Section 504

A Guide to Accessibility

 

Davis County School District

Revised July, 1996

Table of Contents

Declaration of Accessibility to a Free Appropriate Public Education

Legal Overview

Definitions

504 Student Eligibility Determination

Practical Applications of Reasonable Accommodations

Comparison Highlights of IDEA, Section 504 and ADA

The Davis County School District 504 Team wishes to express our appreciation to the following individuals and entities for their insight and expertise:
Park City School District - Anchorage Alaska School District - Mountain Plain Regional Resource Center
Utah State Office of Education - Utah State Library - Recordings for the Blind and Dyslexic
Educators: David Nielsen (Syracuse Junior High) - Karla Robinett (Related Services) -
Carol Ann Johnson (Davis High School)
Parents/Advocates:
Linda Stover, Judy Rice, Linda Smith, Gaylia Tanner, Carolyn Kocherhans


Davis County School District


Declaration of Accessibility to a Free Appropriate Public Education


It is the policy of the Board of Education of Davis County School District to provide a free appropriate public education to each disabled student within its jurisdiction, regardless of the nature or severity of the disability.

It is the intent of the District to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled under this policy even though they do not require services pursuant to the Individuals with Disabilities Education
(IDEA).

Due process rights of disabled students and their parents under Section 504 are guaranteed in Davis County School District. Each school has a 504 Coordinator.

Davis County School District has a 504 Director who may be contacted by calling the District Office at 444-5147 or 444-5143.


Legal Overview

Legal Summary


Under Section 504, A School District Discriminates When It:


1. Denies a person with disabilities the opportunity to participate in or benefit from an aid or service which is afforded students without a disability.

Examples:
a. Denial of credit to a student whose absenteeism is related to his/her disability;
b. expelling a student for behavior related to his/her disability;
c. refusing to dispense medication to a student who could not attend school otherwise.

2. Fails to afford the student with disabilities an opportunity to participate in, or benefit from, the aid or service that is equal to that afforded others.

3. Fails to provide aids or services to the person with disabilities that are as effective as those provided to non-disabled persons.


Note: "Equally effective" means equivalent as opposed to identical. To be equally effective an aid or service need not produce equal results; it must merely afford an equal opportunity to achieve results.

4. Provides different or separate aids or services unless such action is necessary to be as effective as the aids, benefits or services provided to other students (e.g., segregating students in separate classes, schools, or facilities, unless necessary for the students' benefit).

5. Perpetuates discrimination by providing significant assistance to an agency,
organization or person that discriminates on the basis of a disability.

6. Denies a person with disabilities the opportunity to participate as a member of a planning or advisory board strictly because of his/her disability.


7. Otherwise limits the enjoyment of any right, privilege, advantage or opportunity enjoyed by others (e.g., prohibiting a person with a physical disability from using a service dog at school).

8. In determining the site or location of a facility, makes selections which effectively exclude person with disabilities, denies them the benefits of, or otherwise subjects them to discrimination.

Legalities - An Overview

With passage of the Rehabilitation Act of 1973, Congress required that federal fund recipients make their programs and activities accessible to all individuals with disabilities. "No qualified individual with disabilities, shall, solely by reason of her or his disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Section 504 protects persons from discrimination based upon their disability status. A person is disabled within the definition of Section 504 if he or she:

1. Has a mental or physical impairment which substantially limits one or more of such person's major life activities:
2. Has a record of such impairments-, or
3. Is regarded as having such an impairment.

"Major life activities" include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. When a condition does not substantially limit a major life activity, the individual does not qualify under Section 504.

Section 504 has three major areas of emphasis: employment practices, program accessibility, and requirements for preschool, elementary, and secondary education.


Program Accessibility

No qualified person with a disability shall be denied the benefits of, be excluded from participation, or be otherwise subjected to discrimination under any program or activity because facilities are inaccessible or unusable.

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Definitions

Accommodations - adjustments or modifications made by classroom teacher(s) and other school staff to enable the students to benefit from their educational program. In some cases a plan should be developed outlining services and/or accommodations.

