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Slide 1: Professional Perspective/ Audience/ Topic 

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Slide 1: Professional Perspective/ Audience/ Topic 

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(T. Tutt, personal communication, September 26, 2022)

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Section 504 and the field of education .docx

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American School Counselor Association. (2022). The school counselor and students with disabilities. The School Counselor and Students with Disabilities - American School Counselor Association (ASCA). Retrieved September 26, 2022, from https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Students-with-Disabilities

This resource is especially helpful because it describes the ASCA's position on serving students under Section 504. The school counselor's role is to provide direct and indirect services to students with disabilities through the implementation of a school counseling program (Goodman-Scott, et al., 2019). Thus, school counselors advocate for students who may need these services to be academically successful.

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The School Counselor and Students with Disabilities

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The school counselor takes an active role in student achievement and postsecondary planning by providing a school counseling program for all students. As a part of this program, school counselors advocate for students with special needs, encourage family involvement in their child's education and collaborate with other educational professionals to promote academic achievement, social/emotional wellness and college/career readiness for all.

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Arundel, K. (2022, July 6). Disability advocates seek stronger section 504 regulations. K12dive.com. Retrieved September 26, 2022, from https://www.k12dive.com/

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- School administrators are seeking better clarification about the difference between IDEA’s service protections for special education and Section 504’s accessibility protections.
- Administrators believe a more detailed separation of the two will improve understanding and implementation by educators and families.
-The Office for Civil Rights in the United States Education Department requested a formal update to Section 504 regulations. Those updates are expected to be implemented in 2024.

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Disability advocates seek stronger Section 504 regulations

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While advocates for disability rights say Section 504 and IDEA need more alignment, two administrative groups want clearer separations.

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U.S. News and World Report L.P. . (2021, December 14). 504 plan versus IEP: A guide for parents - US news & world report. USNews.com. Retrieved September 27

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- The article attempts to clarify some of the differences between Section 504 plans and Individualized Education Plans.
-Both are sources of accommodations for students with disabilities, but they are slightly different.
-These differences should be considered case-by-case basis when making decisions for a student's education.

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If you're confused about whether your child needs a 504 plan or an IEP, you're not alone. The world of accommodations and support for learning differences can be confusing.

But federal law provides a great deal for public school students who need help, and two important pieces of that system - and terms parents are likely to hear - are a 504 plan and an Individualized Education Program, or IEP. Both are programs that allow students with learning difficulties to receive help, if they qualify.

A 504 plan provides equal access to education for people with disabilities, and it focuses on accommodations like the ability to leave the classroom or additional time to take a test. It falls under anti-discrimination laws and is usually much less involved than an IEP.

The Individualized Education Program was created by special education law, and it also provides equal access for people with disabilities. Its goal is to ensure students are progressingeducationally and is therefore more structured and specific than a 504 and requires documentation of measurable growth.

"It's not something a parent can choose," says Morgan Brittingham, an elementary school learning support specialist. "Students go through a process of qualifying for services. But it's good for a parent to know the difference and which supports their student might need."

504 Plan Versus IEP

Education experts say that the first step is always determining what a child needs.

"It's best for parents to figure out what their kids' strengths and challenges are, what they need and how to get it," says Rich Weinfeld, executive director of Weinfeld Education Group, which helps families navigate special education. "Getting it could be through a 504 plan, it could be through an IEP, or it could be neither. They are different vehicles, and each one is appropriate in certain situations."

Weinfeld, who has authored several books on education for children with learning differences, uses several questions to help parents navigate the system and request help for their children.

Does my child have a disability that is impacting their education in any way, including academically (reading, writing, math) or functionally (executive skills, social skills, coping skills)?

Does my child only need accommodations that provide them with equitable access to instruction, such as preferential seating or extended time on tests? If yes, request a 504 plan in writing.

Does my child also need to be taught strategies and skills to make progress in school? If yes, request an IEP in writing.

In a public school, written requests begin the process of evaluation and start the clock on decisions that require a timely response from educators.

