Civil Rights and Section Civil Rights and Section 504504

Grafton Public SchoolsGrafton Public Schools

Laws and Regulations - FederalLaws and Regulations - Federal Education for All Handicapped Children Act of 1975 referred Education for All Handicapped Children Act of 1975 referred

to as Public Law 94-142: to as Public Law 94-142: Before the date of enactment of the Education for All Before the date of enactment of the Education for All

Handicapped Handicapped Children Act of 1975 (Public Law 94- 142), the Children Act of 1975 (Public Law 94- 142), the educational needs of educational needs of millions of children with disabilities were millions of children with disabilities were not being fully met not being fully met because…because…

children did not receive appropriate educational children did not receive appropriate educational services;services;

the children were excluded entirely from the public the children were excluded entirely from the public school system and from being educated with their school system and from being educated with their peers;peers;

undiagnosed disabilities prevented the children from undiagnosed disabilities prevented the children from having a successful educational experience; orhaving a successful educational experience; or

a lack of adequate resources within the public school a lack of adequate resources within the public school system forced families to find services outside the system forced families to find services outside the public school systempublic school system..

Laws and Regulations - FederalLaws and Regulations - Federal IDEA 1997 - Enhanced PL 94-142 IDEA 1997 - Enhanced PL 94-142 IDEA 2004 – Reauthorized IDEAIDEA 2004 – Reauthorized IDEA

The Individuals with Disabilities Education Act (IDEA) is a The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.toddlers, children and youth with disabilities.

Infants and toddlers with disabilities (birth-2) and their Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education C. Children and youth (ages 3-21) receive special education and related services under IDEA Part Band related services under IDEA Part B

Effective July 1, 2005 (HQ provision effective 12/04)Effective July 1, 2005 (HQ provision effective 12/04) Aligns closely with NCLBAligns closely with NCLB

Laws and RegulationsLaws and Regulations The No Child Left Behind Act of 2001 The No Child Left Behind Act of 2001

(NCLB) reauthorized the Elementary and (NCLB) reauthorized the Elementary and Secondary Education Act (ESEA) -- the Secondary Education Act (ESEA) -- the main federal law affecting education from main federal law affecting education from kindergarten through high school.  kindergarten through high school.  Proposed by President Bush shortly after Proposed by President Bush shortly after his inauguration, NCLB was signed into law his inauguration, NCLB was signed into law on January 8th, 2002.  NCLB is built on on January 8th, 2002.  NCLB is built on four principles: accountability for results, four principles: accountability for results, more choices for parents, greater local more choices for parents, greater local control and flexibility, and an emphasis on control and flexibility, and an emphasis on doing what works based on scientific doing what works based on scientific research.  research. 

Laws and Regulations - StateLaws and Regulations - State

In Massachusetts, the special In Massachusetts, the special education regulations were formerly education regulations were formerly referred to as Chapter 766 of the referred to as Chapter 766 of the Massachusetts General Laws (MGL), Massachusetts General Laws (MGL),

Now we abide my MGL 603 CMR Now we abide my MGL 603 CMR 28.0028.00

Details available at the DOE Website Details available at the DOE Website http://www.doe.mass.edu/lawsregs/fedlaws.http://www.doe.mass.edu/lawsregs/fedlaws.htmlhtml

Laws and Regulations - FederalLaws and Regulations - Federal Section 504 is a civil rights law that prohibits discrimination Section 504 is a civil rights law that prohibits discrimination

against individuals with disabilities. Section 504 ensures against individuals with disabilities. Section 504 ensures that the child with a disability has equal that the child with a disability has equal accessaccess to an to an education. The child may receive accommodations and education. The child may receive accommodations and modifications to assist with access. modifications to assist with access.

Unlike the Unlike the Individuals with Disabilities Education Act (IDEA), ,

Section 504 does not require the school to provide an Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with meet the child's unique needs and provides the child with educational benefit. Under Section 504, fewer procedural educational benefit. Under Section 504, fewer procedural safeguards are available to children with disabilities and safeguards are available to children with disabilities and their parents than under IDEA. their parents than under IDEA.

Laws and Regulations - FederalLaws and Regulations - Federal

American’s with Disabilities Act American’s with Disabilities Act (ADA) and Amendments – January (ADA) and Amendments – January 20092009 ADA Amendments applicable to Section ADA Amendments applicable to Section

504 504 Broaden the scope of who is covered Broaden the scope of who is covered

under 504under 504 Expounds on areas of Major Life Expounds on areas of Major Life

Activities that are impacted by disabilityActivities that are impacted by disability

Laws and Regulations - FederalLaws and Regulations - Federal

Section 504 of the Rehabilitation Act Section 504 of the Rehabilitation Act of 1973 of 1973 States that: States that: "No otherwise qualified "No otherwise qualified

handicapped individual in the United handicapped individual in the United States...shall, solely by reason States...shall, solely by reason of...handicap, be excluded from of...handicap, be excluded from participation in, be denied the benefits participation in, be denied the benefits of, or be subjected to discrimination of, or be subjected to discrimination under any program or activity receiving under any program or activity receiving federal financial assistance."federal financial assistance."

