1. Section 504 of the Rehabilitation Act
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2. A Few Important Things…
Section 504 is NOT a special education law
Section 504 is a civil rights law
Section 504 is not as specific a law as the IDEA
Section 504 contains no funding
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3. The History of Section 504
Congressman Vanik from Ohio and Senator Humphrey from Minnesota proposed this amendment to the Rehabilitation Act of 1973
Every department within the executive branch of the federal government has regulations implementing the law
Because virtually every school district in the country accepts federal funds, public education is directly affected.
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4. The History of Section 504
Schools have not paid much attention to Section 504 until the last few years
Why the increased attention?
Emergence of disabilities not covered by the IDEA (ADHD, ODD)
The passage of the ADA (1990)
Parental awareness
Enforcement by the Office of Civil Rights (OCR)
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5. What is Section 504?
Section 504 is a brief, but powerful nondiscrimination law included in the Rehabilitation Act of 1973
Section 504 extends to individuals with disabilities the same kinds of protections Congress extended to people discriminated against because of race and sex
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6. “No otherwise qualified individual with a disability…shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance” U.S.C. § 794(a)(1996)
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7. What is Section 504? A civil rights mandate
Section 504 prohibits discrimination
The responsibility not to discriminate applies to all school personnel
Special educators do NOT have primary responsibility for Section 504
Primary responsibility falls on district-and school-level administrative leaders and regular education
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8. Who is Protected by Section 504?
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 an impairment
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9. Physical Impairment
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems
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10. Examples of Physical Impairments
Epilepsy
AIDS and HIV
Allergies
Arthritis
Heart disease
Tourette syndrome
Cerebral Palsy
Visual impairment
Broken limbs
Cancer
Diabetes
Hemophilia
Temporary conditions due to accidents or illness
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11. Mental Impairment
Any mental or psychological disorder, such as mental retardation, organic brain disorder, emotional or mental illness, and specific learning disability
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12. Examples of Mental Impairments
ADD/ADHD
Reading disability
Depression
Eating disorders
Conduct disorders
Past drug/alcohol addiction
Social maladjustment
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13. Major Life Activities Breathing Walking Talking Seeing Hearing
Learning
Taking care of oneself
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14. Otherwise Qualified
Applied to public education, otherwise qualified means of public school age
When competitive criteria are applied. otherwise qualified means that the criteria are met in spite of the disability
In employment, the person should be qualified in spite of his or her disability
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15. Who is Protected by Section 504?
Section 504 Students
IDEA
Students
All Public School Students
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16. What Does Section 504 Require?
That public schools do not discriminate against individuals with disabilities
This includes students, parents, teachers, and school staff
Discrimination refers to unequal treatment of qualified persons solely on the basis of their disability
The law protects students with disabilities from lack of equal opportunities to benefit from educational programs and facilities

17. Ways in Which Schools Discriminate
By failing to provide physical access to programs or facilities
By imposing double standards for eligibility for extracurricular activities
By failing to design regular classroom programs to meet a disabled student’s individual needs as adequately as the needs of a nondisabled student are met
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18. What Does Section 504 Require?
Program accessibility
All educational programs must be accessible to those who need them
Not every room or program in a school building must be accessible to all students if the building or program as a whole is accessible
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19. Violations!!
Denying a student with a disability the use of educational programs or facilities because they are physically inaccessible to the student
Denying a student with physical disabilities the opportunity to take a class because it is not accessible to him or her
Denying parents with hearing impairments the opportunity to participate in PTA because the school does not provide an interpreter
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20. What Does Section 504 Require?
Comparable facilities
If a school operates a separate facility for students with disabilities, this facility must be comparable to the district’s other facilities
Comparable in terms of space, location, instructional appropriateness, accessibility, size, lighting, ventilation, temperature, etc.
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21. Violations!!
Establishing classes for students with disabilities in areas that are not conducive to learning
Storage rooms, partitioned areas
Inadequate classrooms (e.g., small, no heat) and facilities in the classroom (e.g., no bathrooms)
Students with disabilities can share in sacrifices made by all students but cannot be singled out for more than their share of such sacrifices
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22. What Does Section 504 Require?
