Section 504 Accommodation Plans
Defined Overview and Regulations
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.
Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require a public school to provide an individualized educational program (IEP) that is designed to meet a child's unique needs and provide the child with educational benefit. Under Section 504, fewer procedural safeguards are available to the child with a disability and the child's parents than under IDEA.
How does a student qualify for a Section 504 Plan?
An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "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 . . . ."
OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.
The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.
School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.
Intent of Accommodations - The differene in a regular intervention and a 504 plan intervention!
A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected student's classroom teacher(s) and recommends strategies to address the student's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.
Parent's rights under Section 504
Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.
Parents have the right to:
• Have the right to be informed by the school district of your rights under Section 504 (The purpose of this document form is to advise you of these rights)
• Have your child take part in, and receive benefits from public education programs without discrimination based on a disability.
• Receive notice with respect to identification, evaluation, or placement of your child.
• Have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the District make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
• Have your child educated in facilities and receive services comparable to those provided students without disabilities.
• Have your child receive special education and related services if she/he is found to be eligible under the Individuals with Disabilities Education Act (IDEA), or to receive reasonable accommodations under Section 504 of the Rehabilitation Act.
• Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, the eligibility data, and placement options.
• Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by the school District through the provision of reasonable accommodations.
• Examine all relevant records relating to decisions regarding your child's identification, eligibility, educational program, and placement.
• Receive a response from the District to reasonable requests for explanations and interpretations of your child's records.
• Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the District refuses this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.
• Request impartial due process hearing related to decisions regarding your child’s identification, eligibility, and educational placement. You and your child may take part in the hearing and have an attorney represent you at your own cost.
• File a complaint with the Office of Civil Rights when you believe your child’s rights have been violated.
Determining Need for Section 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to:
(1) have a physical or mental impairment that substantially limits one or more major life activities; or
(2) have a record of such an impairment; or
(3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Section 504 vs. IDEA
The major differences between IDEA and Section 504 are in the flexibility of the procedures. For a child to be identified as eligible for services under Section 504, there are less specific procedural criteria that govern the requirements of the school personnel. Schools may offer a student less assistance and monitoring with Section 504 because there are fewer regulations by the federal government to instruct them, especially in terms of compliance.
In contrast, a child identified for services under IDEA must meet specific criteria. The degree of regulation is more specific in terms of time frames, parental participation, and formal paperwork requirements. IDEA also addresses the special education of students with disabilities from preschool to graduation only (from ages 3 to 21). Section 504 covers the lifespan and safeguards the rights of persons with disabilities in many areas of their lives, including employment, public access to buildings, transportation, and education.
The criteria for identification, eligibility, appropriate education, and due process procedures under IDEA and Section 504 vary. It is important for you and your child's teachers to understand how these laws differ, and how those differences could affect your child's education.
Identification and Eligibility
In order for children with disabilities to receive services, they must by identified and then determined to be eligible for these services. Under IDEA guidelines, school districts are required to identify and evaluate all children suspected of having a disability whose families reside within the district. Section 504 does not have this requirement.
IDEA
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Covers all school-aged children who fall within one or more specific categories of qualifying conditions (i.e., autism, specific learning disabilities, speech or language impairments, emotional disturbance, traumatic brain injury, visual impairment, hearing impairment, and other health impairments).
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Requires that a child's disability adversely affects her educational performance.
Section 504
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Covers individuals who meet the definition of qualified "handicapped" person -- for example, a child who has or has had a physical or mental impairment that substantially limits a major life activity or is regarded as handicapped by others. (Major life activities include: walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.)
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Does not require that a child need special education to qualify. Note: Students who are ineligible for services or are no longer entitled to services under IDEA (e.g., kids with LD who no longer meet IDEA eligibility criteria) may be entitled to accommodations under Section 504.
Responsibility to Provide FAPE
FAPE is an acronym for a Free and Appropriate Education.
IDEA
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Requires an individualized education program (IEP).
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"Appropriate" education means a program designed to provide "educational benefit" for a person with disabilities.
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Placement may be any combination of special education and general education classrooms.
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Provides related services, if required. Related services may include speech and language therapy, occupational therapy, physical therapy, counseling services, psychological services, social services, and transportation.
Section 504
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Does not require an IEP, but does require a plan.
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"Appropriate" means an education comparable to the education provided to those students who are not disabled.
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Placement is usually in a general education classroom. Children can receive specialized instruction, related services, or accommodations within the general education classroom.
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Provides related services, if needed.
Due Process Procedures
Sometimes parents and school districts disagree about how a child with disabilities should be educated. When this happens, there are procedures in place to handle these disagreements.
IDEA
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Must provide impartial hearings for parents who disagree with the identification, evaluation, or placement of the student.
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Requires written consent.
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Describes specific procedures.
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An impartial appointee selects a hearing officer.
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Provides "stay-put" provision (the student's current IEP and placement continues to be implemented) until all proceedings are resolved.
