Section 504 Manual

 

Under Section 504, an individual with a disability is defined as a person who:

1. has a physical or mental impairment that substantially limits a major life activity;
2. has a record of such an impairment; or
3. is regarded as having such an impairment.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on a case by case basis. 

A major life activity is a function that is important to people’s daily lives, such as breathing, walking, talking, hearing, seeing, reading, concentrating, and performing manual skills (eg., writing). Section 504 gives students the right to reasonable accommodations that give them equal access to learning and school activities. School Districts typically provide written accommodation plans that may include:

• Accommodations, or changes to the environment or delivery of information. Accommodations change how a child learns the curriculum or accesses the school building and activities.

• Assistive technology, or tools that help the child access the curriculum or show what they know.

• School-based services that remove barriers to learning, such as consultation from an occupational therapist, teacher training on how to use an FM system from an audiologist, etc.

The Section 504 definition of physical and mental impairment also includes any mental or psychological disorder.

 

A student’s eligibility for 504 is based on a two-pronged inquiry:

First Prong:  Only first category of students are eligible for a Section 504 Plan

A student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment.

Second Prong:  The student must require accommodations, special education or related aids and services designed to meet the student’s needs as adequately as the needs of non-disabled students are met.

Here, the team determines whether the student requires provision of accommodations, special education or related aids and services designed to meet the student’s needs as adequately as the needs of non-disabled students are met. When considering the second prong, the team may consider the ameliorative effects of mitigating measures.

• For example, a student with ADHD may be taking medication that manages the condition. As a result, the student does not require a 504 plan as a result of the disability. 

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The Individuals with Disabilities Education Act also governs the development and implementation of Individualized Education Plans for students with disabilities. The eligibility process for special education also has two prongs:

The student must be diagnosed with a disability
As a result of that disability, the student requires specially designed instruction and/or related services in order to make effective progress

• Students with 504 plans can make effective progress without specially designed instruction and/or direct related services. The core of a 504 plan is equal access to either instruction or the physical plant of the school.
• The 504 plan provides accommodations that provide this access, whereas an IEP also provides both access and specialized instruction.

Temporary Disabilities

A temporary 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 for an extended period of time…the issue of whether a temporary disability is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual. 

An impairment that is episodic, such as CP, or in remission, is a disability under section 504 if it limits a major life activity.
 

It is the District’s obligation to conduct evaluations for students suspected of having a disability. A teacher or other staff member, administrator, and/or parent may refer any student, who needs or is believed to need special education or related services on the basis of disability under Section 504, to the school principal for a Section 504 Team meeting to consider and review the student’s evaluation data and to make an eligibility and placement decision. 

The student's parent or guardian shall be notified of the Section 504 Team meeting prior to the meeting and invited to participate in it, and the parent or guardian shall be provided with notice of procedural safeguards under Section 504. 

Upon receipt of a referral to determine whether a Student is eligible under Section 504, the Student’s Section 504 Team shall assess whether the Student has a disability and requires special education or related services. The Section 504 Team shall consider all relevant information pertaining to the student to determine whether he/she is disabled under Section 504. Information may include reports from District evaluators, physicians, observations from parents, evaluation reports provided by the parents, information from teachers and school personnel, and the results of standardized tests. Any tests or other evaluations administered by the District shall be validated for the specific purpose for which they are used, administered by trained personnel in conformity with the assessment instructions, and shall be tailored to assess specific areas of educational need and not solely designed to provide a single general intelligence quotient. Tests and other evaluations are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure). The Section 504 Team shall make an individualized determination whether the student is disabled under Section 504. 

If so, the 504 Team shall develop a written 504 plan describing what regular or special education and related aids and services are necessary to provide a FAPE to meet the student's individual educational needs as adequately as the needs of nondisabled persons are met. The Section 504 Team shall also consider the eligible student’s access to non-academic, and extracurricular services and activities in such a manner as is necessary to afford the eligible student an equal opportunity for participation in such services and activities. The student's parent or guardian shall be notified in writing of any decisions reached by the District regarding identification, evaluation and/or placement, and be provided with notice of procedural safeguards under Section 504. 
 

Under Section 504, FAPE (Free Appropriate Public Education) refers to the provision of regular or special education or aids and services designed to meet the educational needs of individuals with disabilities to the same extent that the needs of non-disabled individuals are met. 

Key features of FAPE under Section 504 include:

• Evaluation and placement procedures that guard against misclassification or inappropriate placement of students
• Periodic reevaluation of students who have been provided special education or related services and prior to a significant change in placement.
• Provision of regular or special education and related aids and services that are designed so that the individual educational needs of students with disabilities are met as adequately as the needs of non-disabled students are met.
• Education of students with disabilities with non-disabled students—to the maximum extent that this arrangement is appropriate for the needs of students with disabilities.
• A system of procedural safeguards (that is designed to inform parents of a school district’s actions or decisions and to provide parents with a process for challenging those actions or decisions) that include notice; an opportunity for parents to review their child’s records; an impartial due process hearing (with an opportunity for participation by the student’s parents or guardians and representation by counsel); and a review procedure.
   

