1. Section 504 Lessons Learned
Oregon Department of Education
Office of Educational Improvement & Innovation
Winston Cornwall, Education Program Specialist
Civil Rights/Equal Educational Opportunity
Phone (503)
Fax: (503)
TDD: (503)

2. Background Information
504 most frequent civil rights complaints lodged with OCR.
Oregon averages one OCR complaint monthly.
504 = 50%
Title IX = 25%
Title VI = 15%
Title VI/ELL = 10%

3. Key 504 Definition Qualification is based on all three items!
A physical or mental impairment that substantially limits a major life activity.
Qualification is based on all three items!

4. What determines substantially limits?
Student must be unable to or significantly restricted as to the condition, manner or duration under which he/she can perform (the major life activity) as compared to the average person.
Person who takes inordinately more time than others to complete a task (ADA)
Factors team should consider in making decision:
Nature/severity of the impairment,
Duration/expected duration of the impairment,
Permanent/long term impact resulting from the impairment.

5. What are major life activities?
Major life activities (regulatory list):
Seeing, hearing, speaking, breathing, walking
Caring for oneself, performing manual tasks,
Working, learning.
Major life activities (determined by courts):
Reproduction (and accompanying activities)
Reading, writing
Thinking, concentrating, sleeping
Interacting with others:
Characterized on a regular basis by severe problems, for example consistently high levels of hostility, social withdrawal, or failure to communicate when necessary.

6. What is a (reasonable) accommodation?
Accommodation means reasonable, not perfect.
Auto & Airplane Analogies
General examples:
Large print/Braille books for visually impaired
Adapted spoons for the physically impaired
Interpreter for the deaf or hard of hearing
Assessment examples
Oral, individual or separate administration,
Extended time or multiple test sessions.

7. How do 504 & IDEA compare? Section 504 IDEA Education Act
Civil Rights Act
No federal funding
Basic state school funding
504 Coordinator
“Substantially limits”
Accessibility regulated
Evaluation from variety of sources
Reevaluation required before significant change
No provision for independent evaluation
Requires grievance procedure
Requires due process
IDEA
Education Act
Federal funding formula
Increased state support
Special Education Director
Specific categories
Requires modifications
Comprehensive evaluation assessing all related areas
Reevaluation required every three years
Provides for independent evaluation if disagreement
No grievance procedure req.
Requires due process

8. How do 504 & IEP plans compare?
Education designed to ensure equal opportunity
Regular education with accommodations and modification
Team “knowledgeable about child” (teachers, counselor, building administrator, others as dictated by impairment analysis and/or accommodation
Individual Ed. Plans
Education designed to confer benefit performance
Specially designed instruction to mitigate adverse performance impact
Team “knowledgeable about child” and assessment related to suspected disability (teachers, counselor, special education teachers and aides, other specialists

9. Key Factors for Compliance
Procedural safeguards are perhaps the most important factor with regard to 504 considerations
504 Plan is essentially a contract (and thus is a literal document)
Educators generally considered expert with regard to specific decisions made in the 504 Plan
504 is a non-discrimination law, thus comparative treatment and access to services district-wide are essential

10. Areas of Concern Procedural safeguards and requirements are crucial:
District policy (504/Non-discrimination)
Notice obligations
Record requirements
Grievances, appeals and hearings
Impact, not intent is the barometer for discrimination
Responses to unintentional actions resulting in adverse or disparate impact is a major problem regarding students!

11. Accommodations Yelm (WA) Community Schools 2004
Accommodations listed “as needed” upheld.
Parent asserts district did not modify grades, assignments and testing and consult with the Spec. Ed. teacher.
IEP provides for services on an “as needed” basis.
OCR investigation show teachers provided accommodations except the first two weeks of school.

12. Damages Mark H./Rie H. v. Lemahieu Hawaii 2005
Parents can’t get 504 damages for IDEA violations
Assert discrimination claim for two students with autism.
Parents receive a favorable award for IDEA claim.
Dist. developed inappropriate IEPs/procedural violations.
Claim “ incompatible with the intent….of 504 & IDEA.
504 corrects discrimination “within IDEA framework.”
No evidence of deliberate indifference by the district.

13. Discipline Seattle (WA) School District No. 1 2005
Strong grades, academic performance don’t obviate need for 504 evaluation.
Dist. denies student with bipolar disorder 504 evaluation.
Student expelled from prior high school for behavior.
Dist. should have evaluated after receiving disability notice. Failure to develop plan is denial of FAPE.
Dist. agrees to train its staff, provide compensatory ed.
Also re-enroll, promptly follow appropriate evaluation procedures and plan for a suitable education program.

14. Discipline Oak Harbor (WA) School District 201 2004
Evaluation delay results in ‘significant change’ in placement
District denies FAPE when it change placement without satisfying 504 change of placement procedures.
Excludes student from science class for discipline.
Suspends student for 12 days w/o an evaluation.
Parent request evaluation, but district delayed for a year.
District continues to use plan not based on current eval.
OCR concludes evaluation required before action.

15. Discrimination Hawaii (HI) State Dept. of Ed. 2004
OCR approves disability complaint procedures
Procedures disseminated to the public and available on Internet.
Describe steps in filing, investigation and resolutions.
Inform on timelines, on-site visits and corrective actions.
OCR concludes procedures were prompt and equitable; investigations adequate, reliable and impartial.

16. Section 504 and IDEA Eastmont (WA) School District No. 206 2005
District follows kindergartener’s 504 plan, correct procedural errors
IEP provisions addressing needs of student with Type I diabetes were appropriately implemented.
Rejected claim dist. failed to implement plan and communicate with parents.
District monitored symptoms and blood sugar levels.
School nurse provided training and communicated with parents.

17. Section 504 and IDEA Eastmont (WA) School District No. 206 2005
District follows kindergartener’s 504 plan, correct procedural errors
Dist. fails to comply with 504 procedural requirements.
No notice of changes in the student placement when it implemented the plan and made changes in the plan.
No notice of due process rights.
District agrees to review/revise 504 procedures.
Description of specific procedures it must follow to provide notice to parents before implementing changes.

18. Section 504 and ELL (Title VI)
Eugene (OR) School District 4J
District does not respond to student’s needs in a reasonable, timely and effective manner.
Delays occurred in basic assessment and evaluation for services.
Communication w/parents was not in a language they understood.
Delays and limited communication with parents regarding implementation of the plan.