504/ADA

Section 504 of the Rehabilitation Act of 1973

“No otherwise qualified handicapped individual in the United States...shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

A student can be referred for a 504 evaluation by a parent or school personnel. All parent requests and school referrals for 504 support are facilitated by the 504 Coordinator at each Cincinnati Public School. A completed referral form is returned to the 504 Coordinator and the needed assessments are identified by the team. It should be noted the grades should not be the sole factor in suspecting eligibility. The referral includes information about the area of concern and identifies the suspected physical or mental impairment that may substantially limit one or more major life activities such as bending, bodily functions, breathing, caring for oneself, communicating, concentrating, eating, hearing, learning, lifting, performing manual tasks, reading, seeing, sleeping, speaking, standing, thinking, walking, working or something not already named.

The amount of information required is determined by the 504 team gathered to evaluate the student. The team should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The team members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized.

As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using (such as medication).

An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504. This decision is made by the 504 team after consideration of submitted information and any assessments that may have been completed during the evaluation.

In order to qualify for a 504 plan, a student must meet the following criteria:

1. Have a physical or mental impairment.

2. The physical or mental impairment must limit one or more major life activities.

3. The impact of the physical or mental impairment must be substantial.

If the decision is that the student qualifies for a 504 plan (accommodations), those accommodations are identified by the 504 team and entered into the Section 504 Services, Accommodation Plan. They include the following categories: how information is presented to the student,(e.g. human reader, visual cues); how a student responds to the task, (e.g. scribe, word processor); how the student is timed or scheduled, (e.g. extended time on tests, frequent breaks); how the student’s environment is arranged, (e.g. adaptive furniture, individual work space); or, how the student will be transported, (e.g. specialized transportation, bus card).

If the decision is that the student does not meet the criteria for placement, the 504 Team can make recommendations to the student and parents for available accommodations that do not require identification. Parents are given additional contact information if they wish to further discuss the decision and any available alternatives.

Complaints for Section 504 are handled by the federal Office of Civil Rights.

Section 504 and Individuals with Disabilities Education Act (IDEA)

• Students who qualify for IDEA* qualify for a 504 Plan

• BUT, not all students who qualify for a 504 Plan qualify for IDEA*

• 504 has a broader definition of disability.

• Students with temporary disabilities may be protected under Section 504, but will not trigger IDEA protection.

*Students who qualify for IDEA have been formally identified as a student with a disability through federal and state guidelines.

What about transitioning from 504 to IDEA or from IDEA to 504?

• 504 is an independent process from IDEA

• 504 eligibility cannot be used to delay IDEA eligibility/services.

• Withdrawal of consent for IDEA eligibility/services is equivalent to withdrawal of consent for Section 504.

Students in Nonpublic Schools

Students attending nonpublic schools in the Cincinnati Public School District utilize a School Accommodation Plan instead of a 504 Plan. This is an agreement between the school and the family that identified accommodations/services will be made available to their student. No identification under either 504 or IDEA is required for an accommodation plan. Each school determines what and how many accommodations each student may receive.