1. Section 504
January 23, 2002
Welcome to the Section 504 of the Rehabilitation Act of 1973 Workshop We will begin shortly…

2. Presented by Loretta Middleton
Senior Director, Student Support Services/Section 504 Hearing Officer
San Diego County Office of Education

3. Introduction Pop-ups Name School/District Position
My position in relationship to Section 504
Number of Section 504 Accommodations of which I have been a part
Why I’m here

4. Goals
To provide participants with the necessary skills to identify and serve the needs of Section 504 students.

5. Objectives
To provide an overview of Section 504 of the Rehabilitation Act of 1973 and the recent revisions effective 2009.
To provide an update regarding changes in the ADA and Section 504 Rehabilitation Act.
To compare IDEA requirements with Section 504.
Top provide information regarding discipline and protection of eligible 504 students.
To provide information regarding discipline and protection of eligible 504 students.
To provide an overview of procedures, forms, parents rights and discipline.
To provide participants with an overview of the multidisciplinary process.

6. Statute
Section 504/ADA is a civil rights statute that prohibits discrimination. Like the sister statutes of Title VI (race) and Title IX (gender), Section 504/ADA focuses on discrimination based solely on disability.

7. Civil Rights
Section 504 is often referred to as the first civil rights act for individuals with disabilities. Section 504 applies to students, parents, employees, and other individuals with disabilities.

8. Section 504 Subpart B—Employment Practices
Subpart A—General Provisions
Subpart B—Employment Practices
Subpart C—Physical Accessibility
Subpart F—Health, Welfare, and Social Services
Subpart G—Procedures
Subpart D—Preschool, Elementary, and
Secondary Education
Subpart E—Postsecondary Education

9. Relationships Americans with Disabilities Act Section 504/ADA
Special Education
IDEA
School Focus
Community Focus

10. Section 504 “Don’t shoot me…. I’m just the piano player!”
-Elton John
“We’re all in this together.”
-Eric Haldeman (Nixon Advisor)
“I’m just the messenger.”
-All of us, at one time or another

11. Est. As Part of the Rehabilitation Act of 1973
Section 504
Est. As Part of the Rehabilitation Act of 1973
“No otherwise qualified individual with handicaps in the United States shall solely by reason of his/her handicap, as defined in Section 706(8) of this title, 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 or under any program or activity conducted by any executive agency or by the United States Postal Service.”
(29 U.S.C. Sec. 794)

12. Section 504
On September 25, 2008 President Bush signed into law the American with Disabilities Amendment Act (ADA) of 2008.

13. The new law became effective January 1, 2009.
Section 504
The new law became effective January 1, 2009.

14. Section 504
Congress has placed a huge emphasis on discrimination in the revised 2009 law.

15. Section 504
The Act expands the scope of disabilities under the ADA and Section 504 of the Rehabilitation Act of 1973 as well as protections to employees and students.

16. Section 504
The Act rejects four (4) United States Supreme Court decisions which limited the scope of protection for individuals with disabilities.

17. Section 504 The 4 decisions are:
1) Sutton v. United Air Lines, Inc U.S. 471 (1999)
2) Murphy v. United Parcel Service 527 U.S. 516 (1999)

18. Section 504 The 4 decisions continued…
3) Albertsons, Inc. v. Kirkingburg 527 U.S. (1999)
4) Toyota Mfr. Kentucky Inc. v. Williams 534 U.S. 184 (2002)

19. Who Is a 504 Person/Student?
504 Regulation 34 CFT 104.3(j-l) defines:
“a person with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.”

20. The actual language of the definition remains the same but the Act expands the meaning of disability

21. Section 504
January 23, 2002
What does “SUBSTANTIALLY LIMITS” mean??? Congress has rejected previous clarifications by the court
The Supreme Court has recently clarified that the identified major life activity must be of central importance to daily life (Toyota Motor Co. v. Williams, 534 U.S. 184,197 (2002)

22. The Act broadens “substantially limits” by explaining that an impairment that substantially limits one major life activity does not have to also limit other major life activities.

