Frequently Asked Questions:
NEW - DIABETES AWARENESS
Q: What are schools' responsibilities to children with Diabetes under Section 504?
A: The US Department of Education has issued the following guidance to schools concerning interventions for Diabetes among school aged children. Parents and schools are urged to read this information thoroughly and address Diabetes accordingly:
Diabetes is one of the most common chronic diseases in school-aged children, affecting about 206,000 young people in 2002. The most common form of diabetes in youths is type 1 diabetes, formerly called juvenile diabetes. About one in every 400 to 500 children and adolescents has type 1 diabetes. Along with the epidemic of overweight and obese children, more and more children and teens are now being diagnosed with type 2 diabetes, formerly called adult onset diabetes—even though the disease is usually diagnosed in adults over age 40.
Diabetes must be managed 24 hours a day, 7 days a week. For most students with diabetes, that means careful monitoring of blood glucose levels throughout the school day and administering multiple doses of insulin therapy or using a continuous insulin pump. Too much insulin can lead to dangerous low-blood-sugar reactions, while chronic increased blood sugar puts youths with diabetes at risk of long-term complications. Since monitoring and therapy occur during the school day, the school health team—including school administrators, school nurses, principals, teachers, office personnel, and other staff members—plays a critical role in helping students manage their diabetes.
The U.S. Department of Health and Human Services' National Diabetes Education Program (NDEP), jointly sponsored by the National Institutes of Health and the Centers for Disease Control and Prevention, has established a Diabetes in Schools Initiative. The purpose of the initiative is to educate school personnel about the benefits of optimal diabetes management and to help ensure a supportive environment and equal access to educational opportunities for students with diabetes. Working with experts in diabetes, pediatric medicine, school nursing, and education, the NDEP has produced Helping the Student with Diabetes Succeed: A Guide for School Personnel to address the needs of all students with diabetes. The U.S. Department of Education participated in this effort by developing parts of the guide and providing an overview of the federal civil rights and privacy laws that address schools' responsibilities in educating students with disabilities.
With this new guide, school administrators and health services personnel now have a comprehensive resource that:
Lays out a team approach to diabetes management in the school setting;
Provides a basic primer and glossary about diabetes;
Reviews components for planning and implementing effective diabetes management;
Contains sample action plans that alert school personnel to common signs and symptoms of high and low blood glucose levels and how to handle emergencies; and
Reviews the federal laws pertaining to schools' responsibilities to educate students with disabilities.
The guide may be reproduced and distributed without copyright restrictions. Additional copies may be downloaded from the NDEP Web site at http://www.ndep.nih.gov/resources/school.htm or they may be ordered by calling 1-800-438-5383. Feel free to promote the availability of this important resource to your colleagues and staff and to create a link to the school guide on your Web site. Please put this guide to work in schools throughout your state so we all can help every student with diabetes succeed.
Q: What specific physical problems are covered under Section 504?
A: The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulation, at 34 C.F.R. 104.3(j)(2)(i), defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulation does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list. There are other conditions that may also qualify under section 504. If a child has a condition that is not listed above, it is important for parents and schools to consider that he or she may still qualify if the condition affects a major life function. (See next question).
Q: Does a child who does well academically but also has a physical condition still qualify under Section 504?
A: Possibly so. If a child has difficulty with major life activities but is doing well academically, he or she may still qualify. Major life activities, as defined in the Section 504 regulation 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. Consequently, if a child with Diabetes requires medical interventions and/or monitoring at school to attend school safely, he or she would qualify.
Q: Where can I learn more about Section 504?
A: The Chicago Office of the Office for Civil Rights developed this overview in response to numerous requests from educators, parents and advocates in Wisconsin to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, in the area of elementary and secondary education.
http://www.ed.gov/about/offices/list/ocr/504faq.html#introduction
Q: Where can I find the Section 504 regulations?
A: http://www.access.gpo.gov/nara/cfr/waisidx_99/34cfr104_99.html
Q: What is a 504 program?
A: Section 504 plans are not "educational programs" that exist apart from the regular education program. Rather, they are written accommodation plans developed by a team of educators, parents, and others as needed who are familiar with the student and the educational programs at the school. Section 504 plans describe how the regular education program and/or facilities will be modified to meet students needs. The plans include reasonable adaptations and modifications students need to ensure they have equal access to programs and facilities.
Some examples of the common types of modifications include (but are not limited to) the use of orally administered tests, extended time for tests or assignments, and breaking large assignments into smaller parts. Section 504 adaptations and modifications are intended to reduce learning barriers that are related to students' disabilities. Section 504 plans are not, however, intended to give any student an unreasonable advantage in the learning situation. It is, instead, to "level the playing field."
Q: Where can I find technical assistance guidance on Section 504 and disabilities?
