Erin W' Lowe

1
Section 504

• Erin W. Lowe
• Christine A. Ward

2
The Rehabilitation Act 1973

• Intended to provide opportunity for work for
  disabled Americans
• Discreetly mentions that public schools have the
  duty to provide a free and appropriate education
  (FAPE) to all students
• Focus is non-discrimination

3
Laws and Regulations

• Individuals with Disabilities Education Act
  (IDEA) formerly known as Public Law 94-142
• Americans with Disabilities Act (ADA)
• Before IDEA, 504 was the regulating authority
  for educating disabled students

4
When is the district required to make a 504
referral?

• A student should be referred to 504 when
• The District believes that the student has a
  physical or mental impairment that substantially
  limits one or more major life activities
• AND the student is in need of either regular
  education with supplementary services or special
  education and related services

5
Eligibility

• To be eligible, students must be qualified, and
  disabled
• Disabled person is any person who
• Has a physical or mental impairment that
  substantially limits life activities
• Has a record of the impairment
• Is regarded as having such an impairment

6
Disability and Academics

• By definition, a student who is successful in
  regular education does not have a disability that
  substantially limits their life activities.
• A student who can pass his classes without
  modifications is receiving educational benefit
  and is not in need of a 504 plan.

7
Implications for the School

• District has a duty to conduct an annual search
  for students who qualify for a section 504 plan
• District has a duty to contact students and their
  parents and notify them of potential 504
  eligibility

I have to do WHAT!?
8
504 Process

• Referral
• 504 Team
• 504 does not dictate the titles or people who
  must be members of the Committee. The committee
  should be a group of persons, including persons
  knowledgeable about the child, the meaning of the
  evaluation data, and the placement options.
• Evaluation
• Individual Accommodation Plan (IAP)
• Placement
• Monitoring

9
ACCOMODATIONS
10
Implications for Agency Counselors

• Mental Health Counselors
• Have the right to be members of the 504 team
• Can educate parents of the process
• Can encourage parents to advocate for 504
  accommodations for their children
• Can provide excellent input for accommodations
  that will benefit the student

11
TRUE OR FALSE
12
Parents have a right to be members of the Section
504 Committee.
13
FALSE

• Determined by a 1999 OCR decision from Oklahoma
• Communication and cooperation can occur without
  parent attendance at 504 meetings
• Whether to invite parents or not is a decision to
  be made by the district

14
Students with qualifying IDEA disabilities can
simultaneously qualify for 504 accommodations.
15
FALSE

• IDEA Students technically qualify under section
  504 but IDEA allows the student to be served in a
  broader capacity.
• As long a s a child is eligible under the IDE A,
  a 504 Committee does not meet on the child.

16
It is possible for a student to be 504 in one
district and not eligible in another.
17
TRUE

• A natural result of the OCR position that no
  standard definition of "substantially limits"
  will be provided by the U.S. Department of
  Education.
• Eligibility will vary among districts.
• Each district is responsible for determining what
  the phrase means.

18
The 504 Committee can order accommodations to the
ACT/SAT.
19
False

• The testing services will review the
  modifications a student is receiving under 504 or
  IDEA, and then will make their own independent
  determination of whether modifications to college
  entrance exams will be allowed.
• The longer the student has received the
  modifications, the more likely they will be
  considered favorably.

20
Students who take medication automatically
qualify for a 504 plan.
21
FALSE

• Some students may have a disability that, with
  medication administered at school, requires no
  additional accommodations.
• If administering medication is required as a
  related service because of the age of the student
  or severity of the disability (so that the burden
  is on the school to ensure timely receipt of the
  medication), a 504 referral may be necessary.

22
ADD/ADHD qualifies as a disability under 504.
23
TRUE

• If a child has been diagnosed with ADD/ADHD and
  the disability presents a major life impairment
  for the student, the student is eligible for a
  504 plan.
• Some ADD/ADHD children might be better served
  under IDEA with an OHI designation.

24
References

• Beech, M. (2003). Accommodations Assisting
  Students with Disabilities, A Guide for
  Educators.Tallahassee, FL Clearinghouse
  Information Center.
• Council of Educators for Students with
  Disabilities, Inc. (n.d.) Section 504, IDEA,
  NCLB conferences and resources for Educators.
  Retrieved June 5, 2005, from www.504idea.org