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Slide #13 - Recommendations & Practices for Compliance

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Slide #13 - Recommendations & Practices for Compliance

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Campus 504 coordinators should do the following:

Ensure staff members are trained in Section 504 rules and procedures.

Perform campus based self-audits for Section 504 compliance.

Investigate any allegations of Section 504 violations, discrimination based on disability, or disability harassment.

Ensure that parents and students are invited to participate in the creation of a student’s 504 plan and that they are aware of their rights.

Ensure that teachers and support staff are informed of a student’s impairment and necessary accommodations.

Work with the campus testing coordinator to ensure that testing accommodations are in place. Proper documentation and procedures for testing accommodations (i.e., STAAR) should also be utilized.

Educators and support staff should do the following:

Provide the accommodations outlined in a student’s written Section 504 plan.

Document any accommodations regularly provided during instruction, so that they can be added to the Section 504 plan.

Student progress should be routinely monitored to ensure that Section 504 accommodations are effective.

Reference

Texas Education Agency (2020 ). Technical Assistance: Section 504. https://tea.texas.gov/sites/default/files/504_guide.pdf

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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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In 1973, the Rehabilitation Act was enacted. Section 504 of the Act paved the way for students with disabilities to receive the necessary educational services and support systems needed to meet their individual needs. Section 504 of the Rehabilitation Act of 1973 was and still is an important step closer towards ensuring an equitable education for all students. As an educator, it will be vital for me to understand and comply with all laws and regulations. As a future administrator, I will be tasked with making sure that the staff at my school also comply to ensure the best education for our students.

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Texas Educators’ Code of Ethics (19 TAC § 247.2)

Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

Educator’s must abide by a student’s 504 plan; it’s the law. Standard 1.7 of the Texas Educators’ Code states that educators must comply with local, state and federal laws and regulations.

Click here for the original text.

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Northside Independent School District Employee Handbook

The handbook it states the following:
"All employees are expected to work together in a cooperative spirit to serve the best interests of the District and to be courteous to students, one another, and the public. Employees are expected to observe the following standards of conduct:
• Recognize and respect the rights of students, parents, other employees, and members of the community.
• Know and comply with department and District policies and procedures...

All District employees should perform their duties in accordance with state and federal law, District policies and procedures, and ethical standards. Violation of policies, regulations, or guidelines may result in disciplinary action, including termination..." (Northside Independent School District, 2021, p.28)

Northside Independent School District - Department of Human Resources (2021). 2021-2022 Employee Handbook.
https://nisd.net/employees/system/files/attachments/employeehandbook2021.22.pdf

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Texas Educators’ Code of Ethics (19 TAC § 247.2)

Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation.

Failing to follow a student’s 504 plan can be used as evidence of discrimination against a student with a disability. It's important for all educators to understand that abiding my a student's 504 is not optional; it's a required by the law.

Click here for the original text.

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Fry v. Napoleon Community Schools (2017), 15-497

Click here or here for original text.

The United States Supreme Court determined that that student or family may file a lawsuit against a district over a disability-related issue without first undergoing all of the procedures underlined in the Individuals with Disabilities Education Act (IDEA).

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Students with Dyslexia and Related Disorders (19 TAC § 74.28(h))

The Texas Administrative Code states that "parents/guardians of a student with dyslexia or a related disorder must be informed of all services and options available to the student, including general education interventions under response to intervention and multi-tiered systems of support models as required by TEC, §26.0081(d), and options under federal law, including IDEA and the Rehabilitation Act, §504" (19 TAC § 74.28(h)).

Click here for the original text.

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Enforceable Standards. (1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process.

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Section 504 of the Rehabilitation Act of 1973, as amended,

(29 U.S. Code § 794)

Click here for original text.

It was the civil rights law created in the United States that gave protections to persons with a disability.

"Prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance and in federally conducted programs" (U.S. Department of Labor).

Section 504 requires each person with a disability to receive a "free appropriate public education" (29 U.S. Code § 794)".

References
U.S. Department of Labor (n.d.). Disability. https://www.dol.gov/general/topic/discrimination/disabilitydisc#:~:text=Section%20504%20of%20the%20Rehabilitation,and%20in%20federally%20conducted%20programs.

