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FORM C Section 504 Parent Notification Of ReferralNotice Of Inquiry Instruction

a law that doesn't tell us what kind of.data we consider a law that doesn't tell.us who's at the table in making.decisions a law that doesn't tell us.what the plan should look like or even.that we need a plan how and who and.where and when and what I'm John chemic.know from the Quebec no Law Group thank.you for tuning in we're talking today.about the crucial practical question of.how do we craft consistent plans how do.we craft consistent 504 plans in.implementing a law that doesn't tell us.that we even need to have a plan the.Rehabilitation Act of 1973 in its.section 504 simply says don't.discriminate you can't exclude you can't.deny you can't treat differently on the.basis of disability it doesn't say you.have to have a plan it doesn't say we.have to assess data to look at.eligibility it says don't discriminate.we liken our delivery of service under.504 to avoid discrimination to ID a I.DEA lays out in excruciating detail what.IEP czar who makes decisions and how and.when and what the titles are of those.individuals at the table even how many.days prior to a meeting you need to send.a letter home 504 doesn't provide that.type of clarity we can look to IDE a for.guidance but we ought to be mindful that.it's up to us it's up to you it's up to.your district in making determinations.as to what's reasonable what's practical.what's relevant in developing plans.there are three key important guiding.best practice principles in 504 and IDE.a and that's addressing individual need.plugging that individual need into a.compliant process and three making sure.that students are succeeding making.progress for our 504 student that's in.the general ed for our eligible student.under IDE a that.following goals and objectives set forth.that's their own Road that's their.specially-designed instruction of their.special education but with 504 that's.second prong that prong of process how.do we figure out what that process is if.the law doesn't tell us what the process.is of crucial importance is consistency.informs consistency in people.consistency in review consistency and.ensuring implementation our applications.can guide us along that road they can.take that issue out of play we need that.kind of assistance in order to make sure.we're being compliant with 504 need.process progress remembering that 504 is.all about access so in this segment.we're going to talk about how we get to.that compliant plan we're getting talk.about best practices we can first talk.about decision making.again I DEA tells us multidisciplinary.team then eligible IEP team we know.who's there 504 that doesn't tell us we.need to have a plan isn't going to tell.us who makes decisions about that plan.but it doesn't tell us we need to have.so who does that mean who should we be.bringing to the table who and what makes.decisions in fact 504 regs say very.unhelpful II simply quote a recipient.that employs 15 or more persons shall.designate at least one to coordinate.efforts under this part that has led to.the unfortunate not best practice of a.single building administrator perhaps.you congratulations.making 504 determinations all in your.own I refer to that as Lone Ranger.decision making it's unfortunate and.it's short changes you it short changes.our educational institution in not.bringing the kind of expertise and.perspective to the table that can assist.our 504 students in truly enjoying.access in an.included general education experience to.me clearly today the best practice is to.impale a committee and I like the term.committee whether it's a 504 committee.or a 504 team again we can look to IDE a.as an example not as a requirement as I.have mentioned you and your districts.must set up consistent processes even.down to the faces at the table and.making these kinds of decisions what.should be guiding that what should be.guiding that decision making individual.need the need of the medically involved.student is different than the need of.the student who used to be eligible for.an IEP because of dyslexia but no longer.needs special education is the nurse in.the room why different for the medically.fragile student or the student with.diabetes or the student with a.concussion let's be guided and let's.have flexibility by the needs that we're.addressing mindful that our goal is.access to that general education.experience addressing the disabling.condition addressing the disability to.me we ought to impanel a dream team.who's on the dream team for 504 student.parents general ed teacher I've asked.you in a number of these segments who.knows student best who knows student.best educationally student and parent.know student best general ed teacher.know student best educationally bringing.those voices to the table is very.important in making sure that we're.bringing the right kind of data to the.table and making decisions student.parents general ed teacher nurse our.chief medical officer administrator.school counselor to me those individuals.are crucial elements of the team now.unfortunately some of you may not have.nurses in your buildings and if that's.the case look to medical support the.decision making process.if you have nurses on-call or nurses who.are available or if you have contracts.with school physicians or hospitals if.the majority of the time here we're.looking at physical or mental impairment.supported by a medical diagnosis or.reflected by a medical diagnosis we need.input on our side of the ledger look to.those individuals to provide support if.you have a nurse in your building ice I.encourage you to have that