April 20, 2022- Ask an Attorney Section 504

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Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

If a student has a disability under Section 504, but the team finds that the student’s needs can be met using supports that are available to general education students, like MTSS and UDL, what should the team put on the 504 plan? 

Students come to school with a wide variety of learning needs, some related to a disability and some not. As general education has evolved to include more robust supports for students with diverse needs, including Multi-Tiered Systems of Supports, Universal Design for Learning, differentiated instruction, individualized learning, and social-emotional learning, the lines between general education and special education and between best teaching practices and accommodations can be quite blurry. 

Potentially adding to the confusion is that students can be eligible under Section 504 even if they do not need any specialized instruction or educational accommodations. To qualify as a student with a disability under Section 504 requires a mental or physical impairment that substantially limits a major life activity. But the major life activity does not have to be learning or writing or concentrating. Students whose disabilities do not require educational support are still protected from discrimination and harassment by Section 504 and should be identified. 

So what goes on the 504 plan? Section 504 requires the district to provide the student with a free appropriate public education, which the regulations define as regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met. 

For a student with a medical diagnosis that is entirely managed by medication administered at home, the plan might just be to participate in the general education program. For another student whose disability impacts learning, MTSS intervention might be needed and therefore stated on the 504 plan. And for another student whose disability impacts attention, accommodations like repeated instructions and checks for understanding could be included. The Department of Education has advised that although certain services and supports are provided to general education students or are considered best practices, they should be included in the student’s plan if they are needed to address a disability-related need and to provide the student equal access to the educational program. 

Working out which aids, services, and accommodations need to be specified in a student’s 504 plan is not always clear-cut. But many disputes can be avoided with clear communication so that teachers and service providers can implement the plan with fidelity and parents know what to expect. Regular check-ins can also help ensure that the supports are effective and the student’s needs are being met. When disputes over what to include in the 504 plan do arise, the general rule is to include the supports necessary to address the student’s disability-related needs – even if the support is also part of the general education program.

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April 13, 2022

Would like to learn more about SEAPAC?

Join SEAPAC as a committee member!

SEAPAC is currently seeking individuals to fill vacancies of Representative, Treasurer and Chair of the committee.  Whether you are familiar with or new to IAASE, this is a great opportunity to become a bit more involved, gain more IAASE insight and even affect legislation and policy!

The role of a representative entails attendance at regular meetings that align with IAASE Board meetings (in-person/virtual) as well as voting on expenditures that support Illinois legislators.  This role requires a minimum time commitment.

The role of the Treasurer oversees and manages the committee membership drives, funds and reporting to the State Election Commission.    This role requires a moderate time commitment.

The role of the Chair schedules and sets the agenda, takes minutes, and follows up on identified tasks.  This role requires a minimum/moderate time commitment.

All members are expected to assist with the raffle event.

If you are interested in being considered as a candidate for any of these roles, please contact Lea Anne Frost at lfrost@d64.org by April 27.  

Thank you!

April 5, 2022 Blog- Secretary of Education- COVID 19 Recommendations from the CDC

 Secretary of Education Issues Letter to Educators and Parents Regarding New COVID-19 Recommendations from CDC

Franczek P.C.: Dana Fattore Crumley 

On March 24, 2022, Secretary of Education Miguel Cardona issued a Letter to educators and parents of IDEA and Section 504 eligible students regarding the revised COVID-19 recommendations from the CDC, emphasizing additional precautions that may be needed to ensure equal access to in-person instruction in the least restrictive environment (LRE).

While the focus of the past few months has been the mask litigation and its impact on mask requirements in schools, the Secretary’s Letter reminds educators and parents that precautions may still be required in order for public school districts to meet their obligations to provide in-person, inclusive instruction to students with disabilities who are at increased risk of severe illness from COVID-19.

Here is a summary of the recommendations and requirements special educators should be mindful of as they continue to program for medically fragile students:

• Use IEP and Section 504 teams to determine services required to support in-person learning. Both IDEA and 504 require districts to include medical personnel when making determinations about placements that meet the LRE requirement and address student health needs. This means school health service staff, school nurses, and if appropriate, the student’s health care provider. Teams are also encouraged to create “COVID-19” health plans as part of a student’s IEP or 504 Plan, similar to a food allergy plan.

• Continued use of layered prevention strategies in school settings. The Letter encourages districts to continue the use of layered prevention strategies to preserve in-person instruction. This means masking when COVID-19 transmission rates are high, and exclusion from school for presumed and positive cases.  Notably, even when cases are not high, the Letter reminds educators that to meet their Federal non-discrimination obligations under Section 504, schools must make reasonable accommodations when necessary to provide equal access to in-person instruction for medically fragile students, absent a showing that such modifications constitute a fundamental alteration or undue burden to the educational program. This means that even with no mask requirement currently in place, schools may require masking of students in certain settings as a reasonable accommodation for a student with a disability.

• Don’t forget about the LRE. While teams may be inclined to place medically fragile students in a segregated setting to reduce the risk of exposure, they should be mindful of IDEA and 504 requirements that students with disabilities must be educated alongside their peers unless the educational goals for that student cannot be met in that setting.  To meet the LRE when a student’s health needs prohibit exposure to large groups, schools should consider smaller cohorts, which include non-disabled peers.

Finally, teams should consider the emotional needs of students who require additional accommodations related to COVID-19 exposure and avoid identifying such students as the cause of continuing COVID-19 mitigation strategies to minimize stigma and bullying. 

With mask litigation continuing in Illinois despite no mask requirement in place, this may be challenging. You can read the Secretary’s entire letter here.