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14th Amendment (U.S. Const. amend. XIV)

Click here for the copy of the original text.

The first section of the fourteenth amendment of the United States Constitution contains the Equal Protection Clause. The clause states that “no State shall … deny to any person within its jurisdiction the equal protection of the laws''. Our state and federal governments have many laws that protect against discrimination due to a person’s disability. The Rehabilitation Act of 1973 is one of them.

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Kassab, S. (2022, February). How Parents Can Navigate a 504 Plan. US News Education. https://www.usnews.com/education/k12/articles/how-parents-can-navigate-a-504-plan

The article focuses on making sure parents understand 504 plans and the processes to create one. It’s important that parents and guardians do the following:

Understand that the goal of a 504 plan is to remove barriers of learning. It is different from an Individualized Education Plan (IEP).

Educate themselves about their child’s needs.

Provide input when their child’s 504 plan is created. “Think about potential changes to the school environment, changes to instruction and changes to how curriculum is presented” (US News Education, 2022).

Be an advocate for their child and their child’s needs.

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A 504 plan provides equal access to education for people with disabilities, focusing on accommodations that make it more feasible for students with learning differences to thrive in a traditional classroom.

Functionally, what that means is an agreement between parents and a school that creates special conditions for a student. For example, a 504 plan may allow a student to have more time to complete a test, access an elevator if they are physically disabled or ensure a child who is diabetic can leave the classroom to check blood sugar levels or visit the school nurse.

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 students with disabilities can participate in school and extracurricular activities.

"A 504 plan is like giving my daughter a step stool to reach something on a shelf that a taller person can reach without it," says Doreen Fasen of Varsity Tutors, who has a daughter with dyslexia and created the company's small group special education offerings. "They are both able to reach the item on the shelf."

A 504 plan is different from an Individualized Education Program, or IEP, which is created under special education law and also provides equal access for people with disabilities. An IEP must ensure students are progressing educationally, so they are often more structured and specific.

A 504 plan is generally a shorter document and, experts say, generally takes less effort to obtain.

How a 504 Process Works

The goal of a 504 plan is to remove barriers to learning. The process to create one is generally a little different at every school, though they all have common elements. In most cases, it starts with parents contacting a teacher.

"Parents should write a letter stating their child's identified disability and how it impacts learning," says therapist Stacy Haynes, director of inclusion and equity at Lives in the Balance, an organization that advocates for vulnerable children. "Many schools are putting in differentiated instruction at the elementary level to help all students."

Teachers and others at the school often work with parents to identify immediate concerns before a 504 plan is put in place. Depending on circumstances, a formal evaluation of your child may also be suggested. At many schools, a 504 committee will then meet with parents to craft a 504 plan.

Thomas Kersting, a psychotherapist and former public school counselor, says the committee at his school in New Jersey included himself, an assistant principal, a school nurse and two teachers. He suggests that parents be realistic about the process.

"If a parent has a child that they think is really smart and has a couple of Cs in a class, that does not warrant giving an individual a 504," Kersting says. "Nor does just having a disability mean they will get a 504. It is not considered a disability under Section 504 if it's not having a substantial impact."

Asking for Accommodations

While a diagnosis is not needed to create a 504 plan, parents should be thinking about potential changes to the school environment, changes to instruction and changes to how curriculum is presented.

Accommodations for physical disabilities can be straightforward, but for students with ADHD, anxiety and dyslexia - some of the most common reasons experts say they see 504 requests - needs might be more nuanced.

"Parents should think about the plans in terms of 'if my child had X, they could do the work,'" says Fasen. "For example, if my child had extra time, they could complete the test or the assignment. If my child had additional reading instruction, they could catch up to their [grade] level."

Fasen also recommends thinking about things that should be excluded. For example, the plan for a child with dyslexia might note that they should not be asked to read out loud in class.

Parents as Advocates

Beth McCarter, a certified special education teacher, says that parents who educate themselves and get involved make excellent advocates.

"In a perfect world, everyone on the consultation team is well-versed in best practices and has the child's best interest at heart," she says. "Too many times I have seen a meek parent sit quietly while teachers decide what's best for the child. If a parent has educated themselves about their child's needs, then they are more likely to advocate for their child at school."

