability adversely limits one or more
major life activities.
Not eligible 504
Protected
Education reasonably designed to confer
benefit
Education comparable that provided to
nondisabled
Instructional
Accommodation Plan
Specialized education
Related aids and services
Physical
Reasonable accommodations
Individualized Education Program (IEP)
Related Services
Specially designed instruction
NO NO
NO
YES YES
YES
504 in a NutshellSection 504 covers disabled persons in programs receiving federal funds: - public schools explicitly, but also - publicly-funded programs such as day care programs, - after-school programs and even some private schools
To be eligible for services and to ensure a Free and Appropriate Public Education (FAPE) and protection against discrimination under Section 504, a student must have a physical or mental impairment that substantially limits one or more major life activities. [29 U.S.C. 706 (8)(B)]
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?Share ExperiencesWriting Useful AccommodationsWhere We Stand Under the Law
What is MSCA’s stance on the counselor’s role regarding 504s?
Your Experiences
504
Your Experiences
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?Share ExperiencesWriting Useful AccommodationsWhere We Stand Under the Law
What is MSCA’s stance on the counselor’s role regarding 504s?
Accommodations:Attention & Focus
• Preferential Seating• Provide Refocusing Prompts:– Physical: Place hand gently on shoulder or desk– Verbal: Private, Prearranged signal words– Non-Verbal: Hand signal after making eye contact
• Allow use of “fidget” object• Use different colored markers/print• Headphones or earplugs during seat work
Accommodations
• All students who meet criteria under the 504 definition of a person with a disability are protected under the law.
• Students who require accommodations to access regular education program (i.e.. To have a level playing field) are entitled to an accommodation plan
Accommodations:Attention & Focus
• Use a marker/book mark to go under the text to hold attention when reading
• Structure materials to enhance attention & focus:– Block or Mask page– Highlight/Underline/Circle important parts– Enlarge Font Size– Limit Material on Each Page
Accommodations:Work Production & Output
• Class Assignments:– Check for Clarity Often– Provide samples and models of “standard” and
“exemplary” work– Reduce copying from the board with photocopy of
notes– Allow student to stretch after accomplishing a task– Use a timer and reward student’s ability to beat the
clock during short work periods
Accommodations:Work Production & Output
• Homework:– Provide a second set of text books for home use– Allow student to work for a predetermined number
of minutes and then stop (with parental supervision)– Use a student planner and require daily use– Allow student to email homework– Visually post assignments– Allow for extra time to turn in assignments– Reduce homework load (i.e. odd or even problems)
Accommodations:Work Production & Output
• Both Classwork & Homework:– Break assignments into smaller parts– Extended time– Do not penalize for spelling/mechanical errors on
tests intended to measure other content/skills– Differentiate assignments– Increase communication with parents/guardians
Accommodations:Planning & Organizing
• Use a 3-ring binder with subject dividers and pocket folders (ADD/ADHD )
• Use a planner• Provide handouts that are 3-hole punched to put in
binder OR have a 3-hole punch to use• Make a checklist of materials for activities• Color-code materials• Use a clipboard to anchor papers• Provide time to organize materials
Accommodations:Time Awareness & Management
• Require consistent use of calendar/planner• Check that assignments are recorded• Assign a peer-helper to double-check planner• Help with developing a timeline for assignments• Display clear schedules • Use pictorial calendar for younger students & refer to
them throughout the day• Provide advanced notice to parents about important
assignments/due dates
Accommodations:Listening, Recall, and Following
Directions• Repeat Directions• Simplify Complex Instructions• Use Study Guides or Partially Written Outlines• Check for Understanding/ask students to
repeat/paraphrase directions• Pair verbal instructions with written• Provide written/pictorial checklists, task cards, and
reminders of expectations for independent work activities
Accommodations:Test-Taking
• Teacher Proximity• Have test direction read aloud• Have test items/answer choices read aloud• Extend time• Multiple sessions• Different location• Allow for oral answers• Allow supplemental tools (spell checker, calculator,
multiplication table/chart)• Provide graph paper for math related tasks
Accommodations:Behavior & Self-Regulation