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Parents must receive ten days' notice prior to any change in placement.
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Enforced by U.S. Department of Education, Office of Special Education.
Section 504
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Must provide impartial hearings for parents who disagree with the identification, evaluation, or placement of the student.
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Does not require parental consent.
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Requires that parents have an opportunity to participate and be represented by legal counsel -- other details are left to the discretion of the school.
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A hearing officer is usually appointed by the school.
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No "stay-put" provisions.
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Does not require that parents are notified prior to the student's change of placement, but they still must be notified.
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Enforced by U.S. Department of Education, Office of Civil Rights.
"Mitigating Measure"
According to ADAAA, the determination of whether a student’s impairment substantially limits a major life activity shall be made without regard to the positive ameliorative effects of mitigating measures such as medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies. In short, the Section 504 team must not consider the positive impact of mitigating measures (i.e., determine how the physical or mental impairment would impact the student if the mitigating measure was not present.)
It is prohibited that a student be found ineligible for Section 504 because of the corrective effects of mitigating measures.
Court Cases
Burriola v. Greater Toledo YMCA
Jordan Burriola is a child with autism who was enrolled in the YMCA daycare program in Greater Toledo. He was terminated from the program due to his violent behavior. Melissa Burriola, Jordan’s mother, filed a complaint stating that the termination violated Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.
The District Court of the Northern District of Ohio issued an injunction against the Greater Toledo YMCA. The court ordered the YMCA to reinstate Jordan and train its staff to work with him.
Jarron Draper v. Atlanta Public Schools
Jarron Draper has dyslexia, a language-based learning disability. Despite of his efforts, he couldn’t read and go to college due to the failure of Atlanta Public Schools to provide him with a free special education program. This violated Section 504 and was the basis for Draper’s complaint.
The case concluded when the Court of Appeals upheld the District Court’s decision in favor of Draper. The court ordered Atlanta Public Schools to pay for Draper’s tuition at a private special education school as compensatory education for their persistent failure to provide him with adequate education.
Ramirez v. District of Columbia
Parents of a 9-year old child with cerebral palsy sued the District of Columbia under Section 504 and the ADA. The child’s parents claimed that the district had failed to provide the child with proper access to the restroom.
According to the parents, the doorway to the school district’s restroom was not wide enough to accommodate a wheelchair, which was used by the child. The child had to either crawl on the floor or had to be carried to use the restroom.
The court ruled that the district failed to provide the child with proper access and required the district to comply with minimal architectural standards.
Pitfalls to Avoid
The rules and requirements for 504 plans are much looser than they are for IEPs. For that reason, parents often miss (or misunderstand) some of the key steps in the 504 planprocess. Here are five common pitfalls parents run into—and that you can try to avoid.
Pitfall #1: Not exploring what’s possible with a 504 plan.
Schools sometimes skim over the details of what a 504 plan can include. They may not explain that it can provide accommodations, modifications and special services like those in an IEP. Prepare in advance by learning as much you can about your options. You can then use that knowledge to ask that specific kinds of help become part of your child’s 504 plan.
Pitfall #2: Being passive about participation.
The law doesn’t guarantee parents the right to attend their child’s 504 plan meetings. However, many schools are happy to include parents. But it’s best not to wait for an invitation. If the school tells you they’re evaluating your child for a 504 plan, let them know that you want to be part of any meetings where your child’s needs will be discussed.
Once your child has a 504 plan, stay proactive. Ask for a copy of the 504 plan. Make sure your child’s annual 504 plan meeting doesn’t take place without you. Contact your child’s 504 committee leader or principal early in the school year to get the meeting on your calendar—and theirs.
Pitfall #3: Accepting the school’s “standard” 504 plan for students with your child’s issue.
Some schools present parents with a standard 504 plan for students with a certain disability. They claim, “It has helped many children like yours.” However, the needs of kids with the same disability can vary. That means a standard 504 plan for dyslexia (or any other disability) isn’t very useful.
You might get some ideas from a standard 504 plan, but your child’s plan needs to be tailored to meet his individual needs. It may help if you come prepared to discuss your child’s specific areas of weakness, along with ideas of some accommodations you think might be useful.
Pitfall #4: Assuming the school is implementing your child’s 504 plan.
After jumping through hoops to get your child’s 504 plan in place, it’s natural to take a breather. Don’t let go completely! Make sure your child’s 504 plan is followed. Talk with your child about school, and monitor homework and test scores. Is the school providing the promised accommodations, modifications and services? Take any concerns to your child’s teacher or 504 committee leader.
Pitfall #5: Not pushing for a careful review and update of the 504 plan every year.
The 504 committee should review and revise your child’s 504 plan every year. As your child moves through school, he’ll master some skills but struggle with new ones. The academic load will also increase. You’ll want his 504 plan updated to document his changing needs and the accommodations, modifications and services he’ll need to succeed.
