Presented by:
Conde J. Kunzman
SELPA Director
Shasta County
[email protected]
July 2009
What Is Section 504?
Section 504 is a federal civil rights
statue that prohibits
discrimination/harassment on the basis
of a disability
What Does Section 504 Actually Say?
“No otherwise qualified handicapped individual… shall,
solely by reason of 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…”
29 U.S.C. Subsection 794 (1973)
Section 504 Enforcement
 Section 504 is enforced
by the U. S. Department
of Office for Civil Rights
 Violation of Section 504
may also result in civil
liability
IDEA
Section 504
ADA
Type of
legislation:
Funding act
Civil rights act
SAME as
§ 504
Original
Passage:
1975
1973
1990
Coverage
Students
3 years to age 22
Students
K – post secondary
» employees
» facilities
SAME as
§ 504
FAPE:
Special education
+ related services
Special or regular education
and related services
SAME as
§ 504
Student is compared to the
average
Administering
Agency:
OSEP + SEAs
OCR (+EEOC)
SAME as
§ 504
Eligibility
Definition
2 essential elements
1) 13 categories
2) need for spec ed.
3 essential elements:
1) impairment
2) major life activity
3) substantial
SAME as
§ 504
3 Phases of Section 504
 Stage 1: Awareness
 1970’s disability
movement
 Stage 2: Constriction
 Stage 3: Expansion
 Court cases:
 Sutton 1999
 Toyota 2002
 January 1, 2009 - ADAAA
PHASE 1
 Awareness
 1973
 1977 the regulations
needed to enforce
Section 504 were signed


Accessible buildings
Curb cuts
 Very little impact on
schools
SECTION 504
PHASE 2: CONSTRICTION
 Sutton v. United Airlines (1999)
 Mitigating factors considered
when evaluating if a person has
a “substantial limitation”
IDEA
 Toyota v. Williams ( 2002)
 Severely restricted an
individual from engaging
activities of central importance
& impairment was permanent
or long term
SECTION 504 STAGE 3: EXPANSION
 ADA Amendments Act
 Effective 1/1/09
 In rejecting a series of
U.S. Supreme Court
decisions, the new law is
intended to reinstate the
broad scope of
protection for
individuals with
disabilities.
SECTION 504
STAGE 3: EXPANSION
 Section 504, unlike the
IDEA, “requires a
comparison between the
treatment of disabled
and nondisabled
children, rather than
simply requiring a
certain level of services
for each disabled child.”

Mark H. v. Lemahieu (9th Cir. 2008) 513
F.3d 922)
SECTION 504 STAGE 3: EXPANSION
 Broadens the definition and coverage of
“disability” under ADA and the Rehabilitation
Act.
 Ensures that individuals who compensate for
their disabilities are protected from
discrimination.
 Clarifies that “substantially limits” does not
mean “significantly restricts.”
EXPANSION - ADA Amendments Act
 Impairment that limits one major life need
not limit other major life activities in order
to be considered a disability.
 Impairment that is episodic or in remission
is a disability if it would substantially limit a
major life activity when active.
Section 504/ADA Amendments Act
 Requires disability determinations to be made
without considering mitigating measures
 e.g., medication, medical supplies, appliances,
low-vision devices, prosthetics, hearing aids and
mobility devices.
 Excludes ordinary eye glasses and contact lenses
Concentrating
Thinking
Learning
Reading
ADA Amendments Act
 Main focus of the ADAAA
 Employees
 Iraq veterans
 Changes may or may not impact K-12 practices
 Form D
FORM D
 The team must focus on the major life activity as a
whole (e.g. learning), not on a particular class (e.g.
math) or sub-area (e.g., socialization; study skills)
 Substantial limitation means:
A. unable to perform a life activity that the average
student of approximately the same age can perform
OR
B. significantly restricted as to the condition, manner or
duration under which a particular life activity is
performed as compared to the average student of
approximately the same age. The impairment must
be substantial and somewhat unique, rather than
commonplace, when compared to the average
student of approximately the same age.
Site Implications
 Increased role for school nurse
 Make an educated estimate of the mitigation of medication
 Ask parents to bring in medical information and consider the contents of
the evaluation. The team should modify its position on eligibility if
appropriate.
 Do a thorough and complete evaluation of students in all
areas of suspected disability
 Forest Grove School District v. T.A.
 RtI implications
 Tier 2 or 3 interventions
 Special education referral
 IDEA regulations regarding consent revocation
 Perform Child Find obligation
Key Points
 Common regular education interventions such as RtI
may eliminate existence of a “substantial limitation”
 Standard is to compare student to an “average student”.
This means you compare student against
chronological peers in the entire state or country.
Different standard of FAPE than I.D.E.A.
 Do not consider mitigating factors when determining
whether an impairment is substantially limiting
 Physician or psychologist opinion as to student’s
eligibility status is only one source of information the
team should consider. Remember, the team is making
an educational decision, not a medical decision.
 Students eligible under I.D.E.A. are not entitled to a
separate Section 504 plan.
Temporary Disabilities
 Determination must be
made on a case-by-case
basis, taking into
consideration the
severity and the duration
of the impairment,
typically 6 months
Procedural Requirements
 Notice to parent of evaluation, meeting, and notice of
results/actions.
 Form A
 Form D
 Form F
 Appropriate Team Membership, parent and persons
knowledgeable about the child, meaning of
evaluations and placement options.
 Form C
 Parent rights must be provided
 Form B
 Parent Permission must be received prior to evaluation
 Form A
 Ensure appropriate time limits are set
 Same as I.D.E.A
 School representative and parents should organize and
review all data prior to Section 504 meeting
 Form C
Developing a Section 504 Plan
 Identify student’s disability, major life activity
impacted, and educational impact of disability.
 Design a program to suit student needs
 FAPE = special ed. and/or regular education + related services
 Be sure accommodations are succinct and realistic
 Review each Section 504 Plan at least on an annual
basis or upon any significant change in placement.
Local Grievance Procedure
 Identification, evaluation, or placement decisions may
be appealed by a written request.
 Form J
 Mediation may be used to resolve areas of dispute
 Form B



List your district’s 504 Coordinator
Place district’s 504 Coordinator on your website
Contact the SELPA office if needed
 After mediation or impartial hearing, a written
decision must be provided to person making appeal
Child Find Requirement
 The District has an
affirmative duty to conduct
a “child find” at least
annually.
 District must “identify and
locate” every qualified
disabled child residing in
its jurisdiction including
pre-schoolers, homeless,
and those attending
private school.
Child Find (con’t)
 Teachers and
administrators must
receive training on the
identification of
students suspected of
having a disability.
School Wide Compliance
 Annually identify and locate all Section 504 qualified
students (Child Find)
 Pamphlet available on SELPA website
 County wide tracking mechanism
 Annually notify persons who are disabled and their
parents of the District’s responsibilities under Section
504.
 Provide parents with procedural safeguards.
Useful References
 P.A. Zirkel,
 Section 504, the ADA and the Schools

Two-volume reference updated ANNUALLY and available
from www.lrp.com
 P.A. Zirkel,
 §504 / ADA Eligibility Determinations

West’s Education Law Reporter (in press)
References (con’t)
 Section 504 and ADA: Providing Student Access – A
Resource Guide for Educators,
3d edition
 A guide providing forms and policy templates (including
a CD) for use by school districts and available from
www.casecec.org
Useful References (cont.)
 npl.ly.gov.tw/pdf/6538.pdf
 One of the several sources for the specific statutory
language, which on legal databases will be available
under these official, alternative citations:

122 Stat. 3554 and U.S.C.§ 12101 et seq. (2008)
Thank You.