Section 504

Section 504

Erin W. LoweChristine A. Ward

E. Lowe and C. Ward

The Rehabilitation Act 1973

• Intended to provide opportunity for work for disabled Americans

• Discreetly mentions that public schools have the duty to provide a free and appropriate education (FAPE) to all students

• Focus is non-discrimination

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Laws and Regulations

• Individuals with Disabilities Education Act (IDEA) formerly known as Public Law 94-142

• Americans with Disabilities Act (ADA)

• Before IDEA, §504 was the regulating authority for educating disabled students

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When is the district required to make a 504 referral?

A student should be referred to 504 when:• The District believes that the student has a

physical or mental impairment that substantially limits one or more major life activities

• AND the student is in need of either regular education with supplementary services or special education and related services

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Eligibility

• To be eligible, students must be “qualified,” and “disabled”

• “Disabled” person is any person who:– Has a physical or mental impairment that

substantially limits life activities– Has a record of the impairment– Is regarded as having such an impairment

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Disability and Academics

• By definition, a student who is successful in regular education does not have a disability that substantially limits their life activities.

• A student who can pass his classes without modifications is receiving educational benefit and is not in need of a 504 plan.

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Implications for the School

• District has a duty to conduct an annual “search” for students who qualify for a section 504 plan

• District has a duty to contact students and their parents and notify them of potential 504 eligibility

I have to do

WHAT!?

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504 Process• Referral • 504 Team

– 504 does not dictate the titles or people who must be members of the Committee. The committee should be a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.

• Evaluation• Individual Accommodation Plan (IAP)• Placement• Monitoring

ACCOMODATIONS

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Implications for Agency Counselors

• Mental Health Counselors:– Have the right to be members of the §504 team– Can educate parents of the process– Can encourage parents to advocate for §504

accommodations for their children– Can provide excellent input for

accommodations that will benefit the student

TRUE OR FALSE

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Parents have a right to be members of the Section 504 Committee.

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FALSE

• Determined by a 1999 OCR decision from Oklahoma

• Communication and cooperation can occur without parent attendance at 504 meetings

• Whether to invite parents or not is a decision to be made by the district

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Students with qualifying IDEA disabilities can simultaneously qualify for §504 accommodations.

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FALSE

• IDEA Students technically qualify under section 504 but IDEA allows the student to be served in a broader capacity.

• As long a s a child is eligible under the IDE A, a §504 Committee does not meet on the child.

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It is possible for a student to be 504 in one district and not eligible in another.

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TRUE

• A natural result of the OCR position that no standard definition of "substantially limits" will be provided by the U.S. Department of Education.

• Eligibility will vary among districts. • Each district is responsible for determining

what the phrase means.

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The 504 Committee can order accommodations to the ACT/SAT.

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False

• The testing services will review the modifications a student is receiving under 504 or IDEA, and then will make their own independent determination of whether modifications to college entrance exams will be allowed.

• The longer the student has received the modifications, the more likely they will be considered favorably.

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Students who take medication automatically qualify for a 504 plan.

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FALSE

• Some students may have a disability that, with medication administered at school, requires no additional accommodations.

• If administering medication is required as a related service because of the age of the student or severity of the disability (so that the burden is on the school to ensure timely receipt of the medication), a 504 referral may be necessary.

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ADD/ADHD qualifies as a disability under §504.

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TRUE

• If a child has been diagnosed with ADD/ADHD and the disability presents a major life impairment for the student, the student is eligible for a 504 plan.

• Some ADD/ADHD children might be better served under IDEA with an OHI designation.

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References

Beech, M. (2003). Accommodations: Assisting Students with Disabilities, A Guide for Educators.Tallahassee, FL: Clearinghouse

Information Center.

Council of Educators for Students with Disabilities, Inc. (n.d.) Section 504, IDEA, & NCLB conferences and resources for Educators. Retrieved June 5, 2005, from www.504idea.org