New Hanover County SchoolsFall 2010

Amy Hand Debbie Stout

AgendaWelcome, Introductions, MaterialsWhy are we here?Self AssessmentHistoryADAAA 08Definitions504 Contact Responsibilities/Idea ShareSelf Assessment (answers and discussion)

Next Week: Eligibility/Interventions ,Forms, Grievance Procedures, Q and A

Why Are We Here?To review the changes in the ADA

Amendments of 2008 and how they impact NHC processes

To provide networking opportunities to staff responsible for Individual Accommodation Plans

Self Assessment (This is not a cooperative learning

activity)

504 Self AssessmentTrue/False

_____Accommodations must be designed to produce achievement equal to that of non-disabled students.

_____When requested in writing by the parents, the 504 team must conduct an evaluation.

_____When a parent refuses an IEP the student is then eligible for a 504 accommodation plan.

_____School districts are required to implement 504 plans from other districts. _____504 students have disciplinary protections. _____A medical diagnosis makes a student eligible for and Individualized

Accommodation Plan. _____Students, whose learning problems are caused solely by environmental,

cultural or economic factors, are eligible for a 504 plan. _____An impairment does not have to significantly restrict a student from

performing a major life activity to be “substantially limiting”. _____Minor and transitory impairments are typically not protected disabilities. _____Corrective mitigating measures are not regarded when considering

whether an impairment “substantially limits”. _____It is the 504 coordinators responsibility to implement accommodation

plans. _____In order to receive any testing modifications, a student must have an IEP or

an IAP.

A Little History…Passed in 1973 to encourage participation & equal access to federally funded programs by the disabled

Geared toward providing job opportunities and training to disabled adults & the failure of public schools to educate disabled students

A Little More History…Focused on non-discriminationProhibited the denial of public

education participation, or enjoyment of the benefits offered by public school programs because of a child’s disability

Provided conditioned receipt of federal funds on a district’s compliance with the law.

-29 U.S.C. §794(a)(1073)

ADA Amendments Act of 2008

Provides that the definition of “disability” shall be interpreted broadly

Revises the portion of the regulations defining the term “substantially limits”.

Expands the definition of “major life activities”

ADAAA (cont.)Provides that mitigating measures

other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a “disability”

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

Definitions

DisabilityThe ADAAA defines a “disability,” as a physical or mental impairment that substantially limits a major life activity.

Major Life ActivityThe ADAAA includes a non-

exhaustive list of major life activities, such as seeing, hearing, eating, sleeping, walking, learning and concentrating. Major life activities also include the operation of “major bodily functions,” such as the immune system, normal cell growth, and the endocrine system.

Substantially Limits

A substantial limitation is the inability to perform a major life activity when compared to an average person in the general population.

Episodic

An impairment that is “episodic” or “in remission” is a disability if it would substantially limit a major life activity when active. Examples include: epilepsy, asthma, diabetes, major depression, bipolar disorder and cancer

TransitoryAn impairment that is “transitory” is one that is

short lived or temporary. Examples include: a broken arm, short term illness (mono), laryngitis…an impairment with an actual or expected duration of 6 months or less.

A transitory impairment does not constitute a disability for purposes of Section 504 unless it’s severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time (more than 6 months).

Mitigating MeasuresNow vs. Then

mit∙i∙gate: (v) to moderate in force or intensity; alleviate. To become milder.

Positive effects of mitigating measures are NOT considered in determining whether an impairment is substantially limiting. (except regular eye glasses or contacts)

Used to be considered when determining disability (ie: medication for ADHD)

Suggested Responsibilities School Section 504 ContactProvides annual 504 overview for faculty members.Serves as the school’s initial point of contact for

Section 504 inquiries and referrals.Convenes 504 meetings ensures appropriate people

are invited and that evaluations and other information are available for review and consideration.

Works with principal to ensure that accommodations are being implemented.

Consults with the district 504 coordinator for clarification and understanding of 504 requirements.

Ensures 504 referral, evaluation , and placement procedures are followed.

Notifies the principal and the district Section 504 coordinator of unresolved parental issues.

Idea Share

How and when do you inform staff of a student’s accommodations?

Self Assessment Answers and discussion

SEE YOU NEXT WEEK!!

(Please bring your folders

back)

New Hanover County SchoolsFall 2010

Amy Hand Debbie Stout

Day 2 AGENDAWelcomeEligibilityInterventionsNotification RequirementsGrievance ProceduresCase Studies/DiscussionQuestions and AnswersThanks!

Determination of Eligibility Under Section 504

First Prong: Does the Student have a physical or mental impairment that “substantially limits” one or more major life activity?

Second Prong: Does the student have a record (history) of having a physical or mental impairment which “substantially limits” one or more major life activities?

Accommodations/ModificationsMust be case specificMust be tested and proven effective (data

collection)Routinely usedGather dataTest through intervention plan

Research basedAre there any that should not be

used/allowed?

Case Studies

Case Study 1Student with Disability in Written ExpressionHigh School11th gradeGrades are above average in 9th and 10th gradeTaking honors classes including honors EnglishParents have requested AccommodationsOutside psychological evaluation provides documentation

of LD in Written ExpressionSST has met and given accommodation of “use of computer

for written assignments” and “extended time” on written assignments

Data does not show improved performance with current accommodations

Case Study 2Student with ADHDHigh School12 gradeDiagnosed with ADHD; mother’s concern is concentrationSST meeting to review the student’s education progress was

scheduledProvided with preferential seating and extended test time

through SSTExcept for math, the student generally completed tests and

written assignments within the allotted timeAn “outside” evaluation report indicated that the student did not

“learn smoothly up to his best potential The SST reviewed the students progress and considered teacher

reports, report card, grades, private psychological report, as well as a physician’s letter concerning the student and other information

Case Study 3Student with ADHDElementary SchoolStudent is in the 3rd GradeDiagnosed with ADHD in KindergartenAcademic and Behavioral Performance was

satisfactory in first and second grade.3rd grade, parents divorce and parent is deployed to

Middle EastBehavioral issues emerge with kicking, spitting, and

non-compliant behaviorAcademic performance has fallen below expectationsAttendance is not at issue

Notification RequirementsIn compliance with Federal law, including

Section 504 of the 1973 Rehabilitation Act and the provisions of Title IX of the Education Amendments of 1972, New Hanover County Schools administers all state-operated educational programs, employment activities, and admissions without discrimination because of disability, race, religion, national, or ethnic origin, color, age, military service, or gender except where exemption is appropriate and allowed by law.

Grievance Procedures

Handouts and Discussion

QUESTIONS

Resources

Liaisons: North Region-Wanda Prevatte East Region-Anne Goins West Region-Janet Rogers South Region-Debbie Stout Selected Schools-Betsy Stanwood