• Increase monitoring and cueing during transitions• Redirect student when signs of frustration appear• Increase positive feedback• Allow students to use a “fidget”• Provide information ahead of time whenever
there are changes in the routine• Allow alternative seating/work area• Establish private signals
Accommodations:Expressive Language
• Provide extra “wait time” before responses (at least 5 seconds)
• Allow alternative options for oral presentations• Give cues to students when you are going to call
on them in class• Provide an opportunity to discuss answers with a
partner before a whole class response
Accommodations:Reading
• Use graphic organizers to aid recall • Audio recordings of the book• Supplemental materials at an easier reading
level• Large print or magnifying device• Pair with a Reading Buddy
Accommodations:Reading
• Allow student to be Reading Buddy to a younger grade student
• Preview information prior to reading• Pre-teach challenging vocabulary• Use marker/book mark to track text• Photocopy pages of text to highlight• Permit students to read aloud quietly
Accommodations:Writing
• Use clipboard to anchor papers• Allow use of computer to type• Use college-ruled or wide-ruled paper• Provide photocopy instead of requiring writing
from the board• Sentence Starters
Accommodations:Writing
• Provide desk copies of frequently misspelled words
• Stress accuracy/quality over volume• Grade content and spelling/mechanics
separately• Enlarge space on tests to write• Alphabet strips or cursive charts on desk• Allow sufficient time to write
Accommodations:Math
• Use a calculator• Desk references (multiplication tables, formulas,
etc.)• Reduce problems assigned• Cut up page into strips or rows to be completed• Provide steps and procedures to multistep problems
with a “desk copy”• Graph paper to keep numbers organized• Additional samples
Accommodations:Other Possible Accommodations
• Access:– Special Transportation/Equipment/Access– Auditory amplification or interpreter
• Scheduling:– Preferential scheduling to optimize attention level– Adjust class schedules to address individual issues
• Physical/Medical needs:– Rest Periods– Permission for bathroom breaks/water/snacks– Extended time for missing work without penalty
Services, Accommodations and Modifications
EXAMPLE: Accommodations for children with diabetes might include:• Ability to leave class when needed• Free access to food and water• Preferential seating• Administration of health protocols in class• Additional time to complete assignments without penalty• Ability to make up work missed to fulfill health-related needs
or doctor’s appointments without penalty.
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?Share ExperiencesWriting Useful Accommodations
Where We Stand Under the LawWhat is MSCA’s stance on the counselor’s role
regarding 504s?
504 & the LAW
• Section 504 protects persons with disabilities from discrimination in programs receiving federal funds; ensures persons with disabilities Equal Access to such programs; and requires programs to make Reasonable Accommodations, where necessary, to provide such access.
504 & the LAW
• Unlike IDEA, Section 504 provides for services to meet the individual educational needs of students with disabilities as adequately as the needs of nondisabled students.
Loving Parents
“But my child…”
504 & the LAW
“The IDEA guarantees an ‘appropriate’ education, ‘not one that provides everything that might be thought desirable by loving parents.” • Weixel v. Board of Education of the City of New York (2000)
“Section 504 does not require a public school district to provide students with disabilities with potential-maximizing education, only reasonable accommodations…”• J.D. v. Pawlet School District (2000)
Tips: Conflict Prep “just in case”
DOCUMENTATION RULE OF THUMB:“If it was never written, it was never said and will never
be done.”
• Know your Districts grievance policy
• Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance.
http://www.hhs.gov/ocr/civilrights/clearance/exampleofasection504grievanceprocedure.html
Today’s Agenda
How does a 504 work?A (short) History LessonIDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?Share ExperiencesWriting Useful AccommodationsWhere We Stand Under the Law
What is MSCA’s stance on the counselor’s role regarding 504s?
MSCA’s Position
The Professional School Counselor’s Role in the 504 Process
A Position Paper of the Missouri School Counselor Association
MSCA’s Position
Missouri School Counselor Association (MSCA) strongly supports the implementation of an effective 504 process that helps remove barriers to student learning and achievement. School counselors have a meaningful role in helping address student needs and are an integral member of a student’s 504 team when that student falls under their caseload.
