Basic Understandingof Section 504

A Campus Training Module

Developed by Region 9 ESC

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Q: What is Section 504 and why do we need to know

about it?• It is a federal civil rights law that

prohibits discrimination against individuals with disabilities

“No otherwise qualified individual with a disability in the

United States …shall, solely by reason of her or his

disability, 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…”

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Q: Is this like ADA?

• Yes. Section 504 and the Americans with Disabilities Act are considered sister-statutes that share a civil rights approach to disability discrimination as well as common language

• And it’s because the ADA was amended in 2008 that the number of Section 504 students is increasing so much

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Q: How did the ADA changes affect Section

504?• Because what happens with ADA applies to Section 504; the ADA amendment says this in its appendix:

.“…unless expressly stated otherwise, the standards

applied in the ADAAA are intended to provide at

least as much protection as the standards

applied under the Rehabilitation Act.”

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Q: How is Section 504 different from special

education?• Both Section 504 and the ADA

operate with a different definition of disability and a different approach to it than does IDEA

• This means many children not eligible for special education services may be qualified under Section 504

.

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IDEA Section 504

Purpose An education act

Provides federal financial aid to states and local education agencies to guarantee special education and related services to eligible children with disabilities

A civil rights law

Prohibits discrimination on the basis of disability in programs and activities receiving federal funds

(No separate source of funding for this)

Protected Students ages 3-21 who meet specific disability categories defined by the law

A student with a physical or mental impairment that substantially limits a major life activity

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IDEA Section 504

Services Gives individual supplemental educational services and supports in addition to the general curriculum, and FAPE applies as specially designed instruction

Requires schools to eliminate barriers that would prevent students from participating fully in programs and services offered in the general curriculum, and FAPE applies with concept of leveling the playing field

Service Delivery Requires an IEP reasonably calculated to provide “educational benefit” to the student

Requires a services plan with reasonable accommodations, but some students may be “technically eligible” for 504 and need no plan

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Q: Is every special education student also 504-eligible?

• Yes, the basic nondiscrimination protections of Section 504 technically apply to IDEA students; however, all of their disability-related educational needs will be met through the ARD Committee process

• A special ed student will never have both an IEP and a Section 504 plan

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Q: Why are more students qualifying under Section

504?Three reasons:• Congress says to interpret the

definition of disability broadly (physical or mental impairment)

• The list of major life activities expanded and includes bodily functions

• The determination of “substantial limitation” has changed and a new mitigating measures rule added

.

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Physical or mental impairment• Section 504 does not specify

categories of disability• Can include any mental disorder,

including emotional or mental illness as well as specific learning disabilities

• Physical impairments can be neurological, musculoskeletal, respiratory, digestive, cardiovascular, etc.

• No exhaustive list exists

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Major life activities as of 1-1-2009

• Eating• Sleeping• Standing• Lifting• Bending• Reading• Concentrating• Thinking• Communicatin

g

Operation of a major bodily function, including an organ within a body system

• Functions of the immune system

• Normal cell growth• Digestive• Bowel• Bladder• Neurological• Brain• Respiratory• Circulatory• Endocrine• Reproductive functions

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Substantial limitation• Section 504 regulations do not define

itAsk this question:Does the impairment make this particular major

life activity more difficult or burdensome

compared to what it would be for someone in

the general population?

Yes? It meets the threshold of substantial

limitation. Impairment + Impact on School Functioning

(behavioral, social, emotional, and academic)

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Mitigating measures• When making disability

determinations, schools cannot take into account student use of such things as:• Medication; medical supplies, equipment, or appliances;

prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; or mobility devices

• Assistive technology• Reasonable accommodations or auxiliary aids or services• Learned behavioral or adaptive neurological

modifications

• Excluded: ordinary eyeglasses and contact lenses

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Q: So how does the school identify these kids?

• Section 504 has Child Find requirements similar to those of IDEA

• The school’s duty to evaluate for Section 504 is triggered as soon as there is reason to suspect disability and the need for services

•

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Q: What happens then?• The school will form a committee to

evaluate and then make an eligibility determination

• Parental consent is needed first, and Notice of Parent Rights is given

• Evaluation = Collecting, gathering, and interpreting data from various sources about the student’s functioning (academic, behavioral, social, and emotional)

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Q: After the data is gathered, then what?

• The committee decides• What is the

physical or mental impairment?

• Are one or more major life activities or major bodily functions impacted?

• Is there substantial limitation?

• If eligible, does the student require a services plan?

• What services or accommodations are appropriate?

• Is there additional data the committee needs in order to establish eligibility or to determine an appropriate plan?

Impairment ≠ disability automatically

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Q: Why would a student not need services or

accommodations?• Because the student’s needs are fully

met through the use of mitigating measures and so no services are required from the school

• Because the student’s impairment is in remission and so there is no need for services (at this time)

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Q: What do they “get” with 504?

– Be free from actions that discriminate on the basis of disability

– Three-year reevaluations– Manifest determination review (MDR) in

the event of behavior issues– Protection from accumulations of short-

term disciplinary removals– Complain to the Office for Civil Rights– Due process hearings– Access equally extracurricular activities

and nonacademic services

These rights to:

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Q: What about kids with plans?• All of that plus a services plan that is

individualized, based on identified needs caused by the impairment and the limited life activity or activities– Curriculum is not modified– Evaluation data forms the basis for

accommodation decisions• The need for the accommodation must arise

from the impairment and isn’t tied to the need to pass a statewide assessment later in the year

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Q: What if a student doesn’t want to use his

accommodations?• Because the services plan is a legal

document, it cannot be vacated arbitrarily by either the student or the teacher– So, document the refusal, notify the

campus Section 504 coordinator, and be ready to reconvene as a committee to address the issue

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Q: Do substitute teachers have to comply with plans?

• Yes, subs need to know about accommodations in plans and should provide them

• Also, they should do so proactively instead of waiting for students to request them

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Q: Isn’t it just good teaching to accommodate?

• Teachers often informally accommodate in the classroom as well as differentiate instruction

• However, the line is thin between that and providing services before an evaluation for 504 eligibility– In Section 504, procedure and process

matter, which means don’t provide services before the evaluation

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Q: What about the slow learner who needs accommodations?

• Regulations and guidance from the Office for Civil Rights note that students should not be put into Section 504 just because they are having academic trouble– “Children in need of remedial

instruction, such as children who are behind a grade level or who are ‘slow learners’ but who have not been diagnosed as having a specific learning disability or other disability are not considered persons with disabilities.” OCR Handbook, pp. 70-71

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Q: Can a Section 504 student take AP or honors classes?

• Yes, students with disabilities may take the classes and use their accommodations or related services

• To bar such students from accelerated classes because they need accommodations would be discriminatory

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Q: Can students ever be dismissed from Section 504?• Yes, just as they can be from special

ed

• This may especially happen when a student is 504-eligible for temporary impairments

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Q: Do Section 504 kids have to get passing grades?

• No, being 504-eligibile is not about being guaranteed passing grades or all A’s

• The initial question to ask is whether assignments or tests that were failed were the result of school error in not implementing accommodations (at all,

or fully) or whether the plan was not appropriate to begin with

• However, OCR has said that student effort counts

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Q: Does the Section 504 plan apply to field trips, too ?

• Yes, Section 504 applies to extracurricular activities and nonacademic services such as field trips and school performances as well as sports and after-school clubs

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Q: What if a student is teased because of his impairment?

• Be especially watchful for any sign of teasing, bullying, or harassment because of disability

• Any incidents should be treated seriously and promptly by being reported to the campus administrators

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