by Lisa Cosseboom, M.Ed.& C.A.G.S - School Psychologist & Special Education Evaluation Team Chairperson
Published: Lifelines for Health Spring 2018
Child Find
Child Find is part of the 504 law in which a school district is responsible for evaluating students who have a suspected disability to determine if they need related services and accommodations under a 504 plan. This extends to students in private schools and who are homeschooled. The district is responsible for evaluating and offering appropriate services and accommodations in the public school setting if a private school student is identified as having a disability. Parents whose children don’t attend public schools may not understand what kind of help and services are available.
Section 504 of the Rehabilitation Act of 1973
Section 504 was initially enacted as one part of the American’s with Disabilities Act. It PROTECTS students with a disability and requires public institutions who receive federal funding. A plan is developed to facilitate EQUAL access to a disabled student as a non-disabled student.
Section 504 was enacted to protect qualified individuals from discrimination based solely on their disability. Whether a particular student is protected under Section 504 requires a determination that the student is an
“individual with a disability” and that the student is “qualified” under Section 504. A student is “disabled” under the Section 504 regulations if the student meets any one of the three criteria listed in 34 CFR §104.3(j)(1). An individual is considered disabled under Section 504 if the individual:
has a physical or mental impairment which substantially limits one or more major life activities (SEE table 1 for “Major Life Activities”),
has a record of such an impairment, or
is regarded as having such an impairment.
“Substantially limits” is measured against their same age, non-disabled peers in the general population without the benefit of medication or other mitigating measures such as accommodations.
Table 1 (Major Life Activites)
“Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (2008), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. 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, bleeding disorders, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”
Children that have bleeding disorders have the right to a “free and appropriate public education (FAPE)” regardless of the type of disability or the severity. A 504 plan lasts for one school year and MUST be reviewed/ updated annually. A 504 plan protects your child and ensures that the school and school staff are implementing all accommodations your child requires!
What should be in a 504 plan?
The plan should outline what accommodations a student needs
to access academics (instructional supports), the physical building space, transportation, testing (standardized and regular classroom), behavior etc. This is to ensure that students with
a disability have equal access to all education as their non-disabled peers. For students with bleeding disorders, it is imperative that part of the 504 plan addresses self-management of health conditions in the school setting or school-sponsored events (field trips, dances, field day etc.). Additionally,
if self-management is unattainable, the 504 plan should address how the student will have access to health management and by whom. It is also important that the plan address how the plan will be monitored and who the school contact person is.
Many districts across the United States find it easier to say to a family that their child with bleeding disorders
should not participate in physical education or recess. This is a civil rights violation! Your child has
access to all the activities that their non-disabled peers have access to. It is recommended that a 504 plan
specifically addresses physical activity as one part of the plan. For example, a student with a bleeding disorder might consider joining a swim team but not a football team, or can play golf but not soccer. It’s imperative that the 504 plan be a specific as possible!
The 504 Plan would define the signs and symptoms of your child’s bleeding disorder (i.e. external bleeding, swelling, tingling etc.). Additionally, it should address an emergency care plan for the school about what should happen and who is responsible in the case of a bleed. There should be a coordinated plan between home and school regarding specificity around what to do with a bleed. There should be listed contact numbers for Hemophilia Treatment Center’s (if used) and/or pediatrician, hematologist and parents along with any other pertinent members of the Team. It should discuss any accommodations necessary for the student to access the building (wheel chair accessible, elevators etc.) and who is responsible for keeping teachers and staff (including substitutes) up-to-date on the students’ 504 plan and/or health care plan. Often times, a 504 and health care plan overlap. Some districts insert the health care plan into their 504 document and vis a versa.
Mitigating Circumstances
The Americans with Disabilities Amendment Act of 2008 updated eligibility based on positive mitigating circumstances. They ruled that the determination of a disability must focus on whether or not the student would be substantially limited in performing a major life activity REGARDLESS of what the mitigating circumstances are. Mitigating circumstances are things like medication (i.e. Factor), medical equipment/devices, mobility devices etc. For comparison, refer to table 1 on pg. 30. The law also notes that it can take into consideration the negative mitigating circumstances which is considering the side-effect or burdens of the mitigating circumstances and whether there remains a need for the accommodation.
Post-Secondary 504 Information
ADA rights carry into the college setting. However,
it is the responsibility of the student to self-identify and request appropriate services to staff. It stays as confidential information and can not be used against the student. Generally, there is a Disability Services office on all college campuses. One thing to keep in mind, is that unlike 504 plans in public schools, there is not a written plan. The college student needs to advocate for himself/herself and provide documentation that can help the disability services center provide the accommodations needed. Although it is not a written plan per se, students have the rights to the accommodations needed!