MSCA’s PositionSchool counselors may be the first line of contact from a parent to report a mental health or other disorder. School counselors can also be the initiator of an intervention for a struggling student. School counselors may be a part of staffings and conferences when warranted and are regarded as knowledgeable, educated professionals able to share insight on particular students, as well as resources and interventions.
MSCA’s Position:
School counselors have a responsibility to develop and provide a comprehensive guidance and counseling program to all students, including students with disabilities. The initiating, writing, and management of the 504 process falls under the non-guidance category of special programs and services according to DESE’s Missouri Comprehensive Guidance and Counseling Program.
MSCA’s Position:
Furthermore, the American School Counselor Association states in their position statement on disabilities, that the writing, coordinating and supervision related to a 504 falls under inappropriate duties of a professional school counselor. Placing the school counselor in the role of the 504 coordinator or case manager has a detrimental effect on their ability to provide a comprehensive guidance and counseling program.
MSCA’s Position:
The school counselor is an advocate for the student and an essential member of the 504 team. The strengths the school counselor brings as an effective communicator, collaborator, problem solver, interventionist, liaison, and mental health specialist creates a unique role for them on the 504 team. The conflict the 504 coordinator/case manager duties creates for school counselors include but is not limited to:
MSCA’s Position:
1. lack of professional training in 504 legalities and paperwork,
2. dual relationships, 3. time demand, 4. counselors are mental health professionals not special
education professionals, 5. superior role conflict with teachers, 6. possibly adversarial role with parents instead of
advocacy, and 7. creates a barrier to availability to provide responsive
services.
MSCA’s Position:
When time is taken away from a school counselor’s ability to provide direct student services and instead perform barriers to implementation duties, a counselor’s ability to make a positive impact on student outcomes suffers.
MSCA’s Position:
MSCA strongly believes that school counselors should not be responsible for the development, implementation, and monitoring of any 504’s. MSCA, in agreement with ASCA and DESE, supports the position of removing case management responsibilities from the assigned duties of school counselors.
MSCA’s Position:
The duties involved in the 504 process create significant barriers to implementation of a comprehensive guidance and counseling program as counselors are trained and devoted to provide, in order to address all students’ emotional and academic needs.
Applause is Appropriate
What’s our Next Step?
• What do we say when our administrators and school boards say, “Whose responsibility is it, then, to do the 504s in our district if it isn’t the Counselor’s job?”
Concluding Thoughts
NO MATTER WHAT!
THANK YOU FOR COMING!
Office for Civil Rights
Kansas CityOffice for Civil RightsU.S. Department of Health and Human Services601 East 12th Street - Room 353Kansas City, MO 64106Customer Response Center: (800) 368-1019Fax: (202) 619-3818TDD: (800) 537-7697Email: [email protected]
Office for Civil Rights Washington, DC Office200 Independence Ave SW, Washington, DC 20201Phone:(800) 368-1019
References
1. Educator’s Quick Reference for Section 504: http://www.esc20.net/users/0040/docs/Section%20504/New%20Administrator's%20Guide%20to%20Section%20504.pdf2. The Difference Between IEPs and 504 Plans: Comparison chart. ttps://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans3. Section 504 of the Rehabilitation Act, Karen Norlander, laminated tri-fold guide4. Section 504: Classroom Accommodations, Sandra Rief, laminated tri-fold guide5. Health and Human Services 504 Grievance Policy, http://www.hhs.gov/ocr/civilrights/clearance/exampleofasection504grievanceprocedure.html6. MSCA’s 504 Position Paper http://moschoolcounselor.org/files/2015/05/504-position-paper.pdf
References
1. Frequently Asked Questions and Answers, http://www.pearsallisd.org/UserFiles/Servers/Server_777750/File/Administration/Special%20Programs/04/504%20FAQ.pdf
2. A Parent and Teacher Guide to Section 504: FAQ http://www.fldoe.org/core/fileparse.php/7690/urlt/0070055-504bro.pdf
3. US Department of Education, http://www2.ed.gov/about/offices/list/ocr/qa-disability.html
4. Help for College Students with Disabilities from Wrightslaw.com http://www.wrightslaw.com/flyers/college.504.pdf
5. Definition of Disability Under the ADA: A Practical Overview and Update, http://www.hrtips.org/article_1.cfm?b_id=27