23. Also…even if an impairment that is eposodic or in remission can meet the “disability requirement” if it substantially limits a major life activity when active.

24. Substantially limits means considerable or to a large degree
RECENTLY PARTICIALLY REJECTED BY CONGRESS!
The Supreme Court clarified the identified major life activity must be of central importance to daily life.
(Toyota Motor Co. v. Williams, 534 U.S. 184, )

25. The Toyota ruling determined that substantial limitation means a limitation that affects a person’s ability to perform an activity in relation to the average person in the general population. This was rejected by Congress. This was rejected by Congress.

26. This was completely rejected by Congress.
T.J.W. By Butler v. Dothan City Board Of Education (D.C. Alabama 1997) 26 IDELR 999.
*In determining whether a student’s mental or physical impairment substantially limits the major life activity of learning, the district should compare the student’s academic progress to that of “the average child,” not a child of similar intellectual potential.
This was completely rejected by Congress.

27. A student is still not “substantially limited” simply because the student is not reaching his or her potential

28. Block v. Rockford, 2002 WL 31856719 (N.D. III.2002
Applying the Supreme Court decision in Toyota, a court found a student did not qualify for 504 protections at school where her disability did not substantially limit the life activity of breathing beyond the school site.
Rejected by Congress.
Now it is as long as the disability substantially limits a life activity in the school setting, it must be regarded as qualified under Section 504.

29. Costello v. Mitchell Public School District (8th Cir. 2001)

30. Must be substantial as determined by the multi-disciplinary team
Must be substantial as determined by the multi-disciplinary team. (Still true)
Major life activity must be of central importance to most people’s lives – rejected by Congress January 2009.
Must be assessed in corrected condition - e.g. with glasses, inhaler etc.* - rejected by Congress January 2009.

31. The Act now instructs that school districts can no longer consider mitigation measures to determine whether an impairment substantially limits a major activity except for the use of ordinary eyeglasses or contact lenses.

32. Congress stated that the determination whether an impairment substantially limits a major life activity shall be made without regard to ameliorative effects of mitigating measures such as medication, medical supplies, equipment or other devices.

33. In determining whether a student’s disability substantially limits a major life activity entitling the student to FAPE, the School/District will typically focus on
Learning
Behavior

34. Section 504: Disability Defined
Physical or Mental Impairment**
Major Life Activities**
Record of Impairment**
Regarded Impairment**
Physiological disorder, contagious disease, cosmetic disfigurement or anatomical loss in one or more system:
Neurological
Musculoskeletal
Respiratory
Cardiovascular
Reproductive
Digestive
Bowel *
Genito-urinary
Hemic
Lymphatic
Skin
Endocrine
Immune System ***
Normal Cell Growth
***
Bladder ***
Functions ***
Mental or psychological disorder including:
Mental retardation
Organic brain syndrome
Emotional or mental illness
Specific learning disabilities
Major life activities include:
Self-care
Manual tasks
Walking
Seeing
Hearing
Speaking
Breathing
Sitting
Standing ***
Reaching
Thinking ***
Concentrating ***
Reading ***
Communicating ***
Interacting with others
Learning
Working
Eating ***
Sleeping ***
Lifting ***
Bending ***
The individual has:
A history of impairment   
A record of having been misclassified as having an impairment
An impairment not limiting a major life activity, but treated as disabled by the covered entity
No impairment, but treated as disabled by the covered entity
Substance Abuse (recovering alcoholic or addict*
* Does not include current, illegal drug abusers ** (34 Code of Fed Reg. Part 104.3)
*** Added in new amendments by Congress effective January 1, Non-exhaustive list.

