COVID-19 Distance Learning Implications for Section 504 Teams

Section 504: COVID-19 & Distance Education Implications For School Counselors, Administrators, 504 Coordinators and Mental Health Professionals Contributing to 504 Teams April 23, 2020 1

Overview: Key Points Section 504 is in full effect for ODE s Distance Learning for All. Schools must ensure 504 students have equal access to programs. Online education must ensure web accessibility for 504 students. Telemental health and tele-intervention strategies may be appropriate. Exceptional circumstances may affect some service offerings (OCR). 504 Teams may have to decide if compensatory services are needed if adjustments cannot be made to the affected service offerings. 2

Giving feedback For specific 504 and mental health questions, please: Post question in the GotoWebinar chat area. List a theme for your question (e.g. plans, teams, services, telemental health) Please be concise We will: Respond to as many questions as possible Create a FAQ area with additional responses soon 3

USDOE Office for Civil Rights (OCR) Guidance Q & A on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak. Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students. Supplemental Fact Sheet: Addressing the Risk of COVID-19 in Pre K-12 Schools While Serving Children with Disabilities. Short Webinar on Online Education and Web Accessibility. 4

Q & A: Providing Services to Students w/ Disabilities Schools providing educational services to the general student population must ensure 504 students have equal access to the same. Options: online or virtual instruction, instructional telephone calls, other curriculum-based instruction to the extent available. 5

Fact Sheet: Addressing the Risk of COVID-19 While Protecting the Civil Rights of Students Schools must respond to reports of protected class harassment and must not deny access to services based on race/color/national origin. If a student does not receive services after an extended period of time, the 504 team must determine if compensatory services are needed. 6

Fact Sheet: Addressing the Risk of COVID-19 While Protecting the Civil Rights of Students 504 Teams do not have to meet in person while schools are closed. If a 504 evaluation requires a face-to-face assessment or observation, the evaluation would need to be delayed until school reopens. Evaluations and reevaluations that do not require face-to-face assessment or observation may take place while schools are closed, so long as the student s parent or legal guardian consents. 7

Supplemental Fact Sheet: COVID-19 and Pre K-12 Students with Disabilities School systems must make local decisions taking into consideration the health, safety, and well being of all students and staff. Ensuring Section 504 compliance should not prevent any school from offering educational programs through distance instruction. 8

Supplemental Fact Sheet: COVID-19 & Pre-K-12 Students with Disabilities Although federal law requires distance education to be accessible to 504 students, it does not mandate specific methodologies. Where technology itself offers a barrier to access, or educational materials are not available in an accessible format, educators must still meet their legal obligations by providing 504 students equally effective alternative access to the curriculum or services provided to other students. 9

Supplemental Fact Sheet: COVID-19 & Pre-K-12 Students with Disabilities Consider practices such as distance instruction, telemental health and tele-intervention, meetings held on digital platforms, online options for data tracking and documentation. Additionally, consider low tech strategies that can provide an exchange of curriculum-based resources, instructional packets, projects and written assignments. 10

OCR Webinar: Online Education & Web Accessibility https://www.youtube.com/watch?v=DCMLk4cES6A 11

Considerations Bldg. 504 coordinator or District 504 coordinator s designee, consider checking in with building/district staff providing 504 services. 1. Which services are provided as written? 2. Which services are not provided unless adjusted or altered? 3. Which services cannot be provided in current distance ed. setting? Bldg. 504 coordinator and staff member(s) providing services, consider recording adjustments or alterations and communicating with parent or legal guardian. 504 Teams consider evaluating student to determine if compensatory services are needed (completed timely and effectively). 12

We want your feedback and questions We will do our best to answer 504 specific and mental health related questions. What guidance do you need to help support your students and their families? What guidance do you need to help support you in your work? 13

Thank you Winston Cornwall winston.cornwall@state.or.us Marnie Jewell marnie.jewell@.state.or.us B Grace Bullock grace.bullock@ode.state.or.us Beth Wigham beth.wigham@ode.state.or.us 14

Disclaimer The information included in this presentation provides technical assistance to Oregon public school districts and participants at large. It is a professional opinion on the matters at hand. This information does not constitute legal advice from ODE to public school districts and participants at large. Please consult your district, professional organization or personal attorneys for legal advice. 15