The OCR encourages schools to document a student’s Section 504 services in a written plan to help avoid misunderstandings or confusion about what Section 504 services the school offered the student. IDEA-eligible (special education) students with disabilities who have an IEP are not required to also have a Section 504 plan even though they are protected under Section 504. For these students, the IEP developed and implemented in accordance with the IDEA is sufficient.

The following areas must be addressed in a 504-accommodation plan to meet the FAPE requirement under Section 504:

• The nature of the student’s disability and the major life activity that it limits.
• The basis for determining the disability – the evaluation procedures must be documented in the accommodation plan.
• The educational impact of the disability – the team must describe how the disability substantially affects the student’s educational performance so proper accommodations can be implemented.
• Necessary accommodations – 504’s FAPE standard requires schools to provide services designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.
• Placement – 504 has a least restrictive environment similar to the IDEA’s requirement and students with disabilities and students without disabilities must be placed in the same setting, to the maximum extent appropriate.
• To satisfy FAPE requirements under Section 504, education services must meet individual needs and students with disabilities must be educated with nondisabled students. In addition, evaluation and placement decisions must be made in accordance with appropriate procedures. Finally, districts are required to have due process procedures for review of identification, evaluation and
• placement decisions.
   

The Section 504 Team shall consider all relevant information pertaining to the student to determine whether he/she is disabled under Section 504. Information may include reports from District evaluators, physicians, observations from parents, evaluation reports provided by the parents, information from teachers and school personnel, and the results of standardized tests. Note that independent evaluations designating a disability must be provided to the ETL, as these evaluations will usually start a referral for special education under IDEA. When considering an independent evaluation, the IEP TEAM will usually require District evaluations. In such cases, the District will seek a release from parents to speak with outside providers. This is a best practice to gather as much information as possible about the student from a variety of sources. (See Request/Release of Information form).

Should the family wish to present information from outside sources, the 504 team will consider the following:

• Statement regarding the nature of the suspected disability
• Independent evaluation reports that are current (within one year)
• Professional credentials of the evaluators must be presented
• Relevant educational, developmental and medical history
• Description of how the suspected disability substantially limits the student's ability to learn and/or access his/her school environment (for high school age students, a statement from the student is suggested)

Initial data collection must be completed prior to determining the 504 team and holding an eligibility determination meeting. The 504 case manager is responsible for initial data collection. These responsibilities include completing a family questionnaire with the child’s parents/guardians (Appendix A), downloading academic, attendance and disciplinary history from PowerSchool and sending the student need survey to the student’s teacher(s). 

The Section 504 Team shall also consider the eligible student’s access to non-academic, and extracurricular services and activities in such a manner as is necessary to afford the eligible student an equal opportunity for participation in such services and activities. 
 

The School Counselor will be responsible for implementing the referral, eligibility  and plan development and monitoring  process. The counselor will determine a Team for each student based upon the nature of the suspected disability and the presenting questions regarding the student’s needs.

A 504 Eligibility Team consists of people who:

• Have knowledge about the student
• Have knowledge about the evaluation data and information
• Have knowledge about accommodations that may be discussed
   

The 504 Eligibility Team will schedule a meeting to determine eligibility for a Section 504 Accommodation Plan. The Team will consider all provided assessment reports and information from a variety of sources. The 2-pronged eligibility criteria will guide the process to determine a student has a disability under Section 504.

Questions that the Team will consider at the meeting will include:

• What is the nature and severity of the impairment?
• What is the suspected duration of the impairment?
• How has the student responded to any prior interventions?
• Does the student consistently need extended time to complete assignments?
• Does the student consistently need significant changes made to the curriculum and/or physical school environment?
• Has the student shown a consistent pattern of negative behaviors?

A 504 Plan is not designed to fundamentally alter the program, standards, or what students are expected to know and be able to do.  A 504 Plan is meant to give all students equal access to their program; it is not designed to equalize outcomes or provide an advantage. Having a disability does not mean a student is automatically 504 eligible. The school district must consider all the data and identify the substantial limitation that has an impact at school. Finally,  a physician cannot make the student automatically eligible. Physicians make diagnoses, but the 504 Team  determines eligibility.

Should the 504 Eligibility Team determine a student is eligible for a Section 504
Accommodation Plan, the Team will develop the plan collaboratively.  Accommodations included in the Section 504 Plan will:

• Be individualized and specific.
• Be considered as necessary.
• Be determined by the Team.
• Not be developed to provide advantage.
• Not fundamentally alter the program, standards, or what students are supposed to know and be able to do.

The 504 Plan should identify the person(s) responsible for implementing the accommodations identified. The completed 504 Plan will be implemented immediately upon receipt of parent/guardian signature. All teachers and other school personnel with a “need to know” status will be informed of the accommodations included in the Plan.