35. Also included in the 2009 law are major bodily functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory.

36. Section 504 Disability Defined
Major Life Activities**
Major life activities include:
Standing *
Bending *
Lifting *
Reaching
Reading *
Thinking *
Concentrating *
Communicating *
Interacting with others
Learning
Working
Self-care
Manual tasks
Eating *
Sleeping *
Walking
Seeing
Hearing
Speaking
Breathing
Sitting
* Added 1/2009
** (34 Code of Fed Reg. Part 104.3)

37. Section 504 Disability Defined
January 23, 2002
Section 504 Disability Defined
Regarded Impaired**
The individual has:
An impairment not limiting a major life activity, but treated as disabled by the covered entity or
No impairment, but treated as disabled by the covered entity
These do not require accommodations; however, they may still be protected by law.
** (34 Code of Fed Reg. Part 104.3)

38. For the purposes of protection:
A Record of Impairment
For the purposes of protection:
EXAMPLES of individuals who have a record of an impairment are persons who have histories of mental or emotional illness, learning disabilities, asthma, heart disease, cancer, etc. (who are recovering or managed by medication) and students in special education.

39. Definition of Eligibility
For the purposes of protection:
Is regarded as having an impairment.

40. Illustration of Regarded as Disabled
Anna, a student with mild diabetes controlled by medication, is barred by the staff from participation in certain sports because of her diabetes. Even though Anna does not actually have an impairment that substantially limits a major life activity, she is protected under Section 504 because she is treated as though she does.

41. Eligibility
There are attitudinal barriers and architectural barriers that affect the educational placements of students.

42. Definition Issue
NOTE: The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having an impairment” are relevant only when some negative action is taken based on the perception or record. “This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered.” (OCR Policy Memorandum, August 3, 1992) However, such discrimination can result in costly litigation.

43. January 2009 Congress clarified that students regarded as having an impairment do not automatically qualify for accommodations/services.

44. Eligibility
Every person eligible for Section 504 will not necessarily be eligible for special education.

45. Eligibility
Every person eligible for special education is also protected under Section 504.

46. Accommodations
Modifications made by classroom teacher(s) and other school staff to enable the students to benefit from their education program. A plan should be developed outlining services and/or accommodations.

47. Parent and Student Involvement
The parents and the potential 504 student should be included in the 504 process whenever possible.

48. DOCUMENTATION IS ALWAYS A BEST PRACTICE.
It is important to document evaluation results, eligibility determination, services, and placement issues regarding each student.
DOCUMENTATION IS ALWAYS A BEST PRACTICE.

49. Referral
Referrals are accepted from parents, professional staff, students, and/or other staff members. The problem(s) and previous remedies are considered and reviewed.

50. (See Forms & Notices - Page 6 for form.)
Notification
The school notifies the parents or guardians, in writing, of the schools’ reason and intent to conduct an evaluation. The notice should include a description of the evaluation and procedural safeguards. Parental consent would be considered best practice for all Section 504/ADA evaluations.
(See Forms & Notices - Page 6 for form.)

51. Evaluation is the district’s responsibility by law and always has been.

52. Issues for Team Consideration
The following factors are considered by a team knowledgeable about the student and the disability:
Evaluation results
Section 504/ADA eligibility (remember the list was expanded January 2009)
The student’s unmet needs
Services and/or accommodations based on eligibility
Possible staff inservice
Least Restrictive Environment (LRE)
Remember, you can no longer consider mitigating circumstances.

53. Implementation
The school staff makes the necessary accommodations to allow for the student’s disability. Parents should be consulted and given opportunities for input. The accommodations and/or services are then implemented.

54. Review
Each student’s accommodations and/or services are reviewed periodically. Best practice would be at least annually.

55. Review Primary Responsibilities under Section 504
Evaluation: Conduct an evaluation that is adequate for that child. Evaluations should be unique to the case and individual. Must determine IF there is a disability.
Meeting: Convene a group of people knowledgeable about the child, the disability, and his/her academic needs.
Placement: Determine placement and related services (accommodations) to make the disabled student equal to the nondisabled student.

56. Free Appropriate Public Education (FAPE)—IDEA
Requires FAPE be provided to only those protected students who, because of a disability, need special education or related services.
Defines FAPE as special education and related services, delivered under an IEP that meets State and federal standards. A student can receive related services under special education if, the student is provided special education and needs related services to benefit from special education.
Requires a written IEP document with specific content and a required number of specific participants at the IEP meeting.