Free Appropriate Public Education (FAPE)
Each student who is disabled under Section 504 must be provided with regular or special education and related aids and services designed to meet his or her individual educational needs as adequately as the needs of nondisabled students are met
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23. Additional Components of a FAPE
Evaluation: Any student believed to need services because of a Section 504 disability must be evaluated before initial placement
Individualized education: Students served under Section 504 must have an individualized accommodation plan that details the services provided
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24. Additional Components of a FAPE
Least restrictive environment: Students with disabilities must be educated with students who are not disabled to the maximum extent appropriate
Due process procedures: Provides that the LEA must provide an impartial hearing for a parent who disagrees with the identification, evaluation, programming, or placement
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25. Examples of FAPE Violations
Failing to provide adequate staff training, equipment, and facilities for 504 student
Failing to educate the student in the LRE
Failing to provide related services because the needed services were unavailable and the district believed the services were too expensive
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26. Examples of FAPE Violations
Failing to carry out agreed recommendations to address the behavior of a student
Failing to carry out provisions of a student’s IEP
Failing to carry out provisions of an IEP because the paraprofessional who was to implement the plan was frequently absent
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27. Examples of FAPE Violations
Failing to provide students with disabilities with properly trained teachers
Failing to give a student with disabilities the services listed in his or her 504 plan
Failing to provide the full amount of services called for in the IEP or 504 plan
Shortening the school day without considering the needs of a student
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28. What Does Section 504 Require?
Procedural responsibilities
Appointment of a 504 coordinator
Grievance procedures
Staff training
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29. Section 504 Coordinator
Ensures that the district complies with Section 504
Establishes and maintains the grievance procedure
Ensures that everyone understands Section 504
Notifies the public of LEA responsibilities
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30. Grievance Procedure
School districts must establish a grievance procedure
These procedures must provide prompt and equitable solutions for complaints
Employees and parents
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31. Staff Training
All staff, faculty, and administrators should understand their rights and responsibilities under Section 504
Section 504 coordinator is responsible for training
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32. How is Section 504 Enforced?
Section 504 hearing
The Office of Civil Rights of the Department of Education
Provides technical assistance
Conducts compliance investigations
Investigates complaints of discrimination
Litigation
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33. Section 504 Hearing Parents may request a hearing for:
Identification
Programming
Discrimination
If IDEA is involved too, the issues will be heard in one hearing
Section 504 disputes can be heard by a hearing officer
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34. OCR’s Complaint Mechanism
Parental grievances with school districts can be reported directly to OCR
180 days of infraction
OCR will screen the complaint for merit and appropriateness
OCR usually sticks to procedural issues
If it is an appropriate complaint, OCR will begin an investigation
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35. OCR Investigation
OCR asks for documents and, if necessary, interviews school officials
OCR will first seek Early Complaint Resolution (parties resolve problem)
Formal investigation
Violation = A letter of finding is issued
Violation = OCR requires a monitored written agreement from the school
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36. “The Big Stick”
As a result of OCR investigations, a school district will usually voluntarily change its procedures to comply with Section 504
If a school refuses to comply with an OCR ruling, OCR may:
Begin procedures to terminate federal funding or
Refer the matter to the Justice Department for enforcement in court
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37. Litigation
Parents of stand-alone Section 504 students may file a civil action
If the student is an IDEA student, both an IDEA and 504 suit may be brought, although the IDEA is heard first
Administrative hearing process
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38. Types of Relief Injunctions Compensatory education Reimbursement
Attorney’s fees
Possibly MONETARY DAMAGES!!
