1. Do You Need Help Writing 504 Plans?

2. Overview
Law
Process
Eligibility
Plan
Discipline
Resources

3. Section 504
Civil rights law that prohibits discrimination against persons with disabilities in programs that receive federal financial assistance
“No otherwise qualified individuals with disabilities in the United States ....shall solely by reason of 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.”

4. Protection Under Section 504
All students with disabilities are protected from discrimination in elementary, secondary and postsecondary schools
Equal opportunity to benefit from education as students without disabilities
Equivalent, not identical, services or programs must be provided
Reasonable accommodations

5. Who oversees Section 504
Office of Civil Rights
OCR

6. Develop a Process Child Find Referral Eligibility Section 504 Plan
Review
504 Plan

7. Child Find Requirement
Under both IDEA and 504, districts have a duty to locate and identify students with disabilities
Districts can’t wait for parents to raise a Section 504 issue or come to them with information
Most schools meet this requirement through the special education department

8. Child Find – Student is suspected of having a qualifying disability
Parent requests an evaluation or requests accommodations
Staff suspects a disability
School receives information indicating a possible disability
Student needs a health plan
Student no longer qualifies for an IEP
Student is evaluated and does not qualify for an IEP

9. Section 504 Definition of a Person with a Disability
Has a physical or mental impairment
That “substantially” limits one or more major life activity(ies)
Has a record of the impairment
Is regarded as having an impairment

10. Referral – Review of Existing Data
3 Questions
Nature of concern
Is there a suspected physical or mental impairment that substantially limits one or more of the student’s major life activities?
If Yes, identify the suspected physical or mental impairment(s)
If Yes, identify one or major major life activity(ies) that it is suspected the impairment(s) substantially limits
Is additional evaluation required before determining the student’s eligibility?

11. Who Should be Involved People who are knowledgeable about: Student
Evaluation data
District Programs
District Activities

12. Eligibility Reason considered Documentation
Does the student have a physical or mental impairment?
Does the student’s impairment substantially limit any major life activities?
“Substantially limits” need not prevent or severely or significantly restrict
Episodic or in remission must be determined to substantially limit if they would when active
Eligibility ends if the answer to either question is no
Do not consider mitigating measures
Does not have to adversely affect education

13. Non-Exhaustive List of Impairments
A physical impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems
A mental impairment is any mental or psychological disorder

14. Non-Exhaustive List of Major Life Activities
Bending * Breathing * Caring for one’s self
Communicating * Concentrating * Eating
Hearing * Learning * Lifting
Reading * Seeing * Performing manual tasks
Sleeping * Speaking * Standing
Thinking * Walking * Working
Bladder function * Bowel function * Brain functions
Circulatory functions * Endocrine functions * Neurological functions
Normal cell growth * Reproductive functions * Respiratory functions
Immune system functions

15. Developing a 504 Plan Standard form is not required, should include:
Student’s name
Beginning date
Review date
Major life activity(ies) or area of need
Accommodations, services, supports, assistive technology
Location
Frequency
Title of responsible party

16. The team should consider
Major life activity(ies), challenges, needs and accessibility
Parents suggestions
Physicians recommendations
Mitigating measures
Remission
FAPE under 504 consists of regular or special education services and related aids and services that are designed to meet the student’s individual needs as adequately as the individual needs of non-disabled students are met.

17. Procedural Safeguards
Provide a copy:
Parent referral
Parent consent to evaluate
Eligibility meeting
504 Plan meeting
Manifestation determination
Upon request

18. Manifestation Determination
Suspension for greater than 10 school days or pattern of suspensions
Determine if manifestation of disability:
Result of school’s failure to implement 504 plan
Caused by, or direct & substantial relationship to disability
If yes,
Conduct an functional behavior assessment & behavior intervention plan
If already have BIP must review the plan
If determine it is not a manifestation or failure to implement the school can discipline like others
Can suspend for 45 school days, regardless of the manifestation determination
Carries or possesses a weapon
Has or uses illegal drugs
Serious bodily injury

19. Other Forms Invitation for Meeting – always send before a meeting
Written Notice – after all meetings & parent consent (include everything considered)
Consent for Release of Confidential Information
Parent Consent for Evaluation

20. OCR Resources
Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools, guide pdf.
Free Appropriate Public Education for Students with Disabilities: Requirements Under Section 504 of The Rehabilitation Act of (Aug. 2010),
Student Placement in Elementary and Secondary Schools and Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act,

21. Process Resources
Franczek Radelet, Attorneys and Counselors, Sample Section 504 Procedures
District Implementation Guide for Section 504, Florida Department of Education
OCEANSIDE UNIFIED SCHOOL DISTRICT Section 504 Procedures
ca.schoolloop.com/file/ / / pdf

22. Fillable Forms
connections/special-populations-special-needs- resources/Section504EligibilityandAccommodationPlan.pdf

23. ?

24. Contact
Sharon Baker Disabilities Services Specialist