|
What is Section 504?
|
“Section 504” is Section 504 of the Rehabilitation Act of 1973, a federal civil rights statute protecting persons with disabilities from discrimination. Section 504 applies to all agencies that receive federal funds, including public schools.
|
|
How is disability defined under Section 504?
|
Section 504 defines disability as a “physical or mental impairment that substantially limits a major life activity.”
Temporary impairments are impairments that are transitory and last 6 months or less. These impairments are typically not covered under Section 504 but instead, the school may develop “temporary accommodations.”
|
|
What does Section 504 do for students with disabilities?
|
Section 504 guarantees that students with disabilities receive a free appropriate public education. Section 504 intends to “level the playing field” and will provide accommodations or other support to meet the individual educational needs of a student with a disability as adequately as the needs of non-disabled students are met.
|
|
How is a referral made?
|
Parents can initiate the process by completing a Parent Initiated Request Form– this will go directly to the Case Manager Assistant for that region.
|
|
Who makes decisions about whether a student has a disability under Section 504?
|
All decisions are made by the 504 team, based on the evaluation data. 504 teams should include people knowledgeable about the student and 504 process, including: the case manager/school counselor, teacher(s), the parent/guardian, and student (as appropriate). The district 504 coordinator or school psychologist may also be included.
|
|
I have a letter from my doctor, is that enough to qualify for a 504 plan?
|
Not necessarily. While medical documentation is helpful, the 504 team will look at multiple points of data when making a determination. Medical Health Questionnaire
|
|
What are multiple points of data?
|
In addition to parent input and medical documentation, data is collected in the following areas:
- Prior school assessments
- Attendance and discipline records
- Teacher input (prior and current)
- Previous interventions
- Report cards/progress notes
|
|
What decisions does the team make?
|
FIRST: The team must decide whether the student has a disability under Section 504.
THEN: The team must then decide if the student needs a Section 504 Accommodation Plan to access their education.
|
|
What is a Section 504 Student Accommodation Plan?
|
A Section 504 Accommodation Plan documents specific instructional or environmental adjustments or supports to ensure that the individual needs of the student with a disability are met as adequately as the needs of non-disabled students. The comparison is to an average student in the general population. The Section 504 plan is designed to provide appropriate supports in the least restrictive environment, not necessarily all of the supports that would “maximize the student’s potential”.
|
|
Is a Section 504 Student Accommodation Plan the same as an IEP?
|
No. An IEP (Individualized Education Program) is written for students who have disabilities under the Individuals with Disabilities Education Act (IDEA). These students must need Special Education instruction and services to be eligible for an IEP.
|
|
When should the student’s Section 504 Eligibility and Accommodation Plan be reviewed?
|
The team meets to review the accommodation plan at grade levels 2, 4, 6, 9 and when requested by a team member. The team meets to review eligibility every three years. If the district is considering a significant change in placement, then a reevaluation and review should be conducted before that change.
|
|
What is a “significant change in placement”?
|
A significant change in placement is a placement that changes the nature, type or duration of the educational program for the student. A minor change in a program, such as a new teacher, moving to another classroom at the same level, or moving to another building in the same type of program, would not be considered a significant change. Significant changes in placement occur because the student’s needs change, or when the student has engaged in conduct that results in a disciplinary removal of more than 10 school days from school.
|
|
How is a “504 Protection Only” student protected from being suspended or expelled for conduct that is related to the student’s disability?
|
Before the school implements a suspension or expulsion that would remove the student for more than ten days, the school must hold a team meeting to do a manifestation review. The team considers:
- Whether the student’s conduct was caused by or had a direct and substantial relationship to the student’s disability; and
- Whether the student’s conduct was a direct result of the school not implementing the student’s Section 504 Student Accommodation Plan.
If the team concludes that either of these are true, then the school may not impose the suspension or expulsion. (However, the student may be disciplined for drug or alcohol related offenses to the same extent as students without disabilities.)
If the team concludes that the conduct was not caused by or directly related to the student’s disability and not caused by lack of implementation of the 504 plan, the student may be disciplined in the same manner as students without disabilities. In addition, the team may also decide to revise the accommodation plan in order to better support the student.
|
|
What happens if the team does not agree about whether the student has a disability or about what needs to be on the plan?
|
The team should try to reach consensus. If consensus is not possible, then the district representative for the team (typically an administrator) will make the ultimate decision. If the parent does not agree, the parent may pursue resolution options.
|
|
What do I do if I feel like my student’s accommodations
are not being offered?
|
- Communicate your concerns with your child’s teacher
- If you need more assistance, ask your school counselor for support
- If the issue is unresolved, reach out to your school administrator.
- See below about resolution options.
|
|
What are the resolution
options under
Section 504?
|
The parent may use the district’s uniform complaint resolution procedures, as described in administrative regulation KL-AR. These procedures provide both informal complaint resolutions as well as for formal complaint procedures. A starting place is to have an informal meeting with a school principal or assistant principal to review the matter and share concerns. The parent may also contact the district’s 504 Program Coordinator or Director of Supports Services using this Concern Form.
More information is available on the district’s Complaint Page. Parents also have the right to request a hearing from the Oregon Department of Education if they disagree with the identification, evaluation, placement or provision of appropriate services to the student. The parent may file a complaint with the Federal Office for Civil Rights.
|
|
What happens to my 504 plan after high school?
|
Click here for information
|
