Section 504 Overhaulin’,
Behavior Observations
and a Little Hodge Podge of
Other Stuff
Caldwell County Schools
Student Services
Professional Development Day
November 8, 2016
Section 504 Purpose
• Students are entitled to a “free, appropriate,
public education” or FAPE
• An appropriate education is a program
designed to meet the individual educational
needs of individuals with disabilities as
adequately as the needs of nondisabled
students are met.
• Section 504 is about “leveling the playing field”.
Three Prongs of Section 504
• Physical or Mental Impairment
• Substantial Limitation
• Major Life Activity
Prong One – Physical or Mental Impairment
• Physical Impairment—any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular;
reproductive, digestive, genito-urinary; hemic and
lymphatic; skin; and endocrine; or
• Mental Impairment—any mental or psychological
disorder such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific
learning disabilities.
Prong Two – Substantial Limitation
• A substantial limitation means that
there is a significantly large restraint in
the student’s ability to perform the
major life activity.
Prong Three – Major Life Activity
Including but Not Limited To
▪
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▪
▪
▪
▪
▪
▪
▪
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Lifting
Bending
Speaking
Breathing
Learning
Reading
Concentrating
Thinking
Communicating
Working
▪
Broadened to include the
operations of major bodily
functions:
-immune system
-bowel
-brain
-endocrine
-normal cell growth
-bladder
-respiratory
-reproductive
-digestive
-neurological
Why are we revising Section 504?
• Supports becoming more purposeful
prompts a change in how we look at the
needs of students
• Need for consistency across schools
• Paperwork more conducive to
individualized needs of students
• Last update 2009
Disclaimer
• Section 504 revisions are going to require us to be
more reflective of our practices
• The emphasis for many of us has been compliance,
but not purposeful and thoughtful decision making
• Concept of the Day “ data driven”, but objective
data really does help us to best tell the story and
make better decisions
• These revisions may cause growing pains, but will be
better in the long run
When to Consider A Referral
• Parent request for an evaluation or Section 504 plan
• Notice provided on school enrollment forms
• Suspension or expulsion is being considered
• Academic performance is lower than expected
• A student is found not IDEA eligible
• Student exhibits on-going medical problem
• Student enrolls with a Section 504 plan from another district
• An impairment of any kind is suspected
• Chronic absences due to medical/health issues
How do I know if a student is eligible for
Section 504? What is an evaluation?
• Remember the Three Prongs
• Don’t let the evaluation delay supports
• Every evaluation is different
• Purpose of evaluation is to identify impact of the condition in the
educational environment
• Should include information from a variety of formal and informal
sources, assess specific areas of educational need, and
administered/collected with fidelity
• An evaluation is as simple as gathering information on a student from
various sources including but limited to school record reviews,
academic assessments, educational observations, interviews, rating
scales, and social or medical history
• Continuous process
Behavior
Observations
Letter of Invitation and Consent to
Screen/Evaluate
• Meeting date needs to be a projection out in order to
obtain permission to and conduct evaluation
• Evaluation plan in head to determine what collect and
how long it will take
• Existing school records can be collected immediately,
but any evaluative activity must wait until consent
obtained
• Send copy of Parent Rights with the Letter
Student Eligibility Determination Form
Part One
• Primary Sources of Information
• Recommend use of CCS Medical Evaluation
Report
• Other Sources Must Include
• Additional Sources
• Ranking the Major Life Activities
• Learning is not the only educationally relevant
Major Life Activity
Student Eligibility Determination Form
Part Two
• Mitigating Measures
• Cultural, economic or environmental
factors
• Episodic, intermittent or in remission
impairments
Student Eligibility Determination Form
Part Three
• Not Eligible
• Eligible but not in Need of Plan
• Eligible and in Need of Plan
Vignettes – Evaluation and Eligibility
• Gather in groups of 3-5
• Design an evaluation plan based on the
reported condition
• Complete Letter of Invitation and Consent to
Screen/Evaluate
• Complete Student Eligibility Determination Form
• Volunteers to share out
Section 504 Meeting Notes
• More than just repeat of the plan
• Needs to tell the story
• Needs to be transferable between settings –
what decision is made in one settings may have
different contributing factors in another setting
so we need to know why the decisions were
made
Section 504 Plan
Page 1
• Open format to encourage individualized
planning for students
• Designed for total school environment and
classroom
• Accommodations and/or Supplemental Aids
• Who, What, Where, When and How
Section 504 Plan
Page 2
• Check box for No Testing Accommodations
