504 Plans and Individualized Health Care Plans SPED

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504 Plans and Individualized Health Care Plans SPED 51520 Foundations for Understanding Inclusive Schools

504 Plans and Individualized Health Care Plans SPED 51520 Foundations for Understanding Inclusive Schools Cheryl Kelly

Section 504 � Section 504 reads: “No otherwise qualified handicapped individual in the United

Section 504 � Section 504 reads: “No otherwise qualified handicapped individual in the United States 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 (this would include public schools). ” 29 U. S. C. § 794(a).

What is Section 504? � � � Section 504 of the Rehabilitation Act of

What is Section 504? � � � Section 504 of the Rehabilitation Act of 1973 is a national civil rights law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. It covers any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services. Section 504 is enforced by the U. S. Department of Education, Office of Civil Rights (OCR).

How Does Section 504 Relate To Our Education System? � Section 504 of the

How Does Section 504 Relate To Our Education System? � Section 504 of the Americans with Disabilities Act guarantees that a child with a disability has equal access to an education and that it is comparable to an education provided to those who do not have a disability. � Modifications and accommodations under 504 usually refer to improving building accessibility, classroom accommodations and curriculum modifications.

Who Qualifies for a 504 Plan? Ø A child with a disability is one

Who Qualifies for a 504 Plan? Ø A child with a disability is one who has a physical or mental impairment that substantially limits major life activities. Major life activities include: Caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. � A child in need of special education services would need an IEP rather than a 504 plan, and would be provided services guaranteed under the Individuals with Disabilities Education Act (IDEA).

What Eligibility Looks Like http: //www. ncld. org/learningdisability-resources/videowhat-is-a-504 -plan

What Eligibility Looks Like http: //www. ncld. org/learningdisability-resources/videowhat-is-a-504 -plan

Examples of Disabilities That Fall Under 504 Instead of IDEA: � Children with a

Examples of Disabilities That Fall Under 504 Instead of IDEA: � Children with a normal ability to learn academically, but who have a mobility impairment, use a wheelchair, have a neurological disorder, or are missing a limb. � Children with a normal ability to learn academically but who have a medical condition such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies, asthma, tuberculosis, ADHD, cancer, spinal bifida and cerebral palsy. � A child who has frequent referrals for behavioral problems or is under a doctor’s care for a psychological condition such as anxiety or depression.

The 504 Plan Process � � � A child may be referred by anyone

The 504 Plan Process � � � A child may be referred by anyone including a parent, teacher, school employee, or community agency. If the child fails to qualify for special education under IDEA, they may be referred for a 504 evaluation. The evaluation should include classroom observations, performance based testing, academic assessment, teacher and parent reports, and medical and/or psychological evaluations. If the team determines that the child qualifies for accommodations or modifications, the team is responsible for writing a formal plan. A child can qualify for services under Section 504 only IF the disability is shown to substantially limit his or her educational performance.

A 504 Plan Should: � State the child's disability and the resulting problem �

A 504 Plan Should: � State the child's disability and the resulting problem � Specify how the modifications or accommodations will be provided and by whom. � Name the person who will be responsible for ensuring that all components of the plan are implemented (case manager). � Indicate the contact person at the school who will be the case manager for the plan. This is often a counselor, administrator or school psychologist. � Be distributed to all of the child’s teachers, specialists, and support staff. � Be placed in the child’s cumulative file.

504 Plans Should Also: � Plans should be revised and updated every year, but

504 Plans Should Also: � Plans should be revised and updated every year, but each district may decide when the plan will be reviewed. � The child will be placed in the regular education environment unless it is demonstrated that the student’s needs cannot be met in the regular education environment. If this is the case, the child may receive special education services or services from support staff. � The referral, assessment, evaluation and placement process should be completed within a reasonable time and should not exceed 60 days.

Examples of Modifications and Accommodations under Section 504: � � � Susan is in

Examples of Modifications and Accommodations under Section 504: � � � Susan is in a wheelchair. She will be given extra time to get to her classes without being considered tardy or receiving consequences for being late. She will be assigned a specific seating area in the class to accommodate her chair. Austin has diabetes. Twice a day, he will go to the nurses office in order to check his glucose levels. He will be allowed snacks at times other than lunch if necessary. Kyle has ADHD. He will be given preferential seating in the front of the class, given extra time on writing and homework assignments and his progress will be monitored by a weekly progress report.

Monitor the Plan � If the plan is not meeting your child’s needs, refer

Monitor the Plan � If the plan is not meeting your child’s needs, refer them back to the team or to your school’s student study team (SST) for additional modifications or a referral for a special education evaluation. � If the disability or their ADHD is severe, your child may be able to qualify for special education instead of 504 services under the category of “Other Health Impaired. ” � Parents that are dissatisfied with the plan may file a written grievance with the district’s 504 coordinator, request an impartial due process hearing, or file a compliant with the U. S. Office of Civil Rights.

Individualized Health Care Plans (IHCP) � Every child with special health care needs in

Individualized Health Care Plans (IHCP) � Every child with special health care needs in school should have an Individualized Health Care Plan (IHCP). � An IHCP helps to make sure your child receives the health services he or she needs during the school day. � There is no law that says your child has a right to an IHCP. � If your child has a specific health problem, you should ask for an IHCP.

Who Can Create a IHCP? � Parent � The child (when appropriate) � The

Who Can Create a IHCP? � Parent � The child (when appropriate) � The school nurse � Other members of the school staff � Health care providers � Staff from community support services (when needed)

How to Start � Contact your child's school nurse first. Schedule a meeting with

How to Start � Contact your child's school nurse first. Schedule a meeting with the nurse to develop the plan. � It is very helpful to involve your child's primary care provider (PCP). He or she can give the school nurse all the necessary medical information and specific doctor's orders for your child. � If your child is eligible for special education, ask your child's school nurse to work together with the Special Education Administrator to make sure that services are coordinated.

An IHCP Should Include: � The health services your child should receive at school

An IHCP Should Include: � The health services your child should receive at school � When, where and how the health services will be provided � Who will provide the health services � Information about your child's transportation needs, including any special needs when taking field trips � An Emergency Response Plan that lists possible emergencies and what to do - this plan should be discussed with all school staff and the local Emergency Medical Services (EMS) providers. � A copy of the Emergency Information Form for Children with Special Health Needs.

Who Qualifies? Individual health care plans should be developed for: � Students with severe

Who Qualifies? Individual health care plans should be developed for: � Students with severe asthma, type 1 diabetes, epilepsy and anaphylaxis � any student who is diagnosed as being at risk of an emergency � any student who requires the administration of specific health care procedures

File and Update IHCP � The IHCP should be reviewed and updated whenever a

File and Update IHCP � The IHCP should be reviewed and updated whenever a child's medical condition changes. � The IHCP should be kept in the student's school record. � If the student receives special education, ask to have the IHCP attached to his/her Individualized Education Plan (IEP). That way the people who provide health care services and the people who provide education services can coordinate care for your the student. � Source: http: //www. mass. gov/eohhs/gov/departments/dph/programs/familyhealth/directions/chap-8/the-individualized-health-care-planihcp. html