When a 504 plan is completed and signed, it should be distributed to all of the child's teachers and discussed.

"As a parent, you will want to follow up with the teachers to make sure they have seen it and understand what your child's needs are," says Shelley Kenow, a special education consultant. "A successful 504 plan is when all parties responsible for knowing the accommodations are aware and accountable to deliver them. It should include what is appropriate and needed for the child, not what is best or easiest for the school or teachers."

However, education experts also say that the process works best when parents and teachers work together, including an annual review of the plan to ensure it is still meeting the student's needs. Patience and communication are important, they say.

"It puts a lot of pressure on teachers," Kersting says. "Some teachers, half their class has IEPs and 504s."

Resources for Parents

There are many resources for parents who want to learn more about 504 plans. Here are some recommendations:

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A 504 plan provides equal access to education for people with disabilities, focusing on accommodations that make it more feasible for students with learning differences to thrive in a traditional classroom. Functionally, what that means is an agreement between parents and a school that creates special conditions for a student.

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Stanford, L. (2002, July). New Discipline Guidance Focuses on Discrimination Against Students With Discrimination Against Students With Disabilities. Education Week. https://www.edweek.org/teaching-learning/new-discipline-guidance-focuses-on-discrimination-against-students-with-disabilities/2022/07

Statistically, “students with disabilities experience disproportionately high rates of expulsion and suspension” (Education Week, 2022).

In July 2022, the U.S. Department of Education created two new guides on how Section 504 and IDEA protect students from discriminatory disciplinary actions.

One of the main guidelines states that schools must determine if a disruptive behavior is related to their disability before a suspension or expulsion is assigned. If a disruptive behavior is related to a student’s disability, further evaluation needs to take place to see if a change in behavioral support is necessary.

Note: The guides created by the Department of Education are linked in the article.

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Schools must determine if a student's behavior is related to their disability before disciplining them, according to new U.S. Department of Education guidance meant to further clarify federal protections against discrimination.

In a call with reporters Tuesday, U.S. Secretary of Education Miguel Cardona touted the new guidance as the "most comprehensive" the department has ever released on the topic.

Four new resources for school leaders include two guides on how Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act protect students from discriminatory discipline practices; a guide for stakeholders on "positive, proactive approaches to supporting the needs of children with disabilities"; and a letter from Cardona on the importance of supporting the needs of students with disabilities.

"As this guidance makes clear, the work to ensure students are safe at school is foundational to everything we do," he said. "They must be safe and supported at schools."

Separately, the Education Department is still reviewing its guidance for discipline as it relates to racial discrimination, department officials said Tuesday. They did not provide a timeline for release of that guidance.

Students with disabilities stand out statistically on discipline

Students with disabilities experience disproportionately high rates of expulsion and suspension, the most-recent data from the department's office for civil rights show. In the 2017-18 school year, students with disabilities represented 13 percent of the total student enrollment but experienced 23 percent of all expulsions with educational services and 15 percent of all expulsions without educational services.

In its Section 504 guidance, the department explains that schools are required to provide behavioral supports and services to students with disabilities. Specifically, it states that schools must determine if a student's behavior is related to their disability before expelling or suspending them for that behavior.

In cases where a student is exhibiting disruptive behavior related to their disability, the department encourages school officials to do further evaluation to see if the student needs additional behavioral supports or a change in educational setting to ensure they have access to a free and appropriate public education.

Schools are allowed to discipline students through suspension or expulsion if officials determine the behavior was not connected to the student's disability as long as the discipline is handled in the same way it would be done with students without disabilities, according to the guidance.

The guidance also clarifies that Section 504 prohibits schools from not making reasonable modifications for students with disabilities such as adapting school policies to support student needs; unnecessarily treating a student differently because of their disability; or using policies that have an "unjustified discriminatory effect" on students with disabilities, such as sending students to detention for using profanities when students with Tourette Syndrome may not be able to control their use of those words.

In a question-and-answer document on IDEA, the department clarifies that a student's IEP, or individualized education program, must include the use of "positive behavioral interventions and supports" to address disruptive behavior.