Americans with Disabilities Act - a civil rights law that prohibits discrimination against persons with disabilities in the areas of employment, public services, public accommodations, transportation, and communication. It mandates that any recipient- direct or indirect-of federal funds must make their programs and activities accessible to the disabled.

Barrier -Free Environment - a school environment that contains no obstacles to accessibility and usability by students with disabilities. Barriers can be physical and non-physical.

Contagious Diseases Protected Under 504 - Contagious diseases are those that can be transmitted from person to person. Included are such diseases as AIDS and tuberculosis.

Disabled (Handicapped) - any student who 1) has a physical or mental impairment which substantially limits one or more major life activities, 2) has a record of such an impairment, or 3) is regarded as having such an impairment.

IDEA - Individuals with Disabilities Education Act. Federal special education law and regulations. Amended the Education for All Handicapped Children Act (P.L. 94 142).

Major Life Activity - functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Office of Civil Rights (OCR) - has three primary responsibilities; investigating complaints, conducting compliance reviews, and providing technical assistance. There are ten regional offices located throughout the United States. The regional office for Utah is in Denver Colorado Region VIII (Colorado, Montana, North Dakota, Utah, and Wyoming), Office of Civil Rights, 1244 Speer Blvd., Suite 310, Denver, CO 80204-3582, (303)

Physical or Mental Impairment - (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculosketetal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary, hemic and lymphatic; skin, and endocrine- or (2) any mental or physical disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction, and alcoholism.

Program Accessibility - Each school district will ensure programs and activities are accessible to and usable by persons with disabilities. In many instances, programs and activities may be required. But structural change is required only in instances where program accessibility cannot be achieved effectively through other means.

Program or Activity - in the context of Section 504, this includes all operations of state and local agencies that receive federal funds. This includes colleges, universities, and/or school systems.

Public Notice - all school districts are required to provide public notice and internal notice (i.e., to staff and students) stating they do not discriminate on the basis of a disability.

Reasonable Accommodation - school districts are required to make adjustments to allow for known physical or mental limitations of a student with disabilities.

Section 504 - the part of the Rehabilitation Act of 1973 that guarantees specific rights in federally funded programs and activities to people who qualify as disabled. Section 504 states: "No otherwise qualified handicapped individual in the United States... shall, solely by reason of his handicap be excluded from the participation in, or be denied the benefits of any activity receiving federal financial assistance..."

Section 504 Coordinator - school districts employing 15 or more persons must assign a person to coordinate compliance with Section 504 regulations. It Is recommended that all school districts appoint a 504 Coordinator.

Self Evaluation - Section 504 requires that federal fund recipients evaluate their programs, physical accessibility, and employment practices to determine the extent to which programs and activities require modification to ensure full participation by students with disabilities. These evaluations should be updated frequently.

Transition - if a recipient determines that structural modifications are necessary to meet Section 504 program accessibility requirements, the school must develop a plan specifying the steps necessary to meet Section 504 program accessibility requirements, the school must develop a plan specifying the steps necessary to complete such changes and the time frame for completion. The document containing these steps and a recipient's schedule for making structural changes is termed "transition plan." This Transition Plan should not be confused with a "Transition Plan" under IDEA which outlines an individual student's transition goals and objectives on the IEP.

Uniform Federal Accessibility Standard (UFAS) - UFAS are the standards the federal government uses to meet Section 504's accessibility requirements for the design, construction and alteration of buildings.

Persons Potentially Eligible For Protection Under Section 504


Attention Deficit Disorder (ADD) and Attention Deficit Hyperactive Disorder (ADHD) - The student does not meet eligibility requirements under IDEA as emotionally disturbed or learning disabled. The student is regarded as having a disability (ADD) by a doctor. The disability limits the major activity of learning.

Acquired Immune Deficiency Syndrome (AIDS) - The student frequently misses school and does not have the strength to attend a full day. This student has a record of a disability which substantially limits the life activities of learning and working.

