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20 Cards in this Set

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impairment
any disability, long-term illness, or various disorder that "substantially" reduces or lessens a student's ability to access learning in the educational setting because of a learning-, behavior- or health-related condition
a physical or mental impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities"
True or false?
Physical and mental impairments, environmental, cultural and economic disadvantage are covered.
FALSE: only physical and mental impairments are included, thus "environmental, cultural and economic disadvantage are not in themselves covered
Major life activities include, but are not limited to:
self-care, manual tasks, walking, seeing, speaking, sitting, thinking, learning, breathing, concentrating, interacting with others and working.
As of January 1, 2009 with the reauthorization of the Americans with Disabilities Amendment Act, this list has been expanded to also include the life activities of reading, concentrating, standing, lifting, bending, etc
TRUE OR FALSE?
Conditions that are episodic or in remission are also now covered if they create a substantial limitation in one or more major life activity while they are active.
True.
TRUE OR FALSE?
Students who are currently using illegal drugs or alcohol are covered or eligible under Section 504.
False
T or F?
Substantially limits is not defined in the federal regulations.
True. OCR states, "this is a determination to be made by each local school district and depends on the nature and severity of the person's disabling condition."
True or False?
In considering substantial limitations, students must be measured against their same age, non-disabled peers in the general population and but with the benefit of medication or other mitigating measures such as learned behavioral or adaptive neurological modifications, assistive technology or accommodations.
False. Must be tested without benefit of medication or other mitigating measures such as learned behavioral or adaptive neurological modifications, assistive technology or accommodations.
Who can refer a child for evaluation?
Anyone.
However, OCR states "the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability."
True or false? A school district does must refer or evaluate a child under Section 504 upon parental demand.
False. A school district does not have to refer or evaluate a child under Section 504 solely upon parental demand.
The key to a referral is...
whether the school district staff suspects the child is suffering from a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services.
If a parent requests a referral for evaluation, and the school district refuses...
...the school district must provide the parent with notice of their procedural rights under Section 504.
According to the federal regulations, who decides whether a student is qualified and eligible for services under Section 504?
by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements, and comparable facilities"
True or false?
Federal regulations for Section 504 do not require or even mention that parents are to be a part of the decision-making committee.
True.
The decision to include parents in the decision-making committee is ...
a determination that is made by each school district and should be spelled out in the district's procedures for implementing Section 504.
True or false: Parents should at least be asked and encouraged to contribute any information that they may have (e.g., doctor's reports, outside testing reports, etc.).
True.
True or false?
Formalized testing is required.
False.
Schools must consider a variety of sources. The 504 Committee should look at grades over the past several years, teacher's reports, information from parents or other agencies, state assessment scores or other school administered tests, observations, discipline reports, attendance records, health records and adaptive behavior information.
True or false? A single source of information (such as a doctor's report) can be the only information into considered in a 504 evaluation.
False
Can a child be placed under Section 504 without parent knowledge?
No. Parents must always be given notice before their child is evaluated and/or placed under Section 504.
Parents must also be given a copy of their child's Section 504 accommodation plan if the committee determines that the child is eligible under Section 504.
What types of accommodations will a child receive if determined eligible under Section 504?
Each child's needs are determined individually.
Determination of what is appropriate for each child is based on...
the nature of the disabling condition and what that child needs in order to have an equal opportunity to compete when compared to the non-disabled.
There is no guarantee of A's or B's or even that the student will not fail. Students are still expected to produce.