504 Plan Q&A
504 Questions and Answers
1. What is Section 504?
Section 504 is the section of the Rehabilitation Act of 1973, Public Law 93-112. This section applies to persons with disabilities. The Office for Civil Rights (OCR) enforces this section which prohibits organizations (schools) that receive federal funds from discriminating against otherwise qualified individuals solely on the basis of a handicap.
2. What does this mean for schools?
It means that a school district must operate academic and extracurricular programs in a manner which provides disabled students equal opportunity to participate. Failure to do so allows OCR to remove or withhold federal funds for noncompliance.
3. How is a student 504 eligible?
A student of school age is eligible if that student has a physical or mental impairment which substantially limits one or more major life activities. While there are several categories, schools are generally concerned with the life activity of learning.
4. What physical or mental disability usually indicates the pursuance of 504 eligibility?
Chronic illnesses such as arthritis and asthma, a medical diagnosis of ADD/ADHD, and physical impairments are often conditions under which 504 accommodations can be explored.
5. If a student is 504 eligible, does the student receive special education services?
Usually not. The 504 student is considered eligible for accommodations in the general education setting (regular classroom). In fact, 34 CFR 104.34, states that a student’s education must be provided in the general education environment with supplementary aids and services to the greatest extent possible. Only if it can be demonstrated that such an environment can not be achieved satisfactorily, may other environments be considered.
6. Does 504 eligibility affect student discipline policies?
Yes. If the student is up for expulsion or suspension of more than 10 days either consecutively or cumulatively, the manifestation determination process occurs.
7. Is behavior which interferes with learning considered an appropriate 504 eligibility area?
No. Bad conduct, per se, without another handicapping condition, does not make a student eligible for a 504 plan. However, if any student demonstrates consistent behavioral problems, the student's school staff must have considered and if appropriate, developed behavioral interventions.)
8. Who determines if a student is 504 eligible?
Districts/sites have a separate 504 team that determines if the child meets the criteria to be considered for a 504 plan.
9. How does a team actually determine eligibility?
There is no clear cut answer. Eligibility is based on the team determination that the child has a disability and the extent to which it is substantially limiting a major life event (learning). Contact your site/district 504 coordinator for your procedures and forms.
10. Then what is the 504 Plan?
After determining eligibility, the team develops an accommodation plan to be implemented in the general education setting.
11. Once determined as eligible, is a student 504 eligible for life?
Eligibility and the 504 plan are reviewed annually.
12. If a student has been through the CARE/MTSS process and assessed for consideration for special education but not found eligible, does the CARE/MTSS Team automatically write a 504 Plan?
No. There must be a 504 eligibility meeting. All of the information that was gathered during the previous CARE/MTSS meetings, plus any other pertinent data, can be used to determine 504 eligibility by the 504 team. Eligibility is based on a physical or mental impairment which substantially limits a major life event (learning, breathing, walking.)
13. Must a student go through the usual CARE/MTSS process before a 504 meeting can be held?
No. Anyone can request a 504 meeting. If there has been an CARE/MTSS Meeting, documentation can be used to assist in determining 504 eligibility.