nurse at the.table when we're talking about medical.issues student parent general ed teacher.nurse administrator school counselor.from there on we can off-road.considering the nature of the difficulty.is this a student who used to be.eligible for special ed if so perhaps we.have a special educator at the table.perhaps we have a a special education.team member like a psychologist at the.table to assist us in interpreting data.to give us historical information about.what has worked and what hasn't worked.there are even times when we need to.look to a school physician if there are.questions about the integrity of medical.data being provided to us let's remember.that a referral to 504 can be made by.anyone and let's not fall in the black.hole which I discussed in another.segment looking at eligibility the black.hole that this is all about academic.performance because it is not our.criteria looks to major life activities.there are thousands if not more of major.life activities learning is but one of.those major life activities we may have.a student with straight A's who's.eligible for 504 maybe she's got a.twisted ankle maybe she's got.generalized anxiety disorder we may have.a student who's failing who's not.eligible because maybe he's simply not.applying himself we need to take that.into consideration and make sure that.we're not limiting our focus on academic.performance what type of data should we.be looking at in another segment we.talked about data collection and we.talked about being objective with data.collection and we talked about focusing.on major life activities the higher the.pile the more current the pile the more.valid the data we are relying upon and.processing the better our.decision-making will be we have some.regulatory guidance with regard to data.that we're considering but let's.remember we are not evaluating or.assessing the student with specific.instruments to consider 504 eligibility.that's IEP that's IDE a and unless we're.sitting at the 504 table after we've.evaluated an IEP student and no longer.found eligible or initial eligibility.and found not eligible we're not going.to be considering that data we're not.going to have the benefit of our own.testing if we're looking at testing data.that we've already completed if we have.it available we certainly may look at it.and we ought to look at it otherwise.we're looking at more anecdotal.information we're looking at information.that parent brings in like medical.information like independent evaluation.we're looking to the source of our most.helpful data regarding impact of.physical or mental impairment.educationally and that's our general ed.teacher what are her observations how.has she provided support in the.classroom how has she accommodated the.difficulty before what has worked what.hasn't have behaviors impacted.performance if so what were the.behaviors.how were they addressed also we may have.data through aptitude and achievement.tests we may have data from a nurse with.regard to physical condition we may look.at adaptive behavior how has the student.compensated or not before and last and.finally we may consider social and.cultural background is this a student.who's a refugee is this a student who.has never received instruction from a.female teacher before is this an.individual who's never been in a co-ed.setting before is this an individual who.is an English second language student do.we have social and cultural issues that.are impacting performance if so we.to consider that how often do we review.eligibility 504 that doesn't tell us we.have to have a plan doesn't tell us how.often we look at that plan the best.practice is that we come back to the.table every year US Department of Ed.Office for Civil Rights has told us that.we may look at eligibility every three.years similar to I DEA I don't think.that's the best practice we look at.eligibility every three years I DEA.because we have to evaluate we have to.test there's practice effect.considerations there's cost.considerations we don't have those.considerations for 504 when we're.looking at anecdotal information.considering general ed performance and.we've got our primary observer of.general ed teacher or teachers at the.table I think the best practice is to.look at eligibility look at the.comprehensiveness of that plan every.year annually provide notice and get.back to the table every year I even.think we ought to do this in the fall if.we're having IEP annual review in the.spring and we may have the same faces or.similar faces at the table safeguards.again since the law doesn't tell us we.have to have plans the laws not going to.specify safeguards we need to make sure.that we provide notice to parents we.need to make sure we advise parents of.their opportunity to review records.parents do have a right to an impartial.hearing and the law establishes other.dispute resolution mechanisms we need to.notify parents of those rights we must.make sure that we've provided written.information with regard to those rights.to our parents when our state's often.don't give us those forms many of our.states through our state educational.agencies have parental rights with.regard to special ed available we don't.have the benefit of that with 504 so you.should craft your own what about consent.if I were to ask you.consents required for special ed you'd.rattle it off you tell me when you tell.me which circumstance you tell me how.many days you'd tell me when due.processes available and when it's not.and that's because our regs are clear.our regs here are not clear again US.Department of Ed Office for Civil Rights.has opined that consent is required.under 504 the first time we're looking.at