A: http://www.ed.gov/about/offices/list/ocr/disabilityresources.html
Q. What does "reasonable accommodation" mean?
A: Terms such as reasonable accommodation, equal access, and FAPE are likely to be used by educators during meetings concerning 504 students. Here is a listing of common Section 504 terms.
http://www.ed.gov/about/offices/list/ocr/504faq.html#terms
Q: What is the difference between Section 504 and special education?
A: In general, to receive special education, students must meet specific criteria established in federal and state regulations and must also need specially designed instruction to learn. Section 504, by contrast, covers a much broader range of disabilities. Some Section 504 students may require specially designed instruction, and some may not. For more information, see this link:
http://www.ed.gov/about/offices/list/ocr/504faq.html#interrelationship
Q: What is the difference between adaptations and accommodations and specially designed instruction?
A: Specially Designed Instruction (SDI) is typically developed and delivered by a special education teacher. SDI can be provided in a regular classroom or in a resource room with groups or individual students as required. SDI involves the use of research-based educational and therapeutic techniques that are specifically developed based on the students unique and individual learning needs. The following is a typical* example of SDI:
A teacher uses a one-on-one time-delay technique to teach sight word vocabulary from the regular classroom lesson to a student with Autism.
Adaptations and Modifications, by contrast, are typically less invasive. They involve making adjustments to regular classroom instruction, materials, and/ or school facilities. The following is an example of a typical* 504 adaptation:
The regular education teacher allows a student with ADHD, to sit in the front row of the classroom. To ensure the student correctly records his assignment in his notebook, he checks with a designated classmate at the end of each class period.
*Adaptations and Modifications and Specially Designed Instruction will vary depending on students' needs.
Q: Who is protected under Section 504?
A: Regarding public schools, students must demonstrate disabling condition that substantially limits a major life function and negatively affects their ability to benefit from or access education. For more specific information, click the link below:
http://www.ed.gov/about/offices/list/ocr/504faq.html#protected
Q: My child's doctor diagnosed my child with Attention Deficit Hyperactivity Disorder (ADHD) and wrote a prescription for a Section 504 plan to be written. Is this all that is needed to qualify my child for a 504 plan?
A: A statement from your child's physician is one important piece of several types of information needed to determine eligibility. Students with ADHD must be referred to the school's Section 504 coordinator. The 504 coordinator will follow the school district's policies and procedures to arrange for a team meeting to discuss the referral for evaluation. If the team suspects that the student may have a qualifying disability, an evaluation is arranged. This evaluation may include statements from doctors, pre-existing evaluation data, classroom records, student work, behavioral information, educational and psychological assessments, and any other assessment information the committee needs.
Once the evaluation process is complete, the team will meet to discuss eligibility. For a student to qualify for Section 504 services, the evaluation data must show that the disability causes a substantial limitation on a major life function. This limitation must also be educationally relevant. For more information on your district's policies and procedures in this decision-making process, contact the district Section 504 coordinator. Your school principal or district's central office can refer you to the appropriate person to assist you.
Q: Must my child with ADHD be on medication to qualify?
A: No. Whether or not you medicate your child for treatment of ADHD is a personal decision between you and the child's physician. Medical information will be used in the evaluation process to help design an appropriate program for your child. However, you are not required to medicate your child for him or her to qualify for a Section 504 plan.
Q: My child is already on medication for ADHD, but the school wants to evaluate him? Is that really necessary?
A: Yes, assessment is required to determine eligibility for Section 504 accommodations.
Q: Where can I get help in working with the school if there is a problem with my child's 504 plan?
A: It is recommended that you first try to resolve the problem at the school and district level. Often, such disagreements can be resolved in meetings with the child's teacher or the building principal. If further assistance is needed, the district's Section 504 Coordinator may be involved.
If a resolution cannot be reached, the Kentucky Department of Education offers the services of specially trained, impartial mediators to facilitate conflict resolution. This resource is available to districts at district expense For more information on mediation, contact the Division of Exceptional Children at 502-564-4970.
For issues that cannot be resolved through other means, parents may request assistance or a formal Section 504 Hearing by contacting their district Superintendent. The US Department of Education Office of Civil Rights can also provide information: (215) 656-8541.
Q: Where can I find information on how to file a Section 504 complaint?
A: Section 504 complaints are investigated by the Office of Civil Rights. To learn more about the complaint process, click the link below.
http://www.ed.gov/about/offices/list/ocr/complaintintro.html
Q: My child has special health care needs. Where can I find more information about what services schools can provide to him?
A: The Kentucky Department of Education publishes a Health Services Reference Guide that answers many common questions pertaining to student health needs in schools. Read the manual at the link below:
KDE Health Services Reference Guide
For more information or questions concerning school health issues, contact Karen Irwin at: (502) 564-5625.