57. Free Appropriate Public Education (FAPE)
Section 504/ADA
Requires FAPE be provided to only those protected students who, because of a disability, need general education accommodations, or special education and related services.
Defines FAPE as general or special education and related aids and services, to meet the needs of the individual student.

58. OCR Enforcement Discrimination issues:
Disability, race, gender, age, sexual orientation or gender identity

59. Definition Issue
NOTE: The second and third prongs of the definition referring to individuals with a “record of” or regarded as “having an impairment” are relevant only when some negative action is taken based on the perception or record. “This cannot be the basis which the requirement for a free appropriate public education (FAPE) is triggered.” (OCR Policy Memorandum, August 3, 1992) However, such discrimination can result in costly litigation.

60. Levels of Service
General Education
Section 504
I.D.E.A.

61. Student Population IDEA/504 Students Section 504 Students Only
Students are qualified under one or more of thirteen (14) IDEA disabling conditions. Specially designed individual education programs are planned for each student by IEP teams.
Student Population
Regular education
only students
Section 504 Students Only
Due to substantial mental or physical impairments that limit one or more of the student’s major life activities, special accommodations to the student’s program are required. A 504 accommodation plan is designed for each student according to individual need.
Examples of potential 504 disabling conditions not typically covered under IDEA are:
communicable diseases – HIV, tuberculosis
medical conditions – asthma, allergies, diabetes, heart disease
temporary medical conditions due to illness or accident
Attention Deficit Disorder
(ADD, ADHD)
recovering alcoholics and addicts
other conditions
504 only students
IDEA & 504
students

62. Historically in this area…. Who gets a 504?
GENERALLY, the students
with:
Temporary disabilities (substantial & extended)
Permanent disabilities

63. Examples of Students with Disabilities Who May be Eligible Under Section 504
HIV/AIDS
Tuberculosis
Arthritis
Asthma
Allergies
Diabetes
Obesity
Epilepsy
Heart Disease
Chronic Fatigue
*Pregnancy
Orthopedic
*It depends
*Special Education—Qualified Students
Conduct Disorder
Temporary Disability
ADD/ADHD
*Drug and Alcohol
Migraine Headache
TBI—Traumatic Brain Injury
Cerebral Palsy
Cancer
Multiple Sclerosis
*“Slow learners”

64. DOES EVERYONE GET A 504 PLAN WHO ASKS FOR ONE? NO!!!!!
The question is…
IS THERE AN ACTUAL OR PERCEIVED DISABILITY AND…
IS A MAJOR LIFE FUNCTION LIMITED SUBSTANTIALLY?

65. Exclusions (if specifically for one of these reasons only)
Children who are limited English proficient
Children actively using alcohol or other drugs
Children from poor family conditions
“Slow learners” without suspected disabilities
A student who is pregnant (covered primarily under Title IX)

66. What Does This Mean to Schools?
We must provide an appropriate education such that:
Educational services are designed to meet the individual needs of children with disabilities as adequately as the needs of non-disabled persons are met (accommodations).
Each child with a disability is educated with non-disabled children to the maximum extent appropriate to the needs of the child with a disability.
Procedural safeguards for student and parents rights are in place.

67. What Does This Mean to Schools? (continued)
We must provide an appropriate education such that:
Nondiscriminatory evaluation and placement procedures are to be established to guard against misclassification or misplacement of students, and periodic reevaluation of such students.
Must be individualized
Must be conducted before initial placement and a subsequent significant change in placement.

68. What Does This Mean to Schools? (continued)
Nondiscriminatory evaluation that:
Instruments used must be valid for the purpose in question and must be administered by trained personnel.
Must evaluate specific areas of need not just general intelligence, i.e., academic, social, emotional, fine and/or gross motor skills, etc.
Must reflect aptitude not sensory limitations or lack of English language fluency.
The parent must not be required to get a doctor’s diagnosis.
Districts may ask if they have a diagnosis which may assist the multidisciplinary team in making it’s decision.
Cannot be delayed while waiting for a diagnosis or evaluation from an outside individual.