The Utility of a 504 Plan

Named after Section 504 of the Rehabilitation Act of 1973, 504 plans are designed to eliminate discrimination in programs that receive federal funds, such as public school districts.

Education experts say 504s "level the playing field" so that disabled students can participate in school and extracurricular activities. A 504 plan, for example, may require classroom and testing accommodations, such as large-print copies of a test or a printed copy of spoken directions. A 504 plan is also generally a short document, while an IEP is often much longer.

Stephanie Taylor, clinical director of psychoeducational services at PresenceLearning, which provides services related to special education, offers an example to explain how a 504 plan and an IEP may be used to help students who have different needs.

"Let's say you have two students, both with ADHD and a reading disability," she says. "Does the diagnosis negatively impact their education? Student A is in the fifth grade but reading at a second-grade reading level. ... Because they are not at grade level, they would need specially-designed instruction in reading to get caught up. That's a clear case for an IEP."

The other student in this example, who has a similar diagnosis, may present a different scenario when it comes to support. "This student is reading at grade level, but their behaviors are negatively impacting their ability to stay in the classroom," Taylor says. "Maybe they are disruptive, or they get easily frustrated then shut down. ... Student B doesn't need to go to the special education teacher because they are at grade level in their reading. For that student, it would most likely be a good move to put them on a 504."

Weinfeld says a 504 plan is often used to help children with attention deficit hyperactivity disorder.

"A typical 504 plan for a kid with ADHD is going to include what the general-education teacher can do," he says. "Seat them in the front row; frequent reminders or signals to pay attention; extended time to complete an assignment because they may get distracted and not remember to do all the parts. ... These are all accommodations. We're not teaching that kid any new skills. We're just 'leveling the playing field.'"

The IEP Process

The IEP process is based on eligibility requirements established by the Individuals with Disabilities Education Act, commonly known as IDEA. To be eligible, a child must fit under at least one of 13 disability categories listed in the act. A disability must significantly and adversely affect a child's ability to demonstrate academic achievement.

The law protects the rights of students with disabilities to receive a public school education, specifically a "free and appropriate education" in the least restrictive environment. If a child can make academic progress in a general education setting with support, educators will generally favor that path. Each state also has its own guidelines.

The purpose of an IEP depends on a student's needs. The process starts with a meeting with school officials to determine whether a child is eligible. If they qualify, parents and educators develop a detailed written description of a child's educational program.

Experts in special education diagnosis will typically test a child's IQ as well as motor skills, language and behavior. When the school has a diagnosis and more information, they can begin to put supports into place. As the document is being created, parents and teachers will discuss the child's strengths, health and current performance. Goals will be established, as will any need for assistive technology or accommodations, including supports for teachers and assessments to track everything.

Whatever the path to support, experts say that parents can be strong advocates for their children and work with educators to find the right solution.

"Parents can think, 'What is the goal here?'" Taylor says. "Parents can become educated on what the potential outcomes are, and what the different routes are to get to where they want to go. If a school doesn't ask them that, I think they should ask the school. That's a good thing."

Resources for Parents

For parents who want to learn more about the support that is available for children with learning differences, here are some resources:

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504 Plan Versus IEP: A Guide for Parents

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If you're confused about whether your child needs a 504 plan or an IEP, you're not alone. The world of accommodations and support for learning differences can be confusing. But federal law provides a great deal for public school students who need help, and two important pieces of that system - and terms parents are likely to hear - are a 504 plan and an Individualized Education Program, or IEP.

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United States. Department of Health, Education, and Welfare. Office for Civil Rights, (1978). Section 504 of the Rehabilitation act of 1973: fact sheet handicapped persons rights under Federal law. Washington : Dept. of Health, Education, and Welfare, Office of the Secretary, Office for Civil Rights.