eligibility only the first time we.ought to follow that direction I think.we ought to do even better I think we.ought to ask for consent for.implementation of the first plan and.offer the opportunity to provide consent.for subsequent plans mindful that that.consent is not required not required for.subsequent plans if we afford the parent.the opportunity to participate and we.don't hear from them let's make sure if.we are securing consent that that.consent is in writing so what should the.plan look like we started talking about.a law that doesn't do this doesn't do.that but tells you not to discriminate.if we don't have to have a 30-page plan.our plan ought to be focused and.relevant if we have the benefit of.application the benefit of software that.directs us this is not even a question.we need to undertake we ought to.implement consistently that application.with regard to 504 but let's be mindful.that that 504 plan simply needs to.provide a snapshot of our decision.making progress it needs to explain what.data we considered in looking at need.what data we plugged into our process to.find eligibility how we're going to.review progress which accommodations we.are providing to enable access and who's.responsible that's all.that's what we need to be focused on.when we considering drafting plans and.implementing plans another very.important point and one that perhaps is.silly for me to even suggest.we should never over promise with 504 we.should always be mindful that our plan.matches our actual resources don't.promise a related service if we don't.have related service providers available.to implement don't promise an.accommodation that's not relevant in the.middle school setting based on the.maturity of the student simply because.it was on a prior plan let's make sure.accommodations match actual need and.actual resources and let's also make.sure that we're consistently.implementing what other considerations.are important in considering consistent.and relevant plans perhaps the most.important after we get beyond who's at.the table and why they're at the table.and when they're at the table is a.consideration of level of accommodation.504 does not require us to change the.educational experience we've discussed.that although certain courts and OCR.have talked about fate in the context of.504 the law doesn't tell us that faith.is the standard for 504 the law.prohibits us from excluding denying.benefit or treating differently it.requires access it prohibits.disability-based discrimination it.ensures the civil right we do that by.providing a plan in a consistent fashion.as we've been discussing and providing.accomodation the question then becomes.what's the level of accommodation as the.accommodation everything that's on the.doctor's note is the accommodation.that's required everything that might be.requested at the table might be demanded.at the table no your obligation our.obligation is to provide reasonable.accommodation only reasonable.accommodation mindful that we're not.expanding rights we discussed in another.segment the difference between.accommodation and modification.modifications change standard expand.rights accommodations adjust they adjust.how a student participates how a student.learns how a student.chose mastery accommodations are a lower.standard accommodations need only be.reasonable in looking at cases and.looking at direction what do we consider.may we consider cost may we consider our.ability to police our ability to.implement our resources the answer is.yes we have regulations that discuss.what might be relevant what might be.reasonable we're not expected to undergo.undue financial or administrative burden.or hardship we're not expected to make.changes and that's because we're talking.about accommodating not modifying cases.speak to reasonable accommodations as.providing meaningful access minor.readjustments not changes readjustments.which don't create undue hardship as.being meaningful and relevant and.reasonable accommodations don't have to.be optimal effective accommodation as.alternative to specific demand can be.reasonable in interesting case coming.out of the Third Circuit involving a.Pennsylvania Area School District in.2014 looked at the very relevant issue.of allergy accommodation today we see an.incredible increase in diagnosis of.allergies today are we expected to.sanitize are we expected to implement.what was in this case a requested 19.page allergy action plan to ensure no.impact of that physical impairment those.allergies the school district didn't.think so the school district took that.plan that was demanded that was proposed.shared it with a school physician and.respectfully declined instead suggested.their own plan a plan that included.training regarding anaphylaxis regarding.reviewing symptoms EpiPen epinephrine.administration made sure that that plan.was circulated nature.that plan can be implemented made sure.bottom line that that plan would enable.access the court concluded that that.plan was reasonable reasonable did not.make changes did not impose undue.financial or administrative burden so.folks in considering our practical.issues today in considering the why and.the how and the when and the who let's.remember 504 doesn't change 504 says.don't discriminate 504 says enable.access 504 says deliver reasonable.accommodation to ensure that this.precious cohort of students with.physical and mental impairments can.fully be included and receive the.benefit of general education just like.their general education peers be guided.by that principle thank you for tuning.in I'm John Kim back now be careful out.there.

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