Arthritis - A student with arthritis may have persistent pain, tenderness or swelling in one or more joints. A student experiencing arthritic pain may require a modified physical education program.

Asthma - A student has been diagnosed as having asthma. The doctor has advised the student not to participate in physical activity outdoors. The disability limits the major life function of breathing. The school is required to make reasonable accommodations in the physical education program.

Cancer - A student with a long term medical problem may be given considerations to accommodate special needs. For example, a student with cancer may need a class schedule that allows for rest and recuperation following chemotherapy.

Emotionally Disturbed - A student who is emotionally disturbed may need an adjusted class schedule to allow time for regular counseling or therapy.

Homebound - A student was in an automobile accident and will require homebound services for three months. The student is considered disabled under Section 504 and should receive special accommodations.

Parents With Hearing Impairment - A parent is hearing impaired and requests access to school sponsored activities. The school district makes accommodations by providing interpreter services for the parent to participate effectively in school prove sponsored events or meetings about the student.

Obesity - A student has an extreme eating disorder that may require special accommodations. Obesity may be considered a disability under Section 504 where it substantially impairs a major life activity or is perceived by others as doing so.

Student With Special Health Care Needs - The student has a special health care concern; and requires clean intermittent cauterization twice each day. This procedure empties the bladder and helps prevent urinary tract infections and bed wetting. The school is required to provide trained personnel to perform the procedure, or to provide the student a private location to perform the procedure.

School Employees With Disabilities - The employer shall make "reasonable accommodations" for applicants and employees with disabilities who have physical or mental limitations, unless it can be demonstrated that the accommodations would impose an undue hardship on the program.

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504 Student Eligibility Determination

Disability Determination
Accommodation Plan

Writing and implementing a 504 Accommodation Plan utilizes the Disability Determination Worksheet to facilitate both the Disability Determination Process and writing an Accommodation Plan, one form is used. (See Forms Section)

504 Team Membership

Step I. Determine the membership of the 504 Team. The law requires the following minimum:

A. Someone knowledgeable of the child - usually the classroom
teacher(s), parents should also have input.
B. Someone knowledgeable of the testing - usually a psychologist,
social worker or special education teacher.
C. Someone knowledgeable of placement/program options - Usually the
building 504 Coordinator and Team Leader. This is typically the principal or a designee.

Whenever parents should be part of the process but are not required members as they are under IDEA regulations; however cooperation and collaboration with the parent(s) is our District's philosophy.

Disability Determination

Step II. The team should:


A. Complete directory information
B. Complete Section I
It is imperative that you state the rationale for your decision.
Involve and notify the parents of this decision.
If this student is not eligible for services, all team members and the parents should sign the signature sheet on the last page, just as they would if services were going to be provided The parents may sign to note their participation in the process, but it is NOT required
C. If the team determines-nines the student qualifies for services the team should complete Section 11. Accommodations. The team should brainstorm and prioritize those areas of concern which are educationally relevant.

Recommended Accommodations

Areas of Concern:
Suggested educationally relevant areas of concern are listed under Accommodations. They include: Physical Arrangement of Room, Lesson Preparation, Assignments/Worksheets, Transportation, Test Taking, Organization, Behaviors, Medication, Medical Plan, Special Consideration and Discipline. Each plan can be individualized by listing additional accommodations to mitigate the students educationally relevant disability. Examples of Reasonable Accommodations are noted in the Section titled Practical Applications of Reasonable Accommodations.
Remember: This is not an IEP nor are we required to create undue hardships on our teachers
If the team and/or parents express the need for accommodations which require fiscal resources beyond the scope of the school's budget, the District 504 Director MUST be contacted BEFORE any commitment is made!

Duration of Accommodation
We generally recommend an annual review; particularly at the end of any school year. Teacher notes on what worked and didn't would be helpful for the next year's teachers.

Review Dates
We suggest quarterly review dates to insure the implementation is progressing smoothly. These review dates should be set at the initial meeting. Secondary schools should insure teachers who have the student in second semester classes are inserviced on the Accommodation Plan - adjustments may need to be made at this time Try to keep secondary teachers who have full year course with ADD students for the full year to maintain continuity and structure.

