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Help school resistant for 504

Discussion in 'School and Daycare' started by maverick01, Jan 9, 2012.

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  1. maverick01

    maverick01 New Member

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    Hello,
    Posting and my son having Type1 D are all new to me in the last two weeks. My question is simple. My son is 10 and on shots to start with regulating him, in a florida school. the school is blocking us doing a 504 stating they are not sure it is neccessary for his needs because he has no negitive patterns of neccessity established. I was told by a friend in a system it is because 504 has now been linked to a grant funding and schools are trying to keep their numbers low. What grounds can I use as a reference argument to get what should be a no-brainer accomplished. They are saying an emergency medical form should work for now. But I don't think so, it is a lame looking confrence type form. Any help would be great.
    Thanks
     
  2. L101418

    L101418 Approved members

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    Hi, welcome to the site and I'm so sorry about the diagnosis. You might want to post in the Parents of Children of Type 1 section. I think some browse by section (I use the New Post link myself so I see all new post in all sections.)

    This site has 504 help at http://www.childrenwithdiabetes.com/d_0q_000.htm. And the ADA has a lot of good info and sample 504s.

    Our kids with T1D are certainly entitled to a 504. My younger daughter is in middle school and does not have a 504. She has a detailed health plan and the school is very supportive and she is well taken care of so I feel she doesn't need one.

    This year my older daughter entered high school and I did want a 504 for her mainly to ensure she got equal time for important testing if her T1D caused any missed test time. The school was not going to grant the 504 and wanted to just attach academic accomodations to her health plan. I wanted a 504 and they tried to deny her because it did not affect her learning.

    First, document everything. Request a 504 meeting in writing and they have to grant the meeting and then they will review the student to determine if they qualify for a 504. Our kids do. I will paste an email I sent to the school below because I have to run out to pick up said daughter. The key to getting the 504 granted in our case was that the school did not understand that they cannot take mitigating measure into consideration. Mitigating measures include medication - for us, insulin. If she did not have insulin she would certainly be substantially limited in a major life activity = life.

    Here is my email I sent to the school:

    daughterR is entitled to a 504 Plan because she has a physical impairment that substantially limts a major life activity, that of a major bodily function, her endocrine system. A 504 does not require learning to be affected to qualify, only a major life function.

    1. Type 1 Diabetes, as diagnosed by a physician, is a physiological disorder that affects the endocrine system.

    2. Quoting from the OCR's "Frequently Asked Questions About Section 504 and the Education of Children with Disabilities" page, http://www2.ed.gov/about/offices/list/ocr/504faq.html:

    STUDENTS PROTECTED UNDER SECTION 504
    Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

    FAQ #12
    Congress also provided a non-exhaustive list of examples of ?major bodily functions? that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

    3. Here are the sections of the The Americans with Disabilities Act Amendments Act of 2008 that apply to daughterR:
    Sec.3 Definition of Disability
    (2) Major Life Activities -
    (A) In General - "...major life activities include, but are not limited to, ...learning, reading, concentration, thinking."
    (B) Major Bodily Functions. - "...a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the....endocrine,...functions."
    (E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures
    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdf

    Here are resources for a 504 plan as it relates to diabetes:
    http://www.diabetes.org/assets/pdfs/schools/adaaa-eligibility-for-504-coordinators.pdf
    http://www.diabetes.org/assets/pdfs/schools/adaaa-faq-march2009.pdf

    Other resources:
    http://www2.ed.gov/policy/rights/guid/ocr/disability.html
    http://www.diabetes.org/living-with...-at-school/legal-protections/section-504.html
     
  3. Flutterby

    Flutterby Approved members

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    To be eligible for a 504 one or major life functions need to be affected. Type 1, at one point or another, all major function will be affect..eating, drinking, walking talking etc.