Section 504Section 504 Mandatory legal requirement for Mandatory legal requirement for

teachers/staff to provide accommodations to teachers/staff to provide accommodations to a student who is eligible under section 504 a student who is eligible under section 504 Federal statute.Federal statute.

Developed and monitored by school Developed and monitored by school counselors and teacherscounselors and teachers

Responsibility of the school to conduct it’s Responsibility of the school to conduct it’s own evaluationown evaluation

Need for annual meeting, and 3 year re-Need for annual meeting, and 3 year re-evaluation meetingevaluation meeting

Annual update and approval by parent.Annual update and approval by parent. District 504 Coordinator – oversees and District 504 Coordinator – oversees and

monitors program compliancemonitors program compliance

Who is protected under the law?Who is protected under the law?

A person who A person who has a physical or mental impairment has a physical or mental impairment

which substantially limits (materially which substantially limits (materially restricts) one or more major life restricts) one or more major life activities activities

has a record of such an impairment, or has a record of such an impairment, or is regarded as having such an is regarded as having such an

impairment impairment

Who is protectedWho is protected

Section 504 protects the civil rights Section 504 protects the civil rights of individuals who are qualified to of individuals who are qualified to participate and who have disabilities participate and who have disabilities such as, but not limited to, the such as, but not limited to, the following:following:

blindness or visual impairmentsblindness or visual impairments cerebral palsycerebral palsy

Who is protected….Who is protected….

chronic illnesses, such as AIDS, chronic illnesses, such as AIDS, arthritis, cancer, cardiac disease, arthritis, cancer, cardiac disease, diabetes, muscular dystrophy, diabetes, muscular dystrophy, psychiatric disorders; psychiatric disorders;

deafness or hearing impairments, deafness or hearing impairments, drug or alcohol addiction (Note: drug or alcohol addiction (Note:

Section 504 covers former users and Section 504 covers former users and those in recovery programs and not those in recovery programs and not currently using drugs or alcohol.)currently using drugs or alcohol.)

Who is protected…Who is protected…

epilepsy or seizure disordersepilepsy or seizure disorders mental retardation mental retardation orthopedic handicaps orthopedic handicaps specific learning disabilityspecific learning disability Health impairments, such as ADHDHealth impairments, such as ADHD speech disordersspeech disorders spinal cord or traumatic brain injury, spinal cord or traumatic brain injury,

etc. etc.

Impact of the law on educationImpact of the law on education

Student must have disability that Student must have disability that substantially limits one or more major life substantially limits one or more major life activities.activities.

Major Life Activities include:Major Life Activities include: Caring for one’s selfCaring for one’s self Performing manual tasksPerforming manual tasks WalkingWalking Seeing HearingSeeing Hearing SpeakingSpeaking BreathingBreathing LearningLearning WorkingWorking

Impact of the law on educationImpact of the law on education

As per the January 2009 ADA Amendments, As per the January 2009 ADA Amendments, major life activities also include:major life activities also include: StandingStanding LiftingLifting ReadingReading ConcentratingConcentrating ThinkingThinking CommunicatingCommunicating BendingBending SpeakingSpeaking Operation of a bodily functionOperation of a bodily function

Impact of the law on educationImpact of the law on education

Substantial LimitationSubstantial Limitation Unable to perform a major life activity that the Unable to perform a major life activity that the

average person in the general population can average person in the general population can performperform

Significantly restricted as to the condition, Significantly restricted as to the condition, manner, or duration under which an individual manner, or duration under which an individual can perform a major life activity as compared can perform a major life activity as compared to an average person in the general populationto an average person in the general population

One major life activity need not limit other One major life activity need not limit other major life activities in order to be considered a major life activities in order to be considered a disabilitydisability

Impact of the law on educationImpact of the law on education

The definition of disability must be The definition of disability must be construed in favor of broad coverageconstrued in favor of broad coverage

An impairment that is episodic or in An impairment that is episodic or in remission is a disability if it would remission is a disability if it would substantially limit a major life activity substantially limit a major life activity when activewhen active

Mitigating factors can not deter the Mitigating factors can not deter the consideration of accommodations (i.e. consideration of accommodations (i.e. medication, assistive technology, mobility medication, assistive technology, mobility devices, etc.)devices, etc.)

Impact of the law on educationImpact of the law on education

Schools or any entity receiving federal Schools or any entity receiving federal financial assistance must not financial assistance must not discriminate in the admission or discriminate in the admission or treatment of students/employees, treatment of students/employees, considered to have disabling conditions. considered to have disabling conditions.

Any entity receiving federal financial Any entity receiving federal financial assistance must not discriminate in any assistance must not discriminate in any situation regarding employment situation regarding employment practicespractices

Impact of the law on educationImpact of the law on education

Students considered to have a disability, or Students considered to have a disability, or their parents/guardians, may request their parents/guardians, may request modifications, accommodations, or auxiliary modifications, accommodations, or auxiliary aids which will enable the student to aids which will enable the student to participate in and benefit from all educational participate in and benefit from all educational programs and activities. programs and activities.