69. What Does This Mean to Schools? (continued)
In making placement decisions, Section 504
placement teams:
Must be multi-disciplinary
Must be knowledgeable about the student
Must consider a variety of documented information:
Teacher recommendations
Reports on the student’s physical condition
The student’s social /emotional behavior

70. What Does This Mean to Schools? (continued)
Some of these include:
The classroom
Lesson presentation
Test taking
Behaviors
Integrated support services
These reasonable accommodations are selected (not negotiated like an IEP) by a multi-disciplinary team.
The student, where feasible should attend the meeting
Invite the parent(s)/guardian(s) to the meeting(s).
(this is wise although not required by law)
Instructional support
Assignments
Organization
Nursing considerations
Transportation

71. California High School Exit Examination (CAHSEE)
On July 28, 2009, Governor Arnold Schwarzenegger signed Assembly Bill 2 of 2009 – 10 Fourth Extraordinary Session (ABX4 2) (Chapter 2, Statutes of 2009).
ABX4 2 enacted California Education Code Section , which would exempt an eligible student from meeting the CAHSEE requirement as a condition for graduation beginning in

72. California High School Exit Examination (CAHSEE) continued…
An eligible student is a student with a disability who has an individualized education program (IEP) or Section 504 Plan that indicates that the student has satisfied or will satisfy all other state and local requirements to receive a high school diploma on or after July 1, 2009.
Students with disabilities are required to take the CAHSEE in 10th grade for purposes of fulfilling the requirements of the federal No Child Left Behind Act of 2001.

73. California High School Exit Examination (CAHSEE) continued…
This exemption shall last until the State Board of Education either implements an alternative means for students with disabilities to demonstrate achievement in the standards measured by the CAHSEE or determines that an alternative means assessment to the CAHSEE is not feasible.

74. Roles of School Personnel
School Board of Education
Policy on Nondiscrimination
Grievance Procedure
Hearing Procedure
Superintendent
504 Coordinator Designation
Annual Notice to Parents/Students
Continuing Notice to Parents/Students
504 Coordinator
504 Procedures Coordination
Staff Training
Section 504 Grievance Procedures Management
Nondiscriminatory Practices in Classrooms
Referral/Identification/Evaluation
Parent Involvement and Encouragement
Program Modifications and Accommodations
Curricular Adaptations
School Principals and
Certified and
Classified Staff

75. A Guiding Quotation “Some kids need special education…
Others need something special in their education.”
Education Week, June, 1998

76. Comparison of IDEA & Section 504
Section 504 of the Rehabilitation Act (§504)
Year Enacted
Revised
Revised Effective January 1, 2009
Legal Citation
20 U.S.C et seq.
34 C.F.R. Part 300
29 U.S.C. 794
34 C.F.R. Part 104
Type of Statute
Federal funding statute providing federal aid to states that ensures the provision of free appropriate public education (FAPE) to children with disabilities
Civil rights statute protecting individuals with disabilities from discrimination in programs and activities receiving federal funds

77. Comparison of IDEA & Section 504 (continued)
Section 504 of the Rehabilitation Act (§504)
Who is Covered
Infants and toddlers with disabilities 0-2; children 3-21 who meet the definition of a preschool child with a disability or one of the 14 categories of disabilities applicable to school-age children
Any person with a physical/mental impairment which substantially limits one or more major life activities (e.g., self-care, manual tasks, walking, seeing, hearing, breathing, learning, working), who has a record of such an impairment, or is regarded as having such an impairment.

78. Manifestation Determination
Sample Manifestation Determination located on Forms & Notices – Page 37.

79. Comparison of IDEA & Section 504 (continued)
Section 504 of the Rehabilitation Act (§504)
Major Provisions
Ensures procedural safeguards and the right to free appropriate public education in the least restrictive environment in accordance with the IDEA
No otherwise qualified individual with disability shall solely by reason of his or her disability be:
excluded from participation in,
denied the benefits of,
or be subjected to
discrimination under any program or activity receiving federal financial assistance.