    Look up section 504 of the American disibilities Act, it explains it all there... some school will automatically say a child with t1 qualify, some make you go through the process. Start by calling the school and request a 504 for your child, put this in writing.. they have so many days to get back toyou and they MUST have a meeting, they can not simply tell you he does not qualify. If you have problems call the American Diabetes Association, they have lots of people that help out in these specific areas.
     
  4. CAGrandma

    CAGrandma Approved members

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    As others have suggested, you need to request a 504 meeting in writing (or email). The school has 48 hours to respond. Many school districts have a 504 coordinator, who may be more knowledgeable than the school principal. A child with diabetes automatically qualifies for a 504 - you do not need to 'prove' any impairment. There are tons of resources available on this site and on the American Diabetes Assoc. site so you can start gathering ideas on exactly what needs to go in the 504. A 504 deals with more than the medical needs - it includes where and when he does BG tests, where supplies are kept, absences, etc.
    Look on this website for links to the Florida Dept of Health, which has info on diabetes in schools. Florida state law actually provides pretty good requirements for the schools there, it's a shame not all schools are aware of them.
     
  5. Tamara Gamble

    Tamara Gamble Approved members

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    http://www.fldoe.org/ese/pdf/sect504.pdf This is a bunch of information about Florida and what they refer to for 504. I believe one of the legal grounds that they use for determinations is one of my cases. I will see if I can copy the case and post it here.
     
  6. Tamara Gamble

    Tamara Gamble Approved members

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    And here's the thing, what they are claiming is so ridiculous I don't even know where to start. The mitigating measure (insulin) that your child is using causes a negative effect where your child cannot take care of themselves (low or high). Please search my comments on this for 504's.
     