• Open format to encourage individualized planning for
students
• Testing Accommodations per NC Testing Students with
Disabilities Manual
• Who, What, Where, When and How
• Add Link here
• Three Signature Sections
• Team Members at Meeting
• Team Members Not at Meeting
• Regular Transitions
Vignettes – Section 504 Plan
• Regather in groups of 3 – 5
• Develop an accommodation plan based on
evaluation data
• Complete Section 504 plan
• Volunteers to share out
Additional Section 504 Forms
• Transition Agreement
• Used to mark the transition between school years
• Must be completed as soon as possible and ensure that
no discrimination occurs until new plan is developed
• Printed/Signed name
• Transitory Impairment Support Plan
• Not officially a Section 504 eligibility
• Used to ensure supports for students with short term
impairment (less than six months anticipated)
• Can be used to support future planning if applicable
ReEvaluations
• Must occur at least every three years
• May not occur more than once per year
• Determines continued eligibility
• May be more frequent if requested or change in
conditions
• Must be conducted prior to a significant
change in placement
Significant Change in Placement
• significant changes to the type or amount of
educational or related aids and services being
provided including adding or terminating a
service
• disciplinary action that excludes a student from
school for more than ten cumulative days or
constitutes a pattern of exclusions
Significant Change in Placement
What likely is…
• Transition to or from an
alternate setting
• Suspensions longer than
10 days
• Suspensions that indicate
a pattern (i.e. same
behavior, same setting,
same time of day, same
circumstances, etc.)
What likely is not…
• Regular transition from
elementary to middle to
high
• Basic schedule adjustments
(i.e. change from band to
art or math first period to
math third period)
• Schedule adjustments due
to semester change
Section 504 Housekeeping
• Red Folders – They are considered a part of students’ cumulative records.
During the school year, they may be housed within the cumulative records or
with the Section 504 school based representative. It is the responsibility of the
Section 504 school based representative to maintain security.
• Red folders - Are to be put back into the cumulative records upon all
transitions. It is suggested that the sending and receiving schools
communicate about Section 504 plan transitions.
• Cumulative Records – The outside of the cumulative records should be
marked for Section 504.
• Power School – All Section 504 eligibilities should be recorded in Power
School. The Section 504 school based representative and school based data
manager should establish communication and procedure.
• School Based PreK programs – These pre-K programs are eligible to receive
support just like all other classes in your building.
Section 504 Conclusion
Questions and Comments?
Big Ideas of
Tiered Systems of Support
•
Universal, proactive screening – systematic process to detect subset of
students who are struggling/at risk for experiencing a range of negative short
and long term outcomes
•
Progress monitoring – practice to assess students’ performance and evaluate
the effectiveness of instruction (intervention)
•
Data-based decision making – using student response data to make decisions
about supports
•
Evidence based/scientifically validated interventions – interventions are
supported by scientific research
•
Treatment integrity – supports should be implemented as intended
•
Multiple tiers of support – providing graduated sequence of intensifying
interventions to match services to student need
•
Problem solving – dynamic and systematic process of identifying and
analyzing problem in order to develop, implement and evaluate plan
Simple Interpretation
• Use some form of universal data with all
students
• To proactively determine who is at risk
• Then give them what they need
• Monitor their progress
• And make changes when needed
Generalized Key Ideas and Concepts
CORE/Tier 1
• For ALL students
• By ALL staff
• BROAD based goals and expectations
• Looks for TRENDS in data
• Reviewed informally MONTHLY
• Developed/revised formally BOY, MOY and EOY
Generalized Key Ideas and Concepts
SUPPLEMENTAL/Tier 2
• For SMALL GROUPS of students
• By TEAMS with assistance from…
• STANDARD PROTOCOL
• Looks at GROUP performance
• Reviewed QUARTERLY
Generalized Key Ideas and Concepts
INTENSIVE/Tier 3
• For INDIVIDUAL students
• By TEAMS specialized in…
• INDIVIDUAL planning
• Looks at INDIVIDUAL student performance
• Reviewed informally frequently
• Developed/revised formally MONTHLY OR QUARTERLY
Analyzing the
Foundational Core
• More efficient to problem-solve the core
than individual students
• Trends in data
• Consider adjustments in:
• Instruction
• Environment
Analyzing Foundational Core
3rd period science: Based on quiz, 28% of the students showed understanding of water table. Do you just hope
and pray that the “light bulb goes on” for the other 72%? Do you create individualized interventions for 72% of
the class during Den, lunch or after school? Or do you reteach concept in whole group instruction with
differentiation?
