Section 504

Disability is defined as a physical or mental impairment which substantially limits one or more major life activities. This definition of disability should be interpreted broadly.

Major life activities  encompass tasks vital to daily living for most individuals. Examples include self-care, manual tasks, mobility like walking, sensory functions such as seeing, hearing, and speaking, basic physiological functions like breathing and sleeping, cognitive abilities like learning, concentration, and thinking, as well as communication. Additionally, major life activities extend to bodily functions essential for overall health, including those related to digestion, bowel and bladder control, brain function, circulation, reproduction, nervous system operation, and respiration.

 Substantial limits should be interpreted broadly. An impairment affecting a student doesn't necessarily have to completely     or severely restrict a major life activity to be considered substantially limiting.

Evaluate Disability without Mitigating Measures

When assessing whether a student has a substantially limiting impairment, mitigating measures must not be taken into          account. These measures encompass medications, prosthetic or assistive devices, as well as learned behavioral or adaptive     neurological adjustments utilized by the student to alleviate or lessen the impact of an impairment.

If an impairment fluctuates (episodic) or enters periods of remission, it remains classified as a disability if, during its  active phase, it substantially limits a major life activity.

Students eligible for a 504 plan meet two criteria: 

(1) they have a physical or mental impairment substantially limiting one or more major life activities

(2)  they require accommodations to access and benefit from their education. 

Schools assess a student's need for a 504 plan through a three-step process: referral, evaluation, and eligibility determination.

1.REQUEST A REFERRAL FOR EVALUATION

Anyone, including a parent or guardian, can refer a student for evaluation. The referral for a Section 504 evaluation should b in writing, requesting that the school assess whether the student has a disability and requires accommodations, aids, or services. You can complete a Section 504 Request form and turn into the Student Services office at the school.

2. 504 TEAM EVALUATES

Initially, the 504 team collects and examines data pertaining to the student's situation. Evaluation data should be sourced from diverse channels. Examples include grades, test scores, attendance records, visits to the health room, input from parents and students, teacher observations, medical or psychological assessments, special education records, and medical documentation.

The 504 team is tasked with gathering data to address two key inquiries:

1. Does the student possess an impairment or disability significantly limiting one or more major life activities?

2. If so, what accommodations are necessary for the student to effectively engage in and benefit from their education?

Before commencing the evaluation, the school must obtain consent from a parent or guardian. Lack of consent prohibits the 504 team from evaluating a student or proceeding with the 504 process.

Evaluation and the Role of a Medical Diagnosis

There are two crucial points should be noted by parents:

1. Schools cannot mandate parents to furnish a medical diagnosis for student evaluation. Nevertheless, such a diagnosis can offer valuable insights for the 504 team.

2. While a medical diagnosis does not automatically warrant a 504 plan, it can provide pertinent information for consideration. The decision to implement a 504 plan rests solely with the 504 team, notwithstanding a doctor's diagnosis. Nonetheless, the team must weigh the information provided by the doctor during the evaluation process.

3. SCHOOL BRINGS A 504 TEAM TOGETHER

The composition of the 504 team is tailored to the unique needs of the student. Typically, there are three key members:

1. An individual familiar with the student's situation, such as a parent, teacher, physician, nurse, or counselor. While parental involvement is not mandatory, their participation can be highly beneficial.

2. An expert capable of analyzing and interpreting evaluation data.

3. A member well-versed in the available options within the school setting.

The 504 team evaluates the student's eligibility and determines the necessary accommodations to reduce or eliminate the impact of the student's disability on their education.

4. 504 TEAM CREATES A PLAN. SCHOOL PUTS PLAN INTO ACTION.

If the evaluation indicates that the student has a physical or mental impairment substantially limiting one or more major life activities, the team assesses whether a 504 plan is necessary.

This plan outlines the accommodations mandated by law to ensure the student receives a free and appropriate public education.

Before implementing the 504 plan, parental consent is required, and schools must furnish parents with a copy of their Section 504 Procedural Safeguards.

Once the 504 plan is enacted, all school staff members must adhere to it to accommodate the student. It is the school's responsibility, not the student's or parent's, to ensure teachers are informed about the services, aids, or accommodations outlined in the plan.

Teachers seeking assistance or clarification on supporting the student should consult the district's Section 504 coordinators.

Before administering discipline to a student with a disability, particularly involving suspension or expulsion, the school must determine if a special meeting, known as a manifestation determination, is warranted. During this meeting, the 504 team evaluates whether there exists a connection between the student's disability and the behavior leading to disciplinary action.

A manifestation determination meeting is mandatory before suspending or expelling a student with a disability for:

• More than ten consecutive school days, OR

• More than a total of ten school days during a school year, which could indicate a pattern of removal.

The 504 team addresses two pivotal questions during a manifestation determination meeting:

1. Was the behavior triggered by, or does it exhibit a direct and substantial connection to, the student's disability?

2. Was the behavior a direct consequence of the school's failure to adhere to the student's Section 504 plan?

If either question is answered yes, the behavior is deemed a manifestation of the student's disability, permitting the student to remain in school. The 504 team should then reassess the student's 504 plan and make modifications if necessary.

However, if both questions are answered no, the school may discipline the student in a manner consistent with its approach to disciplining students without disabilities.

Please reach out to your school principal to address concerns or disagreements about discrimination and work towards a solution. Focus on the facts related to discrimination  and harassment, as you perceive them, and clearly communicate to the principal what you want them to do to resolve the problem.

If attempts to address your concerns are not resolved, contact the Student Services Directors at 563-785-4433. You can also send an email to brent.schmidt@durant.k12.a.us or abigail.straube@durant.k12.ia.us 

If you believe Durant CSD is not following your child's Section 504 plan or your child is experiencing discrimination or harassment, you can file a formal complaint.

1. Print off and fill out Durant CSD's Section 504 Due Process Hearing Request Form. Email/mail to school.

2. You may also contact the U.S. Department of Education, Office for Civil Rights at 1-800-421-3481 or email ocr@ed.gov

3. You may also contact: Chicago Office - Office for Civil Rights

U.S. Department of Education

John C. Kluczynski Federal Building

230 S. Dearborn Street, 37th Floor

Chicago, IL 60604

Telephone: 312-730-1560

FAX: 312-730-1576; TDD: 800-877-8339

Email: OCR.Chicago@ed.gov

For the Section 504 Coordinators in the Durant CSD:

Brent Schmidt, Student Service Coordinator, brent.schmidt@durant.k12.ia.us

Abby Straube, Student  Service Coordinator, abigail.straube@durant.k12.ia.us