  7. Tamara Gamble

    Tamara Gamble Approved members

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  8. Tamara Gamble

    Tamara Gamble Approved members

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    53 IDELR 238
    109 LRP 69400
    St. Clair County (MI) Regional
    Educational Service Agency
    Office for Civil Rights, Midwestern
    Division, Cleveland (Michigan)
    15-09-1036
    June 3, 2009
    Related Index Numbers
    405.036 Eligibility for Related Services
    405.065 Procedural Safeguards
    Judge / Administrative Officer
    Catherine D. Anderle, Acting Director
    Case Summary
    Using an inaccurate training manual to guide its
    own activities as well as those of several districts it
    served brought a Michigan county educational service
    agency into conflict with Section 504. OCR noted that
    the manual included numerous erroneous statements
    of the law, including incorrect 504 eligibility
    standards. The agency served several districts and
    regularly held training sessions and provided legal
    advice to those entities. A parent of a student with
    asthma complained to OCR after a principal
    terminated her child's 504 plan on the basis that the
    child was ineligible because his asthma did not impact
    his education. By way of explanation, the principal
    showed the parent a copy of the manual he received at
    the agency's latest training session, held in 2008. The
    agency explained that it was in the process of
    updating its manuals to align with the ADA
    Amendments Act and that the materials would be
    published as soon as it finished. However, OCR noted
    that the current manuals were still being used to guide
    the agency's decisions and training. OCR observed
    that Section 504 prohibits districts from utilizing
    criteria or methods of administration that have the
    effect of defeating or substantially impairing the
    accomplishment of the objectives of a district's
    program with respect to persons with disabilities. 34
    CFR 104.4(b)(4). The training materials clearly had
    such an impact, OCR concluded, by misguiding
    districts' decisions with respect to students with
    disabilities. Several of the statements in the materials
    were outdated in light of the ADAAA, which took
    effect January 2009, including the definition of
    substantial limitation and the use of mitigating
    measures in determining eligibility. Other problems
    included a misstatement of the FAPE standard and
    inadequate procedural safeguards. The agency signed
    a resolution agreement to achieve compliance.
    Full Text
    Appearances:
    Dear Ms. Swem:
    This letter is to advise you of the disposition of
    the above-referenced complaint against your client,
    the St. Clair County Regional Educational Service
    Agency (St. Clair RESA), which the U.S. Department
    of Education (the Department), Office for Civil
    Rights (OCR), received on November 12, 2008. The
    complaint alleged that the St. Clair RESA
    discriminated against students with disabilities.
    Specifically, the complaint alleges that the St. Clair
    RESA provided training during the summer of 2008
    to the school districts it serves that included incorrect
    information about eligibility and services for students
    with disabilities under Section 504 of the
    Rehabilitation Act of 1973.
    OCR is responsible for enforcing Section 504 of
    the Rehabilitation Act of 1973, 29 U.S.C. ? 794, and
    its implementing regulation at 34 C.F.R. Part 104.
    Section 504 prohibits discrimination on the basis of
    disability in programs and activities receiving Federal
    financial assistance from the Department. OCR is also
    responsible for enforcing Title II of the Americans
    with Disabilities Act of 1990, 42 U.S.C. ? 12131 et
    seq., and its implementing regulation at 28 C.F.R.
    Part 35. Title II prohibits discrimination on the basis
    of disability by public entities. The St. Clair RESA is
    a recipient of Federal financial assistance from the
    Department and is a public education system;
    therefore, OCR has jurisdiction over this complaint.
    SpecialEdConnection? Case Report
    Copyright ? 2009 LRP Publications 1
    Based on the complaint allegation, OCR
    investigated the following issue: whether the St. Clair
    RESA, directly or through contractual or other
    arrangements, utilizes criteria or methods of
    administration that have the effect of subjecting
    qualified persons with disabilities to discrimination