Analyzing Foundational Core
Brass section of band: 2 of 15 members successfully played riff. Do you show up to contest/concert
hoping that the parents of the 13 made them practice? Do you take each of the 13 individually into
practice rooms during band class? Do you reteach and practice whole group?
Analyzing Foundational Core
Breezeway behavior: Through analysis discover that 55% of hallway demerits are occurring on the
back breezeway. Do you close down all breezeway traffic? Do you keep handing out demerits
and establish large after school detention classroom? Do you adjust environment or supervision
on breezeway to prevent offenses?
School Nurse
Tier One: Universal –High Quality Health Promotion and Prevention
•
General screening/assessment for health problems
•
Hearing (audiologist) and vision screening of students as indicated
•
Optional screening: Dental (through DPH dental program), BMI
•
Promote immunizations and monitor for communicable disease
•
Acute health problems
Tier Two: Targeted ‐ Early Identification and Intervention
•
Participation in Student Problem Solving Team, as appropriate
•
Monitoring health issues
•
Participation on the Section 504 team, as appropriate
•
Individualized Healthcare Plan for students with mild to moderate chronic health problems
•
Provide consultation and education for administration of medication and treatments
•
Identify community resources for families
Tier Three: Intensive Intervention For Severe and Chronic Health Problems
•
Individualized Healthcare Plans for Students with severe chronic health problems
•
Consultation for daily intervention health needs, i.e. diabetes monitoring, asthma, special procedures
•
Participation on the Special Education multi‐disciplinary teams as necessary to appropriately identify child related service needs
•
Screenings and referrals to outside agencies related to vision and health
School Social Worker
Tier One:
•
Participates in school wide process of identifying and developing mechanisms for universal screening to obtain data regarding behavioral/emotional and
attendance risk factors
•
Assist in analyzing universal screening data using an ecological perspective for identifying groups or individuals at risk
•
Identifying and implementing school wide interventions to address areas of concern
Tier Two:
•
Assist in the development of Tier 2 behavioral interventions
•
Stay current on and help implement proven and promising practices to address students needs individually and/or in small groups.
•
Monitor or assist in monitoring effectiveness of interventions on student outcomes.
•
Provides documentation of Social History
•
Assist with assessing how a student’s culture and background may influence development, personality, and school performance
•
Serves as liaison between schools, families, community agencies and other stakeholders
Tier Three:
•
Conducts observations to assist in intervention development
•
Works collaboratively with families, significant adults, and other community partners involved to meet identified needs of students
•
Assists with development, implementation and documentation of Functional Behavioral Assessment and Behavior Intervention Plan
•
Monitor or assist in monitoring effectiveness of interventions on student outcomes
•
Serves as liaison between school, families, community agencies, and stakeholders
•
Conducts observations to assist in intervention development
•
Helps families gain access to community resources
•
Provides documentation of Social History
•
Consults with teacher and school counselors regarding any critical response needs of student or students (Suicide, self-harm, family crisis, homeless, etc.)
School Psychologist
Tier 1
•
Collection, display and analysis of Universal Screening data (academic and behavioral/emotional)
•
PBIS or other school wide behavioral system
Tier 2
•
Collection, display and analysis of Progress Monitoring group data (academic and behavioral/emotional)
•
Provide direct intervention to groups
•
Observational data collection
•
Plan and develop effective interventions/strategies to use to address identified skills weaknesses through use of a strengths based approach (academic and
behavioral)
•
Assistance with scheduling and resource allocations for instructional support delivery
Tier 3
•
Collection, display and analysis of Progress Monitoring individual student data (academic and behavioral/emotional)
•
Provide direct intervention to individual students
•
Observational data collection
•
Functional Behavior Assessments (FBA)/Behavior Intervention Plans (BIP)
•
Crisis response
•
Evaluations of cognitive, adaptive, educational, behavioral, emotional, visual motor, executive functioning, etc.
•
Analysis and Interpretation of evaluation data with teachers and parents for use it in educational/behavioral planning
School Counselor
Tier 1
•
Develop and implement a comprehensive developmental school counseling program to all grade levels with components designed to encourage academic and
behavioral success
•
Identify specific content-related lessons/units in collaboration with classroom teachers/intervention specialist, to assist whole-class Tier 1 efforts (study skills, time
management, etc.)