State Assessment Accommodations: Students State Assessment Accommodations: Students may receive accommodations on MCAS only may receive accommodations on MCAS only if those accommodations are identified in the if those accommodations are identified in the 504 plan AND the student requires them to 504 plan AND the student requires them to fully participate in the assessment (access)fully participate in the assessment (access)

Accommodations are meant to “level the Accommodations are meant to “level the playing field”, not “benefit from”. playing field”, not “benefit from”.

Impact of the law on educationImpact of the law on education

The school must evaluate and The school must evaluate and determine eligibility for 504 services determine eligibility for 504 services for students referred. for students referred.

It is the schools responsibility for It is the schools responsibility for making the determination of whether making the determination of whether a student qualifies for 504 a student qualifies for 504 accommodations.accommodations.

Parents/students may provide Parents/students may provide documentation, however are not documentation, however are not required to do so. required to do so.

Impact of the law on educationImpact of the law on education

If eligible, school personnel must implement If eligible, school personnel must implement the accommodations determined by the the accommodations determined by the team to ensure that the academic program team to ensure that the academic program is accessible to the greatest extent possible is accessible to the greatest extent possible by all students with disabilities. by all students with disabilities.

504 is implemented in the general 504 is implemented in the general education environment and therefore it is education environment and therefore it is the responsibility of all staff, including the responsibility of all staff, including regular educators, to abide by the regular educators, to abide by the recommended planrecommended plan

Discipline Under 504Discipline Under 504

Students covered under Section 504 are Students covered under Section 504 are provided with protections under Federal and provided with protections under Federal and State regulations with regard to discipline.State regulations with regard to discipline.

Develop, implement and revise Behavior Develop, implement and revise Behavior Intervention Plans, as necessaryIntervention Plans, as necessary

Consider FBA if appropriateConsider FBA if appropriate Perform Manifestation Determination for Perform Manifestation Determination for

change in placement for exclusion over 10 change in placement for exclusion over 10 days or a pattern of instances over 10 daysdays or a pattern of instances over 10 days

No need to provide (504) services during No need to provide (504) services during periods of exclusionperiods of exclusion

District ResponsibilityDistrict Responsibility What happens when 504 is not followed or What happens when 504 is not followed or

implemented?implemented? BSEA – All special education and 504 BSEA – All special education and 504

complaintscomplaints OCR – Federal level OCR – Federal level

The best defense to a complaint regarding The best defense to a complaint regarding violation of 504 is to show that the district violation of 504 is to show that the district has consistently and appropriately has consistently and appropriately followed the processfollowed the process

Most complaints filed at the BSEA and OCR Most complaints filed at the BSEA and OCR are relative to procedural errorsare relative to procedural errors

Impact on School PersonnelImpact on School Personnel Section 504 is a civil lawSection 504 is a civil law

504 is not special education; it does not provide specially 504 is not special education; it does not provide specially designed instructiondesigned instruction

The responsibility for 504 falls within general education and The responsibility for 504 falls within general education and therefore is the responsibility of all staff within the school therefore is the responsibility of all staff within the school buildingbuilding

Individuals who intentionally discriminate against the civil Individuals who intentionally discriminate against the civil rights of a student rights of a student can be held personally responsible. can be held personally responsible. Hearing officers at the BSEA have held individuals Hearing officers at the BSEA have held individuals financially liable for intentionally refusing to financially liable for intentionally refusing to implement accommodations in a 504 plan.implement accommodations in a 504 plan.

District ResponsibilityDistrict Responsibility

Case ExamplesCase Examples BSEA 08-0998 – BSEA ordered BSEA 08-0998 – BSEA ordered

restitution to parent under IDEA, 504 restitution to parent under IDEA, 504 and ADA (Mashpee Public Schools and ADA (Mashpee Public Schools ordered to pay legal fees and punitive ordered to pay legal fees and punitive damages due to discrimination)damages due to discrimination)

Grafton OCR Complaint 2007Grafton OCR Complaint 2007 Grafton OCR Complaint 2009Grafton OCR Complaint 2009

Impact on DistrictImpact on District

When a complaint is filed, the district When a complaint is filed, the district must respond within designated time must respond within designated time framesframes Complaint forwarded to SuperintendentComplaint forwarded to Superintendent Administrative review Administrative review Review files and timelinesReview files and timelines Written responseWritten response Onsite investigationOnsite investigation Report of findings from OCR/BSEAReport of findings from OCR/BSEA Corrective action Corrective action

Who coordinates services?Who coordinates services?

In Grafton, 504 for students is In Grafton, 504 for students is coordinated through each building coordinated through each building via individuals assigned by the via individuals assigned by the principalprincipal

The 504 Coordinator for the district is The 504 Coordinator for the district is determined by the Superintendent. determined by the Superintendent. In Grafton, the District 504 In Grafton, the District 504 Coordinator is Kimberly Cahill-Coordinator is Kimberly Cahill-Sabourin. Sabourin.

Questions/DiscussionQuestions/Discussion

Thank you!Thank you!