    on the basis of disability in violation of Section 504's
    implementing regulation at 34 C.F.R. ? 104.4(b)(4).
    During the investigation, OCR interviewed the
    Complainant and relevant St. Clair RESA officials. In
    addition, OCR reviewed documentation submitted by
    the Complainant and the St. Clair RESA. Based on a
    careful review of this information, OCR determined
    that the St.Clair RESA is using Section 504 training
    and guidance materials with the school districts and
    public school academies that it serves that have the
    effect of defeating or impairing accomplishment of
    the entities programs or activities with respect to
    students with disabilities. However, the St. Clair
    RESA has agreed to take the actions set forth in the
    enclosed Resolution Agreement that, once
    implemented, will resolve the compliance issues
    identified. We set forth the bases for OCR's
    determination below.
    The Complainant is the parent of a student with a
    disability who attends school in a district within the
    sendee area of the St. Clair RESA. She alleged that
    her son's principal at the district terminated the
    student's Section 504 plan after attending a training
    during the summer of 2008 that was provided to
    school districts by the St. Clair RESA. She said that
    the principal gave her a copy of a three-page
    document entitled, "Introduction to Section 504 of the
    Rehabilitation Act of 1973, which she said she had
    received at the St. Clair RESA training as part of a
    training manual. The document stated that students
    with impairments such as asthma, ADHD, and
    epilepsy may qualify for Section 504 protection if
    their disability impacts their education. The
    Complainant stated that the district, based on this
    information, decided to terminate the student's
    Section 504 plan because he had an impairment,
    asthma, that was a medical condition that the district
    determined would not impact education. The
    Complainant was concerned that this training had
    been given to a number of school districts and could
    result in other students being improperly denied
    Section 504 plans. She also expressed concern that
    the St. Clair RESA's legal counsel is also the district's
    attorney.
    St. Clair RESA witnesses indicated to OCR that
    the St. Clair RESA offers the public school districts
    and the public school academies in St. Clair County a
    variety of programs and services, including in the
    areas of legal, human resources, career education,
    special education, information technology, education
    services, business, and administration. The St. Clair
    RESA serves seven school districts and six public
    school academies. It also operates a career-tech
    school for junior and seniors, the Technical Education
    Center, which houses an additional six public school
    academies. The St Clair RESA is in the process of
    creating a Virtual Learning Academy. The St. Clair
    RESA also operates the Woodland Developmental
    Center, which is a center-based school for students
    with disabilities.
    The St. Clair RESA's attorney is consulted by
    both the St. Clair RESA and the school districts and
    academies served by the St. Clair RESA when there
    are questions about the Section 504 or IDEA
    regulations or about Section 504 plans. She provides
    training for the schools on a myriad of topics,
    including Section 504. There are several other St.
    Clair RESA employees, from the St. Clair RESA
    special education department, who also give Section
    504 trainings. The St. Clair RESA sponsors
    county-wide professional development three times
    each year, and hosts monthly meetings for constituent
    school district and academy principals, special
    education directors, assistant superintendents,
    superintendents, and curriculum directors. The St.
    Clair RESA also hosts an annual administrative
    retreat. Section 504 is often a subset of training
    offered. Not only constituent districts and academies
    attend; anyone is welcome. The school districts and
    academies draft their own Section 504 policies and
    SpecialEdConnection? Case Report
    Copyright ? 2009 LRP Publications 2
    procedures separate from the St. Clair RESA.
    The St. Clair RESA held an administrators'
    retreat June 23 and 24, 2008. One of the topics was
    Section 504. Representatives from the following
    districts and schools attended: Capac Community
    Schools, East China School District, the St Glair
