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In this Issue:
Section 504
Dear Friends and Family Caregivers,
This month's Special EDition discusses protections and services under Section 504 of the Rehabilitation Act of 1973.
What is Section 504?
Section 504 states that "no otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ..." Even though 504 does not deal solely with education, public schools receive federal funding, and are therefore subject to Section 504. For parents and caregivers of children with disabilities, 504 can be a useful tool as you work to ensure educational access for your children.
Accommodations Under Section 504
According to Section 504, educational needs of students with disabilities must be met as adequately as the needs of their nondisabled peers are met. Some students with disabilities need accommodations and services to achieve equal access to their education. The point is to level the playing field so students with disabilities receive the same quality education as their nondisabled peers. In many cases, these accommodations are described in a document called a 504 plan. If your child has a 504 plan, it does not mean that your child is receiving specialized education services. Instead, a 504 plan is designed to remove barriers. In other words, 504 accommodations do not change learning expectations, but they do lessen the effects of your child's disability on his or her learning. Accommodations may include an alternative way to present information, different formatting of student input or response, or changes to scheduling or classroom setting. For example, a child with diabetes might need to have snacks available or to have access to a private space to test her blood glucose levels and administer insulin. A student with ADHD might need regularly scheduled breaks, a workspace away from distractions, or a color-coded system for organizing his homework. As you can see, none of these accommodations changes the content of what your child learns.
Who qualifies for accommodations under Section 504?
The definition of a disability under Section 504 is broader than that of the Individuals with Disabilities Education Act, so children with Individualized Education Plans (IEPs) are generally protected under 504, whereas children may be eligible for a 504 plan even if they do not qualify under IDEA. To qualify for protection under 504, a person must have a physical or mental impairment that substantially limits one or more major life activities (including learning, reading, concentrating, thinking, and communicating), have a record of such an impairment, or be regarded as having such an impairment. Regulations in effect since 2009 clarify that schools and agencies can no longer consider the effects of mitigating measures in determining whether an individual has a disability under Section 504. For example, a student may be classified as having a disability even if he or she has a condition that is controlled by medication, physical aids, or other ameliorative measures. Regulations also clarify that conditions that are episodic or in remission are considered disabilities if they substantially limit a major life activity when active.
How can I use Section 504 to help my child in school?
If you think your child may be eligible for services under Section 504, write a letter to the district 504 Coordinator requesting assessment. You can also request that the school evaluate your child under both Section 504 and the Individuals with Disabilities Education Act. If your child is found eligible under IDEA, his IEP will include accommodations under Section 504. If your child is found ineligible under IDEA, she may still be able to receive accommodations under Section 504.
Section 504 requires that information the school collects to develop a 504 plan come from a variety of sources, and that the school consider all available data. A committee of people who are knowledgeable about your student, the collected data, and the services available through the school district should make the decisions about the development of the 504 plan.
Section 504 is enforced by the Office for Civil Rights (OCR). If your child experiences discrimination at school, or if you have problems with the 504 process, one option you have is to file a complaint with OCR. More information about how to file a complaint is available on the OCR website.
If you have specific questions about obtaining a 504 plan for your child, call your local Parent Training and Information Center (PTI).
UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.Advocacy Skills for IEP Meetings
Good advocacy skills help parents obtain the supports their children need. Learn skills to ensure that IEP members truly hear your perspective, take you seriously, and know that you understand the IEP process and your rights.
Date: Monday, January 31, 2011
Time: 7:00 pm — 9:30 pm
Where: Davis Senior Center, 646 A Street, Davis, CA
To Register: Contact Diane Casey at WarmLine Family Resource Center, dcasey@cityofdavis.orgUnderstanding the Special Education Process
An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month, not offered in February, July, or August
Next Offered: March 14, 2010
Time: 6:00 — 8:30 pm (Pizza included!)
Where: DREDF, Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 (note new address)
Classroom: The Bernard Osher Foundation Education Center, First Floor
To Register: Contact Katie at (510) 644-2555 X5227 or kkeil@dredf.orgUnderstanding the Special Education Process
An overview of the special education process, Section 504, and IDEA laws.
Date: Monday, February 28, 2011
Time: 6:30 — 9:00 pm
Where: Fremont Unified School District Board Room, 4210 Technology Drive, Fremont, CA
To Register: Contact Robin Chiang, Fremont SEPTA, rcchiang@yahoo.comBehavior
Research shows that if educators have the knowledge and expertise to provide appropriate positive behavioral support interventions, behavior challenges are avoided and learning increases. Learn about behavior interventions, new discipline provisions under IDEA 2004, and children's rights.
Date: Monday, February 28, 2011
Time: 7:00 pm — 9:30 pm
Where: Davis Senior Center, 646 A Street, Davis, CA
To Register: Contact Diane Casey at WarmLine Family Resource Center, dcasey@cityofdavis.orgManaging Emotional Crises and Preventing Suicide Among Adolescents
A presentation at the North Region SELPA CAC meeting presented by Teens for Life Health Educator Cris Rita. Cris Rita is the coordinator for community education at Crisis Support Services of Alameda County. CSS's mission is to support people of all ages during emotional crises and to prevent suicide. To empower parents, she will discuss various aspects of emotional crises among adolescents including the following:
Her focus will be on high risk adolescents such as those with special needs and LGBTQ youth.
- Adolescent depression and suicide
- Strategies for talking with children about suicide
- Warning signs and assessment tools for parental use
Date: Monday, February 20, 2011
Time: 7:00 pm — 8:30 pm
Where: Emery Unified School District, Emery Secondary School Library, 1100 47th Street, Emeryville, CA 94608
Questions: North Region SELPA, (510) 525-9806 or 525-9800© 2011
Advocacy Tip of the Month:
Consider using 504 as a tool to ensure your child has access to other federally funded programs, including certain preschools and after school programs.
Acronyms:
IDEA — Individuals with Disabilities Education Act
IEP — Individualized Education Plan
OCR — Office for Civil Rights
PTI — Parent Training and Information Center
Related Links:
- A Comparison of IDEA and Section 504 (DREDF)
- A Short History of the 504 Sit-Ins
- DREDF's Special Education Training Materials
- Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (OCR)
- How to file a discrimination complaint with the Office for Civil Rights
- Parent Center Directory
- Publications by the PACER Center
- Sample Section 504 Plan for a Student with Diabetes (DREDF)
- Sample 504 Plans
- Sample Letter Requesting 504 Assessment
- School Accommodations and Modifications (PACER Center)
- Section 504 (NICHCY)
- Special Education Publications (Disability Rights California)
- Students with Disabilities & Section 504 of the Rehabilitation Act of 1973 (PACER Center)
- Wrightslaw
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CONTACT DREDF:
info@dredf.org
www.dredf.org
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Berkeley, CA 94710
510-644-2555