Tier 2
•
Provide assistance in the delivery of individual/small-group counseling support sessions when data analysis indicates the need for intervention
•
Monitor academic/behavioral progress and provide assessment support, when needed
•
Assist in the identification of specific research-based academic and behavioral interventions to be implemented by school staff
•
Provide consultative support for parents/families to assist with understanding tiered systems of supports
Tier 3
•
Provide intensive small-group and/or individual counseling support services when data analysis indicates the need for more intensive intervention beyond Tier 2
activities
•
Monitor academic/behavioral progress and provide assessment support, when needed
•
Provide consultative support for parents/families to assist with understanding tiered systems of supports
•
Provide expertise in referral resources with the school and community to support Tier 3 activities
So How Do We Blend Academics and
Behavioral into one Framework?
DISCLAIMER
The following models are the compilation of ideas and
experiences of one person. They are not intended to
represent the views and opinions of any other parties.
Viewer discretion is advised.
SEPARATE WITH A BRIDGE
Academic system following school model for Foundational Core, Supplemental and Intensive
supports. Behavior system following school model for tiered behavioral supports. There is a
representative(s) that participates with both teams and serves as the bridge for information and
supports.
•
Specific Examples:
•
Academic - The Principal, Instructional Facilitator and School Psychologist work collaboratively
to facilitate the overall system of tiered academic supports. Foundational Core supports are
informally reviewed with grade level teams monthly at regularly scheduled PLC times
(planning period) and formally reviewed with benchmark data at BOY, MOY and EOY.
Supplemental and Intensive supports are reviewed quarterly with grade level teams using
progress monitoring data during specially allocated time (often requires more than typical PLC
time so sometimes substitutes are brought in for 2 hour or ½ day intervals). Both of these
meeting schedules match with the county guidelines for MTSS meeting structure.
•
Behavior – Once a quarter, The Student Services team (Counselor, Social, Worker, Nurse, CIS,
School Psychologist and administrative representative) or PBIS Team if applicable meets
(perhaps 1-2 hours max) and focuses specifically on school wide data such as attendance
reports, discipline reports and office referrals to identify trends and problem-solve proactive
supports (T1/T2). The Student Services team also meets weekly (perhaps 1-2 hours max) to field
and address individual student concerns (T2/T3). The grade level teachers are not present at
these meetings. Agenda from various sources such as attendance reports, behavior reports,
teacher referrals, daily work of team members, etc.
•
Bridge – Once a quarter, Student Services representative(s) meet with grade level teams
during regularly scheduled PLC times. Past or currently implemented supports are reviewed.
Additional concerns from teachers are shared. These teacher referrals are added to the
agenda of next Student Services team meeting.
INTEGRATED INTENSIVE
Academic system following school model for Foundational Core, Supplemental and Intensive
supports. Intensive level behavior supports are integrated into the Intensive level time.
Supplemental level behavior supports are managed through Student Services team.
•
Specific Examples:
•
Academic - The Principal, Instructional Facilitator and School Psychologist work
collaboratively to facilitate the tiered academic supports. Foundational Core supports are
informally reviewed with grade level teams monthly at regularly scheduled PLC times
(planning period) and formally reviewed with benchmark data at BOY, MOY and EOY.
Supplemental and Intensive supports are reviewed quarterly with grade level teams using
progress monitoring data during specially allocated time (often requires more than typical
PLC time so sometimes substitutes are brought in for 2 hour or ½ day intervals). Both of these
meeting schedules match with the county guidelines for MTSS meeting structure.
•
Supplemental Behavior - The Student Services team meets quarterly (perhaps 1-2 hours max)
to review school wide data such as attendance reports, discipline reports and office referrals
to identify trends and problem-solve proactive supports (T1/T2). The grade level teachers
are not present at these meetings.
•
Intensive Behavior – The School Psychologist and other Student Services representation (may
not be the full Student Services team) are present during the Intensive academic review
time. Intensive behavior referrals are fielded with problem-solving for supports (T3). The
Student Services team meets regularly (perhaps weekly or bi-monthly for 1-2 hours max) to
monitor Intensive level behavior supports. The grade level teachers are not present at these
meetings.
FULL INTEGRATION PER TIERED SUPPORT LEVEL
Academics and behaviors are reviewed and supports implemented by tiered
support level.
•
General Example*
•
Foundational Core – Both academic and behavior data are reviewed, trends
identified and supports planned with core team. Core team would need to have
representation from both teachers and Student Services. Often this analysis takes
place through School Improvement Team. Should be approximately monthly.
•
Supplemental – Both academic and behavior data are reviewed, trends
identified and supports planned with supplemental team. Likely that Instructional
Facilitator may lead the academic portion. Likely that school based behavior
(PBIS?) coordinator may lead the behavior portion. Should be approximately
quarterly.