    RESA, Croswell-Lexington Community Schools, Port
    Huron Area School District, Memphis Community
    Schools, Baker College, Brown City Community
    Schools, Lapeer Community Schools, Yale Public
    Schools, Sanilac Intermediate School District,
    Marysville Public Schools, and Algonac Community
    Schools. At the June 2008 retreat, each attendee
    except for Baker College received a copy of a
    "Section 504 Manual" compiled by the St. Clair
    RESA. Each of the seven school districts served by
    the St. Clair RESA also received a copy of the
    manual.
    The St. Clair RESA provided OCR with a copy
    of the manual. OCR reviewed these materials and
    noted several areas in which the materials do not
    comply with the requirements of the Section 504
    implementing regulation, such as 34 C.F.R. ?? 104.3
    (definitions), 104.7 (grievance procedures), 104.33
    (free appropriate public education), and 104.35
    (evaluation and placement). We highlight a few
    examples of the portions that do not comply below.
    In many sections, instead of providing the
    standard for a free appropriate public education
    (FAPE) for students with disabilities, i.e., the
    provision of regular or special education and related
    aids and services that are designed to meet individual
    educational needs of students with disabilities as
    adequately as the needs of students without
    disabilities are met, the manual sets a lower
    "accommodations" standard. The documents do not
    ensure that parents/guardians are provided with a
    meaningful opportunity to provide input into Section
    504 decisions for their child. Several documents
    define the term ''substantially limits" too narrowly as
    meaning "unable to perform" or "significantly
    restricted.'" The manual does not specify that a
    reevaluation is required before a student's placement
    is terminated or significantly changed, and states that
    Section 504 services are only to be provided in
    regular education settings. The manual states
    limitations on the definition of disability that would
    only apply to employment, without clarifying that
    these limitations should not be applied to students.
    The manual states that mitigating factors are to be
    taken into account in determining eligibility.
    The sample Section 504 grievance procedures
    provided in the manual require the grievant to
    undergo an informal complaint process, and do not
    include a process for adequate, reliable, and impartial
    investigation of complaints, including the opportunity
    to present witnesses and other evidence. The "Parent
    Notification and Consent to Determine Eligibility for
    504 Accommodations" does not include all of the
    areas of evaluation contained in the Section 504
    regulation, and does not alert the parent that the
    student is being evaluated for disability. The "Section
    504 Individual Accommodation Plan (IAP)" form
    does not include any space to state the student's
    placement and it provides only for a list of
    "recommended accommodations" for the student, not
    agreed-upon related aids and services. The form also
    has a line for the "Date of expiration of IAP",
    suggesting that the plan will expire on the date
    entered, instead of continuing until a new plan is
    developed and/or following a reevaluation.
    St. Clair RESA indicated that it is currently in
    the process of reviewing its Section 504 materials to
    update documents to reflect changes to the law that
    took effect with the ADA Amendments Act in
    January 2009. When the revisions are completed, St.
    Clair RESA plans to publish the materials and share
    them with its local school districts and academies.
    Pursuant to the regulation implementing Section
    504, at 34 C.F.R. ? 104.4(bX4), a recipient may not,
    directly or through contractual or other arrangement,
    utilize criteria or methods of administration (i) that
    have the effect of subjecting qualified persons with
    disabilities to discrimination on the basis of disability,
    (ii) that have the purpose or effect of defeating or
    substantially impairing accomplishment of the
    SpecialEdConnection? Case Report
    Copyright ? 2009 LRP Publications 3
    objectives of the recipient's program or activity with
    respect to persons with disabilities, or (iii) that
    perpetuate the discrimination of another recipient if
    both recipients are subject to common administrative
    control or are agencies of the same State.
     
