SECTION 504 PLAN

Frequently Asked Questions About Section 504:

1. What criteria are used to determine Section 504 eligibility?

There are two main purposes to Section 504. The first purpose of Section 504 is protection from discrimination under federal law. Section 504 assures access to educational services and the learning process that is equal to that given students who do not have disabilities. All students who have a mental or physical impairment, have a record of an impairment, or are regarded as having an impairment, are protected from discrimination under Section 504.

The second purpose of Section 504 is the provision of a free appropriate public education (usually in the form of accommodations or modifications) to those students who

(1) though actually or regarded to have a mental or physical impairment, (2) that substantially limits, (3) one or more major life activities. The disability must be the reason that the student cannot equally access or receive benefits from the school’s programs and services. Only those students who satisfy all three of the above criteria are eligible for and are provided specific accommodations and related services under Section 504. The following details the definitions for each of the three criteria:

(1) Mental or Physical Impairment

This might include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems. Additionally, this can include any mental or psychological disorder. This criterion does not limit eligibility to specific diseases or categories of medical conditions. The law was intentionally written this way so that the range of diseases or medical conditions that might be considered for Section 504 eligibility is not limited.

(2) Substantially Limits

Section 504 does not specifically define the term “substantially limits.” The basis for evaluating this criterion is on the impact a disability has on one or more of a student’s major life activities. It is vital to understand that for a student to qualify, the impairment must impose an important and material limitation to one or more major life activities at the current time. The eligibility team will consider the nature and severity of the disability as well as how long the disability is expected to last. (Simply having a condition or disability does not automatically qualify a student for a Section 504 Service Plan. The condition must present a significant barrier to the student’s ability to access the same educational opportunities as that afforded a non-disabled student or a substantial limitation does not exist. The Team may also consider what factors have been taken to mitigate the impairment and its actual impact on the student on a day-by-day basis. The Team may consider the manner, conditions, and duration in which a student performs the task in comparison to how non-disabled students perform the same task.

(3) Major Life Activities

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, hearing, seeing, speaking, breathing, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, learning, and working. In addition the term also includes major bodily functions, such as functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

2. What is the process for reviewing Section 504 eligibility?

As mentioned above, a student is eligible for a free, appropriate public education (FAPE) under Section 504 when it is determined that he or she has a physical or mental impairment that substantially limits one or more major life activities. A properly convened Eligibility Team will include individuals knowledgeable about the needs of the student, the data being reviewed, and appropriate accommodation options. This team will include parents/guardians, and may include teachers. Other members may include Student Study Team, counselors, related service providers, other school staff and administrators, and staff from community agencies. The Section 504 Team’s role is to review the nature of the student’s impairment determining how it affects educational access and performance. If the Section 504 Team determines that the impairment does substantially limit a major life activity, then the Section 504 Team will develop a Section 504 Service Plan that outlines the necessary student accommodations. The impairment must substantially limit one or more major life activities. If any of the three criteria is missing or if there is no significant impact on the student’s access to school programs and services because of the disability, do not create a Section 504 Service Plan for the student.

A Section 504 eligibility review meeting is not necessarily as comprehensive as a special education evaluation. However, in every case, the Section 504 Team needs to investigate the specific concern that triggered the student referral. Information that might be considered in the evaluation includes, but is not limited to, grades, attendance reports, behavior plans, the Section 504 Referral Form, cumulative file information, psychological evaluations, medical information, observations, and standardized testing information. The Section 504 Team may administer and use other formal and informal measures as deemed necessary. The Section 504 Team must obtain consent from the parents/guardians before the student is evaluated. If the parent or guardian disagrees with the determination made by the professional staff of the school s/he has a right to a hearing with an impartial hearing officer, assigned by the District.

3. How often should a Section 504 Service Plan be reviewed?

The Section 504 Service Plan should be reviewed on an annual basis, at which time the parents/guardians should receive a copy of the Notice of Student and Parent Rights. Further, a re-evaluation of the student by the team should occur before any significant change in placement, including exiting the student from a Section 504 Service Plan.

4. Are there situations when it is inappropriate to offer a Section 504 Service Plan?

Yes! Eligibility for a Section 504 Service Plan is always decided by evaluating the student and determining that all three criteria are met. The student must have a mental or physical impairment. That mental or physical impairment must be substantially limiting. The impairment must substantially limit one or more major life activities. If any of the three criteria is missing or if there is no significant impact on the student’s access to school programs and services because of the disability, do not create a Section 504 Service Plan for the student. Keep in mind that while a Section 504 Service Plan might not be appropriate, other kinds of accommodation plans, such as SST may be appropriate.

Some common misuses of a Section 504 Service Plan are outlined below:

• A parent, and/or doctor, presents the school with a disability diagnosis, and a Section 504 Service Plan is written without first determining if the disability causes substantial limitation of a major life activity.

• A student is placed on a Section 504 Service Plan solely because the parent wants the student to have additional time on college qualifying examinations (e.g., ACT, SAT).

• A student fails to qualify for special education and related services and is automatically signed up for a Section 504 Service Plan.

• A student is automatically placed on a Section 504 Service Plan when the student no longer qualifies for special education services without first qualifying them based on Section 504 criteria, which are different.

• A student is placed on a Section 504 Service Plan as an alternative way to receive special education and related services because the parent refuses to “label” their child by including them in a special education program.

5. Are there any special rules regarding discipline and students with Section 504 Service Plans?

Yes. Students who have a Section 504 Service Plan have comparable protections given to special education students regarding discipline, including manifestation determination meetings. As such, a manifestation determination meeting must be held if a student with a Section 504 Service Plan will be suspended for more than ten cumulative days in a school year. Since a manifestation determination meeting will be a Section 504 Team meeting, the Section 504 Service Plan form has a specific section to address this circumstance.

Note that unlike a special education student, a Section 504 student may not require services on the eleventh day of suspension. Look at each Service Plan carefully to determine the extent of the services provided and whether the services might be required in an alternate setting. Please see the District’s special education policies regarding special education for further guidance.