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As amended through P.L. 114-95, enacted December 10, 2015

The Rehabilitation Act replaces the Vocational Rehabilitation Act:

to extend and revise the authorization of grants to states for vocational rehabilitation services, with special emphasis on services to individuals with the most severe disabilities,

to expand special federal responsibilities and research and training programs with respect to individuals with disabilities,

to create linkage between state vocational rehabilitation programs and workforce investment activities carried out under title I of the Workforce Investment Act of 1998,

to establish special responsibilities for the Secretary of Education for coordination of all activities with respect to individuals with disabilities within and across programs administered by the federal government,

and for other purposes

The Rehabilitation Act of 1973 as amended by title IV of the Workforce Innovation and Opportunity Act (WIOA) (PDF 791KB) establishes programs and initiatives administered by the Rehabilitation Services Administration ( RSA).

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rehabilitation; legislation; policy; the rehabilitation act of 1973; workforce investment act

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The Office of Special Education and Rehabilitative Service's (OSERS) Rehabilitation Services Administration (RSA) legislation page.

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Betancourt-Colon v. City of San Juan, CASE NO. 19-1837 (GAG), (D.P.R. Sep. 1, 2020)

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Betancourt-Colon v City of San Juan _ CRT _ Department of Justice

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Tex. Educ. Code §29.001 regarding Special Education Programs

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EDUCATION CODE CHAPTER 29. EDUCATIONAL PROGRAMS

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U.S. Const. amend. XIV.

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Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court's interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

Equal Protection Clause

The Equal Protection Clause of the 14th Amendment provides that a state may not "deny to any person within its jurisdiction the equal protection of the laws." It applies to public elementary and secondary schools, as they are considered to be state actors. In 1954, the Supreme Court interpreted the Equal Protection Clause's requirements in Brown v. Board of Education. In perhaps one of the most famous and important cases issued by the Court, it stated:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs...are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.

That language, and the Court's decision, had a dramatic impact on public education. Schools were required to end the discriminatory practice of segregating students based on race. While segregation was more prevalent in some states than in others, all public schools in all states that had segregated students needed to desegregate, or face claims that they were in violation of the 14th Amendment. What followed was roughly 50 years of desegregation efforts in public schools, and numerous court decisions regarding the constitutionality of those desegregation efforts.

Over time, the focus evolved from ending and remedying the vestiges of discriminatory practices to integration efforts that sought to promote the diversity of the student population in public schools. In some instances, these integration efforts were voluntary, meaning they were done by schools that had not segregated students in the past. These integration efforts continue to this day, and the predominant legal issues revolve around the extent to which race can be used as a factor in the assignment of students to certain schools in order to diversify the student body.

The language, and the logic, of the Brown v. Board decision also found its way into other types of Equal Protection claims. For example, in the mid-1970s, students with disabilities challenged their exclusion from public school on equal protection grounds. Two very influential lower court decisions, PARC v Commonwealth of Pennsylvania, and Mills v. Board of Education of the District of Columbia, relied on Brown v. Board and determined that students with disabilities could not be excluded from public school because of their disabilities.

Those court decisions led to a federal statute that imposed similar requirements on all public schools that accepted certain federal funds. That law turned into the Individuals with Disabilities Education Act (IDEA), which today applies to all public schools. The law requires public schools to provide all students with disabilities with a Free and Appropriate Public Education (FAPE). It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days, when the student's actions are caused by their disability.

Due Process Clause

Due process is another area of the 14th Amendment that has had a dramatic impact on individual rights in public education. The Due Process Clause says that states may not "deprive any person of life, liberty, or property, without due process of law." The Supreme Court has interpreted this clause to have substantive and procedural protections. With substantive due process, the 14th Amendment protects a parent's right to direct the educational upbringing of their child. Because of this right, the Supreme Court ruled that a state statute that prohibited the teaching of foreign language, and a state statute that required all students to attend public schools, as opposed to private schools, violated the 14th Amendment. See Meyer v. Nebraska and Pierce v. Society of Sisters. The Court also ruled that a state statute that required Amish children to attend school past the eighth grade violated the substantive due process rights, and the religious freedom rights, of Amish parents to direct the educational and religious upbringing of their children. See Wisconsin v. Yoder.

As a result of these substantive due process protections, all states currently have exceptions in their state compulsory attendance statutes that require students of certain ages to attend school. The exceptions allow for attendance at private schools, religious schools, and homeschool to meet the compulsory attendance requirements.