Those behavioral interventions can include "special education and related services, supplementary aids and services, and program modifications or supports for school personnel," according to the document.

"The resources can strengthen school communities so that all students have an inclusive, safe environment that embraces their whole, unique selves," Cardona said to reporters on Tuesday.

Some Democratic lawmakers praised the new guidance, saying it will lead to more-equitable school environments.

"This is an important step forward to help root out discriminatory disciplinary practices in our nation's schools, and I applaud the administration for standing up for the rights of all students-including children with disabilities-to learn in a safe and supportive environment," U.S. Sen. Patty Murray, D-Wash., said in a statement.

What the new guidance says about restraint and seclusion practices

The guidance released Tuesday also clarified that seclusion and restraint practices can constitute disability discrimination. Those practices include any time students are placed in a room alone without the ability to leave or placed in a restraint that restricts their movement as a form of discipline.

The department also said that physical restraints-when adults use their own physical force to restrain a student-could constitute discrimination. However, the use of "physical escort," in which an adult temporarily touches or holds a student's hand, wrist, arm, shoulder, or back "for the purpose of inducing a student who is acting out to walk to a safe location," is not considered a restraint, according to the guidance.

The Education Department has found that restraint and seclusion are disproportionately used on students with disabilities. In the 2017-18 school year, the most recent year of data available, about 102,000 students experienced restraint or seclusion at school, according to the office of civil rights data. While only 13 percent of students enrolled that school year had a disability, 80 percent of students who experienced physical restraint and 77 percent of students who experienced seclusion had a disability.

The latest guidance is not the first time the department has provided clarity on that issue. In 2016, as assistant secretary for civil rights in the Obama administration, the current assistant secretary, Catherine Lhamon, wrote a "Dear Colleague" letter clarifying that the use of seclusion and restraint can constitute discrimination.

What's ahead for efforts to promote racial equity as it relates to discipline

The new guidance is only part of the department's examination of the issue of discrimination in discipline.

In June 2021, the department released a request for public comment on discipline and school climate. The department received over 3,000 comments regarding discrimination of students based on race, sexual orientation, gender, and disabilities, some of which informed Tuesday's guidance.

In 2017-18, the office for civil rights reported that Black students represented 38 percent of the total students who receive one or more out-of-school suspensions but they only accounted for 15 percent of the total school enrollment.

Some civil rights organizations while applauding the guidance on students with disabilities are calling for swift action on the broader guidance.

"We look forward to working with students, families, educators, and the department to ensure the faithful implementation of the guidance and the promises made in our civil rights laws," Liz King, senior program director of education equity at The Leadership Conference on Civil and Human Rights, said in a statement. "Now, we call on the department to move swiftly to update and publish school discipline guidance under Title VI of the Civil Rights Act of 1964 to clarify all students' right to be free from racial discrimination. Every child deserves a safe, welcoming, and inclusive learning environment where they have the chance to learn, grow, and thrive."

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New Discipline Guidance Focuses on Discrimination Against Students With Disabilities

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Schools must determine if a student's behavior is related to their disability before disciplining them, according to new U.S. Department of Education guidance meant to further clarify federal protections against discrimination. In a call with reporters Tuesday, U.S. Secretary of Education Miguel Cardona touted the new guidance as the "most comprehensive" the department has ever released on the topic.

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The National Education Association released a guide that “describes the protections that Section 504 provides and outlines the process for raising a complaint of disability discrimination or retaliation in violation of Section 504” (National Association, 2019). The guide gives examples and nonexamples of disability discrimination. It also explains what is and isn’t expected under Section 504 in both work and school settings. For example, schools have the duty to prevent and/or stop any disability-based harassment.

National Education Association (2019, June). Know Your Rights: Section 504 of the Rehabilitation Act. https://www.nea.org/resource-library/know-your-rights-section-504-rehabilitation-act

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As an educator, we must foster the academic and social-emotional learning of our students while providing the support and resources each student needs.

I have chosen to write about Section 504 because I have taught many students with disabilities that have needed accommodations to remove the barriers of their learning. As a person who required Section 504 accommodations throughout my schooling, it is something that has affected me personally. For this legal guide, all educators are my intended audience. A focus will be on PreK-12 education.