Return to Section 504 Index
What is the purpose of Section
504 of the Rehabilitation Act of 1973?
Section 504 is a Federally created law that targets discrimination
in all programs and agencies that receive any kind of Federal financial
assistance.
Section 504 of the Rehabilitation Act of 1973 states:
No otherwise qualified individual with a disability in the United
States, as defined in section 706(8) of this title, shall, solely
by reason of his or her 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
(Rosenfeld, p. 10).
For schools, it is clear that we are recipients of Federal financial
assistance and are therefore responsible for Section 504 requirements
within our buildings and classroom.
A little background:
From 1965 into the early 1970ís Congress began to view Federal programs
as a necessity if students with disabilities were to gain full access
to educational opportunities. Out of this concern came Section
504 of the Rehabilitation Act of 1973. As is stated above,
this act placed lawful demands on any organization, including schools,
that received Federal funding for its programs. This law prohibited
exclusion from, denial of benefits, or discrimination in any Federally
funded program.
What is required to qualify a
student under Section 504?
A little background:
Section 504 protects all handicapped students who are defined as
having any physical, or mental impairment that substantially limits
one or more major life activities,
even if they do not qualify for special education (Robinson, 1998).
Section 504 defined major life activities as: (a) caring for oneís
self, (b) performing manual tasks, (c) walking, (d) seeing, (e)
hearing, (f) speaking, (g) breathing, (h) learning, and (i) working.
If a condition does not substantially limit a major life activity,
the individual will not qualify under Section 504.
(Note: The decision to qualify or not to qualify will be made by
an evaluation team, this team should be created by the school/district
and consists of parents, educators, and other professionals who
are familiar with the student.)
Appropriate protocol to follow when seeking 504 evaluation:
(Taken from Section 504 and Americans with Disabilities Act written
by Mountain Plains Regional Resource Center in Cooperation with
the Utah State Office of Education p. 19-20). Each individual
district has a format with forms that a teacher must follow and
complete. The following is an outline of the process to provide
a ìpictureî of what is required. Be sure to obtain your specific
districts forms and complete them in the order your district mandates.
1. Students who are experiencing difficulties are referred
to the Building Level Support Team before being considered for special
education or Section 504. The support team may be the building
administrator depending on the size of your school. (Please
click here to see the ìRed Flagsî page for examples of appropriate
instances of when to consider 504 accommodation.)
2. A referral may come from parents, individual teachers,
adult age students orcommunity agencies.
3. The problem(s), previous remedies and attempted remedies
should be forwarded to the Building Support Team or Administrator
as the case may be. All current information and recommendations
for additional evaluation should be included here. (Any anecdotal
records should be included so the situation can be viewed clearly
and objectively.)
4. The district/school notifies the parents, in writing, of
the schoolís reasons and intentions for recommending an evaluation.
The notice should include due process rights and a description of
the evaluation. (Please click
here to download Form 3.)
5. The district/school must evaluate all students with disabilities
before making an initial placement or any subsequent, significant
change in his or her placement.
6. Once the school receives parental consent it may initiate
the required evaluations.
7. When major services or accommodations are necessary, the
Coordinator (again this may be the administrator) plans a 504 Evaluation
Team meeting and invites all staff and parents who should be included
in the meeting and who are familiar with the student and the issues
involved. Parents are consulted in determining the appropriate
services or accommodations, and allowed input regarding the accommodation
plan. A list of individuals, created by Davis County School
District of Utah, suggests the following for the 504 Evaluation
Team but is not limited to;
a. Childís general education teacher(s).
b. School 504 coordinator or administrator.
c. School psychologist or other school employee capable of
interpreting the meaning of educational evaluation data.
d. Special education teacher, as appropriate (especially if
a special education teacher has been involved in testing or evaluating
the student)
e. Studentís parents or legal guardians
f. Student if appropriate
g. Other people with relevant knowledge about the student
such as, but not limited to, physicians, mental health professionals,
and counselors.
8. Each of the following should be considered:
a. evaluation results
b. Section 504 eligibility
c. studentís unmet needs
d. services or accommodations based on eligibility (If the
evaluation and conference committee team show that one or more of
lifeís major activities as listed above are being interfered with,
then the student will qualify under Section 504.)
e. discuss and plan possible staff in-service, if it is needed,
to brief the staff on the evaluation teamís decisions.
9. The classroom teacher(s) and,or school make the necessary
accommodations to allow for the studentís disability.
10. The accommodations or services are implemented.
11. Each studentís accommodations or services are reviewed
at least annually.
Note:
A parental protest right is attached if parents do not agree with
the teamís evaluation (Degen, 1998.)
Please click here to download Form(s)
5. It is important that teachers are familiar with these
forms before a meeting is held with parents in attendance.
Is there a difference between
Section 504 and Special Education? What is it?
It is important to recognize that there are major differences between
Special Education and Section 504. Special Education falls
under a law known as the Individuals with Disabilities Education
Act or IDEA and has Federal funds attached for carrying it out.