Section III
Signature Page
Please have all team members, sign the signature page. If the parent and student wish to sign to denote their participation, please offer.

District Copy
Please send a copy of the plan to the District 504 Director.
Medical/Education Documentation should be kept on file at the school!


New Year
The 504 Coordinator at each building should provide in service to teacher beginning a new year, before school starts. Adjustments in the plan may need to be made. Folders/Plans should be transferred to next years school as appropriate.

Re-evaluation

Students receiving accommodations under Section 504 must be re-evaluated every three years. The 504 Accommodation Plan does NOT have the legal requirement for annual review like an IEP, but should be reviewed quarterly to insure an effective and appropriate service delivery. New teachers (semester) will also need to be inserviced on the Plans requirements at the beginning of each school year, all relevant players should be inserviced on the Plans requirements.

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PLACEMENT PROCESS

504 FORMS.pdf

(This form is a pdf file. You will need to have Adobe Acrobat Reader to open this file. If if you do not have Acrobat Reader, click here to download a copy.


Practical Applications of Reasonable Accommodations

 

Examples of Reasonable Accommodations


Provide a structured learning environment.


Repeat and simplify instructions about in-class and homework assignments.


Supplement verbal instructions with visual instructions.


Adjust class schedules.


Modify test delivery.Use tape recorders, computer-aided instruction, and other audiovisual equipment.

*Select modified textbooks or workbooks (See addendum, Modified Textbooks for special Instructions to have books recorded (tapes) for ADD/HD students as well as blind and dyslexic students)

Tailor homework assignments.

Use of one-to-one tutors (adult).

Classroom aides and note takers.

Possible modification of nonacademic times such as lunchroom. recess, and physical education.

Change student seating.


Change instructional materials, pace and/or methods.


Provide peer tutoring.


Implement behavioral/academic contracts.


Utilize positive and negative reinforcements to modify student behavior.


Utilize supplementary materials.


Administration of medication, as per District Policy.

 

Examples of Disabilities and Possible Accommodations

 

Acquired Immune Deficiency Syndrome (AIDS)
Attention Deficit Disorder (ADD) and Attention Deficit Hyperactive Disorder (ADHD)
Arthritis
Asthma
Cancer
Obesity
Parent with Hearing Impairment
School Employees with Disability
Student with Special Health Care Needs
Temporarily Disabled
Tourette Syndrome
Visually Impaired Students

 

ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) - A student who frequently misses school, is a virus carrier, or does not have the strength to attend a full day is regarded as having a condition which substantially limits the life activities of learning or working.

Possible Accommodations:

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ATTENTION DEFICIT DISORDER (ADD) and ATTENTION DEFICIT HYPERACTIVE DISORDER (ADHD) - A student is diagnosed as having a disability (ADD or ADHD) by a doctor, and if this condition also substantially affects the major life activity of learning, he/she will be covered under Section 504/ADA. Some of these students are also covered by special education. The student may also be diagnosed as having ADD and ADHD simultaneously.

Possible Accommodations:

Return to Examples of Accommodations.....Return to Table of Contents

ARTHRITIS - A student with arthritis may have persistent pain, tenderness or swelling in one or more joints. A student experiencing arthritic pain may require a modified physical education program.

Possible Accommodations:

Return to Examples of Accommodations.........Return to Table of Contents

 

ASTHMA - If a student has been diagnosed as having asthma, or a doctor has advised the student not to participate in physical activity outdoors the student is limited in a major life function: Breathing. The school is required to make reasonable accommodations in his or her physical education program.

Possible Accommodations:

Return to Examples of Accommodations.........Return to Table of Contents

 

CANCER- A student with a long term medical problem may be given considerations to accommodate special needs. For example, a student with cancer may need a class schedule that allows for rest and recuperation following chemotherapy.