“Bad faith” violations
Gross violations
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39. Section 504 and the IDEA Eligibility Evaluation
Free appropriate public education
Procedural safeguards
Discipline
Funding
Overall responsibility
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40. Eligibility IDEA: Thirteen disability categories
Need special education services
Section 504: Functional definition
No special education need requirement
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41. Evaluation IDEA: Extensive protection in evaluation procedures
Section 504: Evaluate before providing services
No independent evaluation component
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42. Free Appropriate Public Education
IDEA: Special education and related services
Meaningful benefit standard
Section 504: Regular or special education and related aids and services
Comparability standard
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43. Procedural Safeguards
IDEA: Notice, consent, records access, parental input in evaluation, IEP, placement
Stay-put provision
Mediation, due process, court
Section 504: Informal notice, no explicit consent requirement, records access
Due process hearing (very few specifics)
Compliance with IDEA meets requirements
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44. Discipline IDEA Section 504 10-day rule Pattern of removal rule
Manifestation determination
Long-term removals
No cessation
Section 504
Same
Cessation allowed if no manifestation
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45. Funding IDEA: Mixture of state and federal funds
Section 504: No federal funds
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46. Overall Responsibility
IDEA
SEA
Special education
Section 504
LEA
Regular education
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47. Evaluations
Locate and identify all qualified students in public and private schools and institutions in LEA’s jurisdiction
Before a making an initial placement, the school must complete an evaluation
Evaluation and programming must be completed within a “reasonable period of time” (days not months)
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48. Conducting an Evaluation
Standardized tests must be validated
Standardized tests must be administered by trained personnel in accordance with instructions
Assessments must be tailored to assess specific areas of educational need
Tests must be administered to accurately reflect what the test is supposed to measure
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49. When Should a District Conduct an Evaluation?
A student must be evaluated when the district has reason to believe that he or she may have a disability
A parent advises a school district of problems
A teacher refers a student for a possible disability
A student has a medical diagnosis
A student has excessive absences due to a illness
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50. Violations
When OCR finds that it has fallen short of its FAPE obligation under Section 504, the school district has typically
failed to properly evaluate a student
failed to identify and address all of a student’s needs in educational services
failed to provide educational services needed by a student
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51. Free Appropriate Public Education
Educational services provided at no cost except for fees that are charged to everyone
Program must be “designed to meet the individual educational needs of the [student] with disabilities as adequately as the needs of the nondisabled are met.”
Provision of regular or special education and related aids and services
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52. The Section 504 Plan
An IEP meets the requirements of Section 504 but it is not advisable to develop IEPs for non-IDEA students
Creates confusion and too specific
Section 504 plans or Individualized Accommodation Plans
Reasonable accommodations issue
Must provide a FAPE and be individualized
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53. The Section 504 Plan
Section 504 does not detail the components of a Individualized Accommodation Plan
It should be a written document
Most 504 students receive their education in the regular classroom so the content does not have to be as extensive as an IEP
Modifications
Related aids and services
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54. Regular Classroom Modifications
Program adaptations made in the regular classroom that do not interfere with regular education curriculum
Examples
ADHD
Hearing impaired
Reading disabled
Visually impaired
Math disability
Writing disability
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55. Related Aids and Services
Related services can be provided as the total program
Related services are aids and services needed
To meet individual needs as adequately as the needs of the nondisabled are met
To allow a student to benefit from either regular or special education in a way that provides equal opportunity
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56. Examples of Related Services
Administration of psychoactive medication
Special dietary accommodations (Diabetes)
Service dog
FM wireless hearing sets for teachers
Providing large print books
In-class word processors
Transportation
Paraprofessionals
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57. Nonacademic Services
Under IDEA and Section 504, students with disabilities must be provided with an equal opportunity to participate in nonacademic services and extracurricular activities
Counseling services
Recreational athletics
Health services
Recreational activities
Special interest groups or clubs
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58. Sports Participation
No qualified student with a disability can be denied the opportunity to participate in physical education and athletic activities
Schools cannot prejudge a student’s participation in athletics because of a disability
Courts generally favor allowing qualified athletes with physical disabilities to participate
