Section 504 of the Rehabilitation Act

Section 504 Topics covered: Section 504 definition What is Discrimination? Students with Medical Needs 504 Eligibility 504 Coordinator’s Responsibilities 504 Meetings and Teachers’ Responsibilities Reasonable Accommodations Nonacademic Activities How to View a student’s 504 Plan

Section 504-Definition Section 504 is a nondiscrimination law included in the Rehabilitation Act of 1973 Provides individuals with disabilities the same kinds of protections Congress provides to people discriminated against because of race and gender It is NOT a special education law – special educators do NOT have primary responsibility It IS a civil rights law – prohibits discrimination It contains NO federal funding

Section 504 A student is covered under Section 504 if (s)he 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 an impairment. In 2008, Congress passed ADA Amendments Act and stated that the current regulations defining the term “substantially limits” as “significantly restricted” are inconsistent by expressing too high a standard. ADAAA’s further purpose was to convey that the question of whether a student’s impairment is a disability should not demand extensive documentation or analysis. With the use of the broadened definition, more students are likely to be eligible than in the past. If the school 504 team determines, based on an evaluation, that the identified disability substantially limits the student’s ability to participate in a major life activity that student is protected against discrimination under Section 504.

Discrimination Denying an opportunity to participate in and benefit from a service. Providing a service that is unequal, less effective, lower quality, different or separate from that provided to others.

Serving Students with Medical Needs Section 504 Serving Students with Medical Needs Individualized Health Care Plan (HCP) Generally focuses solely on addressing a student’s medical needs. A HCP is not a substitute for a 504 Plan because it leaves the student and parent without guaranteed procedural protections. Procedural protections to students with disabilities provided by Section 504 include; notice, opportunity for parents to examine relevant records, an impartial hearing with opportunity for participation by parents and representation by counsel, and a review procedure. Nursing services and administration of medication are considered related services if they are necessary to enable a student with a disability to benefit from his educational program.

Serving Students with Medical Needs Section 504 Serving Students with Medical Needs Section 504 Plan Regulations mandate the provision of FAPE – defined as the provision of regular or special education and related aids and services that are designated to meet the needs of students with disabilities as adequately as the needs of students without disabilities are met. Section 504 does not require a district to obtain a medical diagnosis or a medical assessment when evaluating a student’s disability. Eligibility under Section 504 does not require a doctor’s diagnosis, even when the disability at issue is a medical condition. Similarly, the existence of a medical diagnosis does not automatically mean that a student is eligible. A medical diagnosis alone is not sufficient to determine a disability.

New Look at Section 504 Eligibility Two Part Test: Have a physical or mental impairment; or Have a record of such impairment; or regarded as having such an impairment 2. That substantially limits one or more major life activities.

504 Coordinator’s Responsibilities Ensure teachers know their 504 students and the accommodations they require. List responsible personnel in the accommodations plans. Reconvene 504 team if suspect an accommodation is not working. Do not shorten a student’s school day if you don’t have a medical doctor’s recommendation to do so

504 Meetings Make sure classroom teachers provide input on modifications SJTA Contractual Language: 8.01 Each member may leave after the end of the instructional day except when meeting the needs of students or parents, or when attending school-related conferences or meetings. 8.01.13 Teachers shall attend additional meetings as may be required by district, state, or federal programs (e.g. grant meetings, ELL, Special Education, etc.) Involve Parents as much as possible Involve students as appropriate

Reasonable Accommodations The paramount consideration is the unique situation and need of each student, rather than trying to fit the student into the school’s current services. In meeting these needs, districts are recommended to conduct research that will provide awareness of available options for each disability.

Nonacademic activities 504 regulations require districts to provide nonacademic and extracurricular services in “such a manner as is necessary to afford students with a disability an equal opportunity for participation in such services and activities”. Field trips, Athletics, Afterschool care, School-sponsored functions, Postsecondary planning

How to view a student’s 504 Plan   If a student has a 504, you will see a 504 icon to the left of the student’s name)  Make a note of your students on 504 plans – names and ID numbers Click on the menu tab (far left near top of page)  Go to enrollment – student documents Find the student The actual 504 plan can be found by clicking on the pdf icon on the right side of the page  **Please review the 504 plans for all of your students as these accommodations require compliance.

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