  9. Tamara Gamble

    Tamara Gamble Approved members

    Joined:
    Jul 28, 2006
    Messages:
    1,227
    The St. Clair RESA provides consultation,
    technical assistance materials, and legal advice to its
    constituent public school districts and public school
    academies, as well as to additional districts and
    schools who attend its training. During the summer of
    2008, the St. Clair RESA distributed a binder of
    Section 504 materials to its districts and attendees at
    its administrators' retreat that contains many
    statements that misstate or confuse Section 504
    requirements, such as the definition of disability, the
    FAPE requirement, procedural safeguards, and
    reevaluation requirements. Segments of the materials
    are also now outdated in light of the ADA
    Amendments Act that took effect in January 2009,
    such as the St. Clair RESA's definition of substantial
    limitation and use of mitigating measures in eligibility
    determinations. The St. Clair RESA continues to use
    these materials as guidance, including in the operation
    of its own schools. The St. Clair RESA's training and
    guidance materials, used with the schools and districts
    it serves, have the effect of defeating or impairing
    accomplishment of the entities' programs or activities
    with respect to students with disabilities. Based on the
    above, we concluded that the St. Clair RESA failed to
    comply with its responsibilities under Section 504 and
    Title II.
    To voluntarily resolve the compliance issues
    raised in this complaint the St. Clair RESA, on June
    2, 2009, agreed to implement the enclosed Resolution
    Agreement (the Agreement). The Agreement requires
    the St. Clair RESA to revise its Section 504
    documents so that they comply with the requirements
    of the Section 504 regulation and the ADA
    Amendments Act and publish the revised documents
    to all of its constituent school districts and public
    school academies and to any other school districts that
    received the Section 504 manual at its June 2008
    administrators' retreat.
    This concludes our investigation of this matter.
    OCR will monitor the implementation of the
    Agreement and, if the St. Clair RESA does not fully
    implement the terms of the Agreement, OCR will
    reopen the complaint and take appropriate action to
    ensure the St. Clair RESA's compliance with Section
    504 and Title II. Please be advised that a complainant
    may file a private lawsuit pursuant to Section 203 of
    the Americans with Disabilities Act whether or not
    OCR finds a violation of Title II.
    This letter is a letter of findings issued by OCR
    to address an individual OCR case. Letters of findings
    contain fact-specific investigative findings and
    dispositions of individual cases. Letters of findings
    are not formal statements of OCR policy and they
    should not be relied upon, cited, or construed as such.
    OCR's formal policy statements are approved by a
    duly authorized OCR official and made available to
    the public.
    Thank you for your cooperation and that of St.
    Clair RESA personnel during the investigation and
    resolution of this complaint. We look forward to
    receiving the St. Clair RESA's first monitoring report,
    which is due August 14, 2009. If you have questions
    about this letter or the resolution of this complaint,
    please contact Mr. Donald S. Yarab, Team Leader, by
    telephone at (216) 522-7634.
    Resolution Agreement
    St. Clair County Regional Educational
    Service Agency
    The St. Clair County Regional Educational
    Service Agency (St. Clair RESA) submits the
    following Resolution Agreement to the U.S.
    Department of Education, Office for Civil Rights
    (OCR), to voluntarily resolve the above-referenced
    complaint and to ensure St. Clair RESA's compliance
    with Section 504 of the Rehabilitation Act of 1973, 29
    U.S.C. ? 794, and its implementing regulation, at 34
    C.F.R. Part 104, and Title II of the Americans with
    Disabilities Act of 1990 (ADA), 42 U.S.C. ? 12131 et
    seq., and its implementing regulation, at 28 C.F.R.
    Part 35, as amended by the ADA Amendments Act of
    SpecialEdConnection? Case Report
    Copyright ? 2009 LRP Publications 4
    2008 (ADAAA). Accordingly, St. Clair RESA agrees
    to take the following actions:
    1. By August 14, 2009, St. Clair RESA will
    revise and submit to OCR for review the 504
    materials it developed, compiled, and distributed in a
    binder format to its constituents and trainees during
    the 2008-2009 school year, as well as its
    nondiscrimination policy and "Section 504 Guide to
    Parents/Guardians, Students, and Teachers" to ensure
    that they comply with the regulation implementing
    Section 504 at 34 C.F.R. ?? 104.3, 104.7(b), 104.33,
    104.35, and 104.36 and with Title II/ADAAA, as
    applicable. Specifically, St. Clair RESA will revise
    the materials as follows:
    Nondiscrimination Policy
    - Clarify that complaints alleging disability
    discrimination under Section 504 or Title II may be
    filed with OCR at any time and that, although OCR is
    not an appeal body for complaints that are initially
    filed with St. Clair RESA, such complaints may be
    filed with OCR within sixty (60) days of the
    conclusion of St. Clair RESA's investigative process,
    including any appeal, if the complainant is not
    satisfied with the determination. Under such
    circumstances, however, OCR will not do an
    independent investigation if St. Clair RESA
    investigated all allegations, applied appropriate
    standards, and secured appropriate remedies.
    Brochure: "Section 504 -- Protecting the
    Rights of Students with Handicaps"
    - Clarify that, although there are three definitions
    of disability and students are protected from disability
    discrimination such as disability harassment or
    exclusion from a program or activity if they fall under
    any of the three definitions, only students who have a
    mental or physical impairment that substantially
    limits one or more major life activities are entitled to
    a free appropriate public education (FAPE), i.e., the
    provision of regular or special education and related
    aids and services designed to meet the individual