The procedural due process protections of the 14th Amendment have also played an important role in public education, particularly in the areas of student discipline and teacher employment. With student discipline, the Supreme Court has ruled that students have a "legitimate entitlement to a public education as a property right." See Goss v. Lopez. That right may not be taken away without first providing due process protections, which are generally notice of what the student is accused of doing, and the opportunity to be heard before the student is disciplined.

The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. With minor disciplinary actions, an informal discussion with the principal may be sufficient to meet the requirements. For more severe discipline, such as expulsion, a more detailed hearing is generally required to give the student a chance to present evidence, and to cross-examine witnesses. As a result of these constitutional due process protections, all states have enacted statutes and regulations that provide due process protections for students during the discipline process.

A similar due process right applies to tenured teachers at public elementary and secondary schools. Once a teacher receives tenured status, they have a property interest in their continued employment, and must be provided with notice and a hearing before it may be taken away from them. See Perry v. Sindermann.

Incorporation

The third area where the 14th Amendment has impacted public schools is in the application of other constitutional rights to the states through the 14th Amendment, via a concept known as incorporation. Perhaps the biggest impact here has been the First Amendment's right to free speech, although other protections like freedom of religion have also made their mark on public education.

In the area of free speech, the Supreme Court has said that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." See Tinker v. Des Moines. While courts do give some deference to school administrators in making decisions about whether to prohibit certain student speech, the First Amendment requires schools to justify their decisions when they infringe on free speech rights. The level of justification required depends on the nature of the speech, and the nature of the restriction.

For example, in Tinker v. Des Moines, students were protesting the Vietnam War by wearing armbands, and the school disciplined the students for doing so. The Supreme Court ruled that the discipline violated the First Amendment, because the school could not show that the speech could reasonably be expected to cause a substantial disruption with school activities or the rights of others. By contrast, in Morse v. Frederick, the Supreme Court deferred to a school administrator's judgment that a sign that said "Bong Hits 4 Jesus" promoted drug use, and upheld the discipline of the students that displayed the sign at a school event.

These are just a few examples of the many ways that the 14th Amendment impacts individual rights in public education. Many of these issues arise on a daily basis in public schools, and the 14th Amendment provides some constitutional protections of individual rights that schools must take into account when addressing them.

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The 14th Amendment Protects the Right to a Public Education

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Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court's interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

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Slide 10: Local Administrative Law/ Policy/ Rule 

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Slide 10: Local Administrative Law/ Policy/ Rule 

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Clyde Consolidated Independent School District. (2020, July 7). Board Policy Manual. Retrieved from https://pol.tasb.org/PolicyOnline/PolicyDetails?key=250&code=FB

This document outlines the roles that various stakeholders have when discussing a child's need for 504 services. This document also discusses the steps that are involved when evaluating and re-evaluating a student for Section 504 accommodations.

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Policy Code FB - Equal Educational Opportunity - Clyde CISD Board Policy Manual - Policy Online

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American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2022.pdf

A.1.j Advocate for equitable, anti-oppressive, and anti-bias policies and procedures, systems, and practices, and provide effective, evidence-based, and culturally sustaining interventions to address student needs.

The American School Counseling Association Ethical Standards for School Counselors outlines how school counselors can ensure equitable educational outcomes through the school counseling program. A.1.j is listed because school counselors are in a unique position to advocate for students' needs both academically and emotionally. Section 504 accommodations may be a way students' academic needs are met.

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ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

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Slide 12 Personal Connection to Legal and Ethical Standards - Google Docs

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Slide 12: Personal Connection to the Legal and Ethical Standards

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Slide 12: Personal Connection to the Legal and Ethical Standards

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Slide 12 Personal Connection to LEgal and Ethical Standards - Google Docs

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Slide 13: Bulleted List of Recommendations/ Best Practices for Compliance 

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Slide 13: Bulleted List of Recommendations/ Best Practices for Compliance 

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This is a bulleted list of recommended resources and best practices when dealing with Section 504.

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Bulleted List of Recommendations_ Best Practices for Compliance 