80. Comparison of IDEA & Section 504 (continued)
Section 504 of the Rehabilitation Act (§504)
Discipline
Any suspension of more than 10 consecutive days or more is a significant change of placement triggering the procedural safeguards of IDEA, including the right to remain in the current educational placement pending appeals.
Cumulative suspensions of more than 10 days within the school year may trigger the procedural safeguards under the IDEA.
Cannot terminate FAPE as a disciplinary measure
District must reevaluate the child prior to any suspension of 10 days or more.
Is there a nexus between the child’s disability and the behavior complained of? If yes, the child may not be suspended for more than 10 days unless the behavior is drug sales or weapon(s) related.
No automatic right to remain in the current educational placement

81. IDEA, Section 504 and ADA IDEA Section 504 ADA
Internal Grievance Procedure
State complaint procedure required (34 CFR )
Requires districts with 15 or more employees to designate a 504 compliance officer and a grievance procedure to investigate complaints alleging non-compliance with 504
Requires public entities with more than 50 employees to designate a compliance officer and a grievance procedure to investigate complaints alleging non-compliance with the ADA

82. IDEA, Section 504 and ADA (continued)
Protection Against Retaliation
Incorporates prohibition against retaliation, intimidation, coercion, threats, and discrimination found in regulations under Title VI of the Civil Rights Act
Extends protections to non-disabled individuals who have testified or participated in any manner in an investigation, proceeding, or hearing under the ADA

83. IDEA, Section 504 and ADA (continued)
Compliance/ Enforcement
Office of Special Education Programs (OSEP); SED – noncompliance may result in loss of IDEA funds and state aid, Administrative appeals and/or courts
Office for Civil Rights, United States Department of Education (OCR) – noncompliance may result in loss of all federal funds, Administrative appeals and/or courts

84. IDEA, Section 504 and ADA (continued)
Self-Evaluation
Requires recipients to conduct a self-evaluation to identify discriminatory policies and steps to modify any discriminatory policies and practices
By January 26, 1993, districts were required to update [their] 504 self-evaluation to assure compliance with the ADA which must involve constituent groups.

85. IDEA, Section 504 and ADA (continued)
School Board Policy
Requires written policies advising parents and their disabled students of the district’s responsibility to identify, evaluate and provide FAPE to children with disabilities

86. Linking the Two is the Key!
Basics of RtI: Instruction Matched to Student Needs
Assessment
Linking the Two is the Key!
Instruction

87. School Wide Tiered Systems
Access the needs of all
students in literacy, math and
behavior
Provide intervention in tiers of intensity
Assess comprehensive program to identify gaps (Is CORE instruction meeting the needs of most students? Are interventions effective?)
Develop a plan to address gaps

88. Level 1: Primary Intervention
Enhanced general education
classroom instruction/Core or Core Plus
Level 2: Secondary (Strategic) Intervention
Child receives more intense
intervention in general education,
small groups, 1-1.
Level 3: Tertiary (Intensive)
Intervention increases in intensity and duration. - Child may be placed in special education.
If progress is inadequate, move to next level.

89. Forms
and
Procedures

90. The 504 Multi-disciplinary Team Process
Choose multi-disciplinary team members knowledgeable about the child (always include teachers that will be impacted by accommodation plan).
Remember, if the principal/superintendent are a part of the initial team, this will impact the grievance process.
Choose a chairperson of the meeting prior to the meeting (if there isn’t a permanent chairperson).

91. The 504 Multi-disciplinary Team Process
(continued)
Define the conduct and process of the meeting:
Explain that the process is completely different than an IEP meeting.
Explain that neither the parent nor the advocate is a part of the school’s multi-disciplinary team. (Unless district policy/regulations state otherwise.)
Explain that the multi-disciplinary team decides on the appropriate accommodations.
Explain that the team may hear the parent’s and/or advocate’s (or even the doctor’s) recommendations; however, the team decides the qualifications and the accommodations, if any.

92. The 504 Multi-disciplinary Team Process
(continued)
Read the Section 504 Rights to the parent and student (if necessary, have an interpreter present, if possible, to translate).
Examine all data to determine qualifications, if any.
The parent may provide input as to behaviors observed that will assist the team in making its decision.
If the team finds that the student does not have a mental or physical disability that SUBSTANTIALLY limits one or more major life activities, the team informs the parent and/or the advisor and explains why.