    educational needs of the student with a disability as
    adequately as the needs of students without
    disabilities are met.
    - Clarify that a school district is obligated to
    provide FAPE to a student who has a mental or
    physical impairment that substantially limits one or
    more major life activities regardless of the nature or
    severity of the disability.
    - Remove the statement that "Section 504 does
    not require public schools to provide programs that
    are fundamentally different from existing ones."
    - Clarify that the lists of major life activities and
    impairments in the brochure are not exhaustive.
    - If the reference to temporary medical
    conditions is retained, modify the reference to clarify
    that whether a temporary impairment meets the
    definition of disability is a determination made on a
    case-by-case basis, considering factors including the
    timely manner, and duration of the impairment. Note
    that impairments of less than six months in duration
    are unlikely to be determined to be a disability.
    - Amend the statement of student and parent
    rights to make clear that students with disabilities are
    entitled to FAPE and that the reasonable
    accommodation standard, which is a lesser standard
    than FAPE, does not apply; that parents are to be
    given a meaningful opportunity to provide input into
    identification, evaluation, and placement decisions for
    their child; and that students eligible under Section
    504 but not IDEA are eligible to receive special
    education if necessary for FAPE.
    - Revise the list on page 8 of potential 504-only
    impairments to ensure that the list only includes
    impairments that could fail under the definition of
    disability under Section 504 (e.g., remove or clarify
    "temporary medical conditions," remove or clarify
    "drug/alcohol," etc.).
    504 Binder Materials
    - Modify the definition of disability as it appears
    or is referenced throughout the materials to comply
    with Section 504 and Title II/ADAAA.
    - Clarify that each qualified student with a
    disability in a recipient school district's jurisdiction
    SpecialEdConnection? Case Report
    Copyright ? 2009 LRP Publications 5
    must be provided a FAPE and that an appropriate
    education is the provision of regular or special
    education and related aids and services that are
    designed to meet individual educational needs of
    persons with disabilities as adequately as the needs of
    persons without disabilities are met;
    - Include revised grievance procedures that do
    not require the use of an informal process and that do
    provide for adequate, reliable, and impartial
    investigation of complaints, including the opportunity
    for parties to present witnesses and other evidence. If
    the reference to OCR is retained, clarify that
    complaints alleging disability discrimination under
    Section 504 or Title II may be filed with OCR at any
    time and that, although OCR is not an appeal body for
    complaints that are initially filed with a district, such
    complaints may be filed with OCR within sixty (60)
    days of the conclusion of the district's investigative
    process, including any appeal, if the complainant is
    not satisfied with the determination. Under such
    circumstances, however, OCR will not do an
    independent investigation if the recipient investigated
    all allegations, applied appropriate standards, and
    secured appropriate remedies.
    - State that a reevaluation of a student with a
    disability must be conducted before any subsequent
    significant change to the student's placement.
    - Provide for notice and other required
    procedural safeguards for parents/guardians with
    respect to actions regarding the identification,
    evaluation/reevaluation, or educational placement of
    students with disabilities.
    - Ensure that parents/guardians are given, a
    meaningful opportunity to provide input into Section
    504 [missing text] decisions regarding the
    identification, evaluation, or placement of students
    with disabilities.
    - Clarify that "substantially limits" does not
    mean "unable to perform" or "significantly restricted
    in" a major life activity.
    - Clarify that an impairment that is episodic or in
    remission is a disability if it would substantially limit
    a major life activity when active and that the
    determination of whether an impairment substantially
    limits a major life activity shall be made without
    regard to the ameliorative effects of mitigating
    measures.
    2. Within 90 days after notification from OCR
    that the documents revised pursuant to items #1 above
    are consistent with "fee requirements of Section 504
    and Title II ADAAA, St. Clair RESA will send a
    cover letter, after first submitting a draft of fee letter
    to OCR for review, and all of the revised materials to
    [missing text] of its constituent districts and public
    school academies, and to all other districts and
    schools that attended St. Clair RESA's June 2008
    [missing text] retreat .The cover letter will highlight
    the changes made to its materials, the reasons for the
    revisions, and OCR's contact information for
    technical assistance. The RESA will submit
    documentation to OCR showing implementation of
    this item, including documentation showing the
    publication of the materials and the entities to which
    the RESA published them.
    Regulations Cited
    34 CFR 104.4(b)(4)
    34 CFR 104.7(b)
    34 CFR 104.3
    34 CFR 104.33
    34 CFR 104.35
    34 CFR 104.36
    SpecialEdConnection? Case Report
    Copyright ? 2009 LRP Publications 6
     
  10. Tamara Gamble

    Tamara Gamble Approved members

    Joined:
    Jul 28, 2006
    Messages:
    1,227
    I copied and pasted. It's actual case law for our county who was found in violation of procedural, as well as, determining eligibility for a student with asthma. 504 case. Do your research, print and email copies of what the laws state and understand what that means. Tell us what you have done and what they have done in response exactly so far. I don't know what to tell you to do because I don't know where in the process you are.
     

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