Possible Accommodations:

Return to Examples of Accommodations.........Return to Table of Contents

OBESITY - A student with an extreme eating disorder may require special accommodations. Obesity may be considered a disability under Section 504 when it substantially impairs a major life activity or is perceived by others as doing so.

Possible Accommodations:

Return to Examples of Accommodations.........Return to Table of Contents

PARENT WITH HEARING IMPAIRMENT - A hearing impaired parent is entitled to request access to school sponsored activities, The school district must make accommodations by providing interpreter services for the parent to participate effectively in school sponsored events or meetings about the student.

Possible Accommodations :

Return to Examples of Accommodations.........Return to Table of Contents

SCHOOL EMPLOYEES WITH DISABILITIES - The employer shall make
41 reasonable accommodation" for applicants and employees with disabilities who have physical or mental limitations, unless it can be demonstrated that the accommodations would impose an undue hardship on the program.

Possible Accommodations:

Return to Examples of Accommodations.........Return to Table of Contents


STUDENT WITH SPECIAL HEALTH CARE NEEDS - The student with special health care concern may require clean, intermittent catheterizations each day. This procedure empties the bladder and helps prevent urinary tract infection and possible wetting, The school is required to provide trained personnel to perform this procedure and provide the student with a private location to perform-n the procedure.

Possible Accommodations:

 

Return to Examples of Accommodations.........Return to Table of Contents

 

TEMPORARILY DISABLED - A student involved in an automobile accident may require homebound services for several months. This student is considered disabled under Section 504 and should receive special accommodations.

Possible Accommodations:

Return to Examples of Accommodations.........Return to Table of Contents

 

VISUALLY IMPAIRED STUDENTS - A student who is visually impaired may use print in some form as their main reading mode, others use Braille. Some of these adaptations may be needed by both groups, some will be needed by certain individuals.

Possible Accommodations:

*Modified Textbooks

Recording f/t Blind and Dyslexic
20 Roszel Road
Princeton, New Jersey, 08540
1-800-221-4792

There is a one time registration fee of $50.00 (as of 1-96). Recordings can be ordered over the phone or by mail.


Utah State Library for the Blind and Physically Handicapped
1-801-466-6363

Braille, Lg. Print and recorded books are available. Tape recorders are also available for the 4-track tapes.

To order other Braille or Lg. Print materials contact one of the districts vision related servers at 451-1055.

The information in this addendum came to you from two special people:
Karla Robinett - Vision Related Server
Carol Ann Johnson - Teacher, Davis High

Return to Examples of Accommodations.........Return to Table of Contents


Specific Classroom Strategies and Techniques

for Students with Tourette Syndrome

by Susan Conners, M.Ed.

For Tic Symptoms

For ADHD Problems

For Visual Motor Integration - Auditory Processing Difficulties, Fine Motor Skill Problems

For Short Fuse and Oppositional Behavior Difficulties

Children with TS and ADHD are very easily frustrated. They live day in and day out with a disorder that never allows them to be still. Their bodies are constantly out of their control. Their bodies constantly hurt from the persistent tics. It takes very little to set these children off. They are also very easily over stimulated by large crowds, noisy situations and disorganization in the classroom. Some of the most difficult times for these children can be in the hallways between classes, in the cafeteria and on the school bus. Not only are these noisy, unstructured situations, there is also less, if any, adult supervision. Some possible interventions are:

REMEMBER - TS children don't want to be out of control. They don't know how to avoid situations that cause this to happen. We need to help them with this lace of impulse control. This is not always an expression of bad behavior, rather it may be an expression of neurobiological disturbances.

MEDICATIONS - Many TS children take medication. The majority of these medications have side effects which may affect their performance and behavior in school. It is most important for the school nurse to come involved in informing teachers not only about the medications being taken, but about the possible side effects of these medications.

Tourette Syndrome Association, Inc
42-40 Bell Boulevard
Bayside, New York 11361-2874
Tel: (718) 224-2999
Fax: (718) 279-9596

 

Return to ........ Table of Contents.....504 Accommodations Page....


Comparison Highlights of IDEA, Section 504 and ADA


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Last updated on 07/19/02