93. Issues for Team Consideration
The following factors are considered by a team knowledgeable about the student and the disability:
Evaluation results
Section 504/ADA eligibility
The student’s unmet needs
Services and/or accommodations based on eligibility
Possible staff inservice
Least Restrictive Environment (LRE)

94. The 504 Multi-disciplinary Team Process
(continued)
If the student does not qualify, but the team decides to provide “252” services, the team decides appropriate intervention services to assist the student in his/her educational process.
The team examines criteria to ensure that the student qualifies for Section 504 (i.e., the student has a physical or mental disability, which SUBSTANTIALLY limits one or more major life activities).
If the student does qualify, the team discusses the student’s needs to provide appropriate accommodations that will provide equal opportunity (not necessarily the same) for participation in the learning process.

95. The 504 Multi-disciplinary Team Process
(continued)
If the student does qualify, the team decides on appropriate accommodations for the student from the Menu of Services and 504 Accommodation forms.
Include parent and student responsibilities in plan (to ensure and maximize success).
Remember: the student is only eligible to receive special education accommodations if he/she qualifies (use IEP process in that case).
Explain that the parent does not have to agree to the plan in order for the team to proceed with providing accommodations for the student.

96. The 504 Multi-disciplinary Team Process
(continued)
Explain the grievance process.
Be sure to have the parent(s)/guardian(s) sign to the fact that his/her/their rights have been explained and that a copy of these rights has been provided to him/her/them.
Tell the student and the parent/guardian that the formal written plan (if the student qualifies) will be sent.
If the student does not qualify, or qualifies but does not require accommodations at this time, inform the parent at the meeting (follow-up in writing) and plan to review the case at least once within the year.

97. The 504 Multi-disciplinary Team Process
(continued)
If the student does not qualify, consider providing “252” intervention services that would improve where needed (e.g., attendance, behavior and academic achievement).
Once a plan has been written, monitor to ensure that:
accommodations are implemented.
interventions and accommodations are successful (revise plan as needed).
annual review is completed.

98. Don’t Forget!!!
The accommodations are devised by the 504 Multi-disciplinary Team made up of persons knowledgeable about the student.
Obtain all the signatures.
Be sure to include “End of Service” dates.
Give parents the Rights Notification page/pamphlet.
Send the meeting notices.

99. Recommendations
Annual review is required and modifications of the plan should be implemented where needed.
Be cautious about offering accommodations which become funding issues, e.g., “a lap top computer will be provided to student.”

100. A Quote To Think About!!??!! “Remember … no matter what
race, gender, or ability…
everyone,
if given the opportunity,
support & encouragement,
can learn & succeed.”
-E.L. Anderson ©1994

101. 504 Sample Case Student Information: The Process: Seventh grade male
Suffers from severe asthma (severe: regular wheezing, IPPB treatments, inhaler, etc.)
The Process:
Referral
P.E. teacher refers student to the A.P. because student “refuses to run, defies authority.”
A.P. or interviews student. Student informs A.P. of his asthmatic condition.
A.P. contacts 504 Committee leader.

102. 504 Sample Case The Process (continued): Pre-assessment
504 Team begins collecting data:
School nurse
Interview P.E. teacher
Parent interview
Check student records (cum/medical)
Contact family doctor

103. 504 Sample Case The Process (continued): Meeting
Send notice of 504 multidisciplinary team meeting to parent.
Hold 504 multidisciplinary team meeting
Evaluation affirms a “YES” to disability and 504 accommodations eligibility.

104. 504 Sample Case The Process (continued): Plan Development
504 Plan developed by 504 multidisciplinary team to meet student’s accommodation needs.
Possible Options:
Follow-up
Notification of multidisciplinary team decision sent to parent along with explanation of parent rights and copy of Accommodation Plan form.
Monitoring of student and scheduling of periodic evaluation.

105. Section 504 Sample Cases Asthma Obesity Broken legs Growth issues
Cancer
Diabetes
Hearing
Vision
ADD/ADHD
“Recovering” student