•
Intensive – Both academic and behavior data are reviewed to identify specific
students in need of academic and/or behavior support. Likely that School
Psychologist may lead the academic portion. School Psychologist or other
Student Services team member may lead the behavior portion. Should be
approximately quarterly.
What if there is suspicion of a disability?
Child Find
• Child Find is the process of identifying children with
potential special education needs, and educating the
community about child development and the
importance of early intervention
• MTSS is becoming the primary framework for supporting
the needs of ALL students while also helping to identify
students who require the most intensified supports
Disabilities
Exceptional Children (IDEIA)
Section 504
•
To insure that all children with
disabilities have available to them a
free appropriate public education
•
To prohibit discrimination on the basis
of disability in any program receiving
federal funds
•
14 specific federally defined disabilities
•
Broader definition of disabilities of
physical or mental impairment
•
The disability causes an adverse affect
to the child’s education
•
The disability substantially limits a
major life activity
•
Evaluation required
•
Evaluation required
•
Requires “specially designed
instruction”
•
Requires aids and services
•
Funding provided per student
•
No funding provided
•
Compliance is monitored and formal
state complaints are investigated by
DPI
•
Enforced by the Office for Civil Rights
by complaint investigation and
monitoring activities
Specific Learning Disability
Not as Simple as it Used to Be
New SLD Definition
Transitioning In
Current SLD Definition is
Transitioning Out
•
Policy effective February 5, 2016
•
Must be fully implemented by July 1, 2020
•
Prohibits the use of discrepancy
analysis (IQ – Achievement = -15),
alternative to discrepancy and
patterns of strengths/weaknesses
model
•
Eligibility based on a student’s
responsiveness to instruction and research
based intervention within a multi-tiered
system of support as component of a
comprehensive evaluation
•
Key criteria: 1) Inadequate Academic
Achievement 2) Insufficient Rate of
Progress 3) Adverse Effect on Educational
Performance that Requires Specially
Designed Instruction
Common Types of Tests
NORM REFERENCED
CRITERION REFERENCED
•
Measure student performance
against a fixed set of
predetermined criteria or learning
standards—i.e., concise, written
descriptions of what students are
expected to know and be able to
do at a specific stage of their
education.
•
Measure student performance
compared to the performance
results of a statistically selected
group of test takers, typically of
the same age or grade level, who
have already taken the exam.
Test Score Interpretation
Simple Version
What data are we using in MTSS?
•
mclass/Reading 3D is a universal screener that measures the development
of reading skills through two main assessments: Dynamic Indicators of Basic
Early Literacy Skills (DIBELS) and the Text Reading Comprehension (TRC)
assessments. K-5
•
STAR is a universal screener that has measures of Early Literacy, Reading
and Math. They are computer-adaptive tests which adjust the difficulty of
each child's test by choosing each test question based on the child's
previous response. K-8 (can be extended through 12th grade)
•
Other academic data: Study Island, correct word sequences (writing),
Moby Max, Easy CBM, etc.
•
Attendance K-12
•
Grades, courses passed, GPA, etc. K-12
•
Discipline demerits, office referrals, etc. K-12
mclass
•
First Sound Fluency FSF: student asked to identify the beginning sound of words in a list –
measures automaticity of letter identification
•
Phoneme Segmentation Fluency PSF: student asked to break apart sounds of words in a list –
measures knowledge of sounds
•
Nonsense Word Fluency NWF: student asked to read a list of made up words – measures
decoding skills
•
Correct letter sounds cls – measures segmenting of words into sounds
•
Whole words read wwr – measures blending of sounds into words
•
Oral Reading Fluency DORF: student asked to read aloud a passage – measures many
different skills within reading
•
Correct Words Per Minute cwpm – measures overall fluency (accuracy and pace)
•
Accuracy % - measures decoding skills
•
Retell - measures memory of read text
•
Retell Quality – measures depth of understanding of read text
•
DAZE: student asked to read to self a passage and fill in missing words (from choices) within a
time frame – measures comprehension
•
Text Reading Comprehension TRC: student asked to read a short booklet then answer both
oral and written questions – measures reading comprehension and written expression
STAR Early Literacy, Reading and Math
•
Early Literacy: measure of basic literacy skills such as alphabetic principle,
phonemic awareness, phonics, sentence-level comprehension, and early
numeracy
•
STAR Reading: measure of reading comprehension skills with literature,
informational text and language
•
STAR Math: measure of math reasoning skills related to
numbers/operations, algebra, geometry/measurement, data analysis/
statistics/probability
•
Scaled Score
•
Percentile Rank
•
Grade Equivalent
•
zpd
•
Qualifiers
Conclusion