Students must understand the risks of participation
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59. Procedural Safeguards
Schools must establish a set of procedural safeguards that parents can use when they believe discrimination has occurred based on disability
Provide advance notice (oral or written)
Opportunity to examine records
An impartial hearing
A review procedure
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60. Safeguards not included in 504
Independent educational evaluation
Surrogate parent provision
Consent (Recommended by OCR)
Stay-put provision
Parental input into evaluation, eligibility, and placement
Parental input into the individualized plan
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61. Discipline
School officials and teachers may discipline students with disabilities, protected under Section 504 (or IDEA), in the same way as they discipline nondisabled students
School officials must understand the exceptions
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62. School-wide Discipline
Students with disabilities are subject to school-wide discipline procedures
Exceptions
When procedures deprive students of their special education services
Trigger the procedural safeguards of the IDEA
Interferes with a student’s IEP, BIP, or Section 504 plan
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63. Due Process Requirements
Suspension is subjected to the standards of due process
Goss v Lopez, 1975
Due process protections
Oral or written notice of the charges
Explanation of the charges and supporting evidence
Opportunity to present his or her side of the story
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64. Nondiscriminatory Discipline
All students with disabilities are covered by Section 504
Section 504 prohibits discrimination
The unequal treatment of persons with disabilities based solely on the basis of their disability
Schools must not violate Section 504 when disciplining students with disabilities
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65. 504 Plans and School Discipline
If the 504 team determines that:
The student will be subject to the school-wide discipline policy, and
The policy does not violate IDEA '97 or Section 504
The team may use the 504 plan to affirm that a student will be subject to school-wide discipline practices
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66. Violations of Section 504
Using discipline procedures with students with disabilities that are not used with nondisabled students
Using discipline procedures with students with disabilities that are more harsh than those used with nondisabled students
Suspending, expelling, or changing placement of a student with disabilities for misconduct that is related to his or her disability
Using disciplinary procedures that are prohibited in a student’s IEP or 504 plan
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67. Short-term Disciplinary Removals
Unilateral suspensions or changes of placement for not more than 10 consecutive school days are allowed
More than 10 cumulative days in a school year may be a change of placement
After 10 cumulative days of suspension, educational services must be provided
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68. Multiple Short-term Suspensions
A series of short-term suspensions for different incidents may be permissible as long as they are not a change in placement
504 team must decide when suspensions are a placement change triggering notice and evaluation of causal relationship
Length of removals
Total amount of time that the student is removed
Proximity of removals to one another
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69. Using Short-term Suspensions
Use out-of-school suspensions carefully and only in emergencies
Keep thorough records of the amount of days of suspension
The frequency and amount of short-term suspensions, if excessive, may be indicative of a defective IEP
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70. Long-term Disciplinary Removals
Student suspensions that total more than 10 consecutive days may be changes of placement
Significant changes in placement require parental notification and reevaluation
Educational services and manifestation determination are required
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71. Weapon Offenses
Students with disabilities (not covered under IDEA) may be expelled from school if the student brings a weapon to school or a school function

72. Alcohol or Illegal Drug Offenses
With or without a causal link, students whose misbehavior involves the use of alcohol or illegal drugs may be disciplined for use or possession in the same way that nondisabled students are disciplined
Use of alcohol or drug offenses are not protected under Section 504
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73. Manifestation Determination
Required when a discipline sanction could result in a change of placement
Must be conducted by the IEP team using all relevant evaluation data
Team determines the relationship between disability and misconduct
No relationship—Long-term suspension and expulsion are available, cessation of educational services allowed
Relationship—Long-term suspension and expulsion are not available
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74. Conducting the Determination*
Gather relevant assessment data
Review IEP and ask, “Was the problem behavior the direct result of the school’s failure to implement the IEP?”
Review the data and ask, “Was the behavior that led to the disciplinary sanction caused by or the result of a direct and substantial relationship to the student’s disability?”
*Procedures and language from IDEA 2004
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75. Ensuring Compliance
When appropriate, use the same discipline procedures for all students
Include discipline policy in IEP or 504 plan
Conduct manifestation determinations to assess relationship
Include an individualized behavior plan in the student’s IEP
All school officials and teachers must understand the contents of IEPs and 504 plans
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