It is specific to 13 categories of disability. The categories
are as follows: (a) autism, (b) deafness, (c) deaf-blindness,
(d) hearing impairments, (e) mental retardation, (f) multiple disabilities,
(g) orthopedic impairments, (h) other health impairments, (i) serious
emotional disturbance, (j) specific learning disabilities, (k) speech
or language impairments, (l) traumatic brain injury and (m) visual
impairment. Children who are qualified under special education
regulations are entitled to a full educational opportunity,
and Federal funds are provided to help the school district carry
out this entitlement (Henderson, 1995).
Special Education requires written notice to parents with regards
to identification, evaluation and/or placement of their children
(Henderson, 1995). Also, Special Ed. mandates the creation
of an Individual Educational Plan (IEP), and students must be educated
in the least restrictive environment possible (Baumberger, 1999;
and Knoblauch, 1998). Section 504 differs from Special Ed.
because it applies to students not in the special education program,
and the major responsibility for carrying out the 504 accommodation
falls to the general classroom teacher,
and the general education services provided by the school (Robinson,
1998).
Section 504 affects any organization receiving Federal funding
of any kind. Nearly all public schools receive Federal assistance
and are thus bound by Section 504 regulations. Section 504
accommodations are not, however, directly funded by the Federal
Government as are Special Ed. accommodations. The requirements
are in place, but no Federal assistance
is offered to help schools comply. State and local
school districts have the responsibility of funding Section 504
accommodations. Funding, if available, is frequently very
limited and prior approval is necessary before recommending any
accommodations that require funding (Henderson, 1995).
Section 504 protects all handicapped students who are defined as
having any physical, or mental impairment that substantially
limits one or more major life activities, even if they do not fall
under Special Ed. (Robinson, 1998). Section 504 defined major
life activities as: (a) caring for oneís self, (b) performing manual
tasks, (c) walking, (d) seeing, (e) hearing, (f) speaking, (g) breathing,
(h) learning, and (i) working.
Some of the disabilities
that can qualify under Section 504 may come in the form of one or
more of the following: (a) HIV, (b) Touretteís syndrome, (c)
attention deficit hyperactive disorder (ADHD), (d) heart malfunction,
(e) communicable diseases, (f) urinary conditions, (g) blood disorders,
(h) chronic fatigue syndrome, (i) school phobia, (j) respiratory
conditions, (k) blood/sugar disorders, (l) post traumatic disorders,
(m) pregnancy, (n) epilepsy, (o) cancer, (p) repetitive motion syndrome,
(q) birth defects, (r) tuberculosis, (s) etc. (Degen, 1998).
What evaluations are required
to qualify a student under Section 504?
Information should be taken from a variety of sources when considering
504 qualification for a student. Depending on the students
issues and what major life activities are being affected, the evaluations
may vary from one student to the next. Qualification is not
based on one specific set or order of tests and evaluations.
The following items could be considered, but not be limited to,
when assessing eligibility of a student.
a. Grades
b. Samples of work
c. Teacher anecdotal records
d. Teacher recommendations
e. Medical conditions
f. Student behavior
g. Social adaptation of student
h. Parental recommendations and observations
i. Physical abilities of student
j. Cultural issues in studentís life
k. Studentís scores from standardized aptitude tests
l. Studentís scores from standardized achievement tests
m. Any input or evaluations from Special Education professionals
who evaluated or worked with student.
The decision as to which items will be considered rests with the
504 coordinator or administrator and the evaluation team that is
chosen to oversee the students qualification process. The
team should consider all relevant information as it pertains to
the students abilities and needs with regards to the Section 504
eligibility.
Section 504 34 C.F.R. Part 104, Subpart D 104.35 states;
(1) Tests and other evaluation materials have been validated
for the specific purpose for which they are used and are administered
by trained personnel in conformance with the instructions provided
by their producer.
(2) Tests and other evaluation materials include those tailored
to assess specific areas of educational need and not merely those
which are designed to provide a single general intelligence quotient.
Who decides which students qualify
for Section 504 accommodations?
The 504 evaluation team of professionals and other associated adults
who have relevant input and association with the child and who were
selected by the 504 coordinator to participate on the team are responsible
for determining the childís eligibility. The team must decide
if, based on the evaluations, the child has an impairment such that
one or more of his major life activities are being substantially
limited. If the team decides that one, or more, of lifes major
activities are being substantially limited qualification is granted.
Note:
Please see page 2 of this handbook for the definition of a major
life activity. Please see page 6 of this handbook for a list
of possible impairments/disabilities that may qualify for Section
504 accommodation.
What is a Free and Appropriate Public Education (FAPE)?
Who decides what is FAPE?
Section 504 of the Rehabilitation Act of 1973 34 C.F.R. Part
104
Subpart D - Preschool, Elementary, and Secondary Ed.
Sec. 104.33 Free appropriate public education
States:
(a) A recipient that operates a public elementary or secondary
education program shall provide a free and appropriate public education
to each qualified handicapped person who is in the recipientís jurisdiction,
regardless of the nature or severity of the personís handicap.
(b) Appropriate education. (1) For the purpose of this subpart,
the provision of regular or special education and related
aids and services that are designed to meet individual educational
needs of handicapped persons as adequately as the needs of
non-handicapped persons are met.
The Federal government defined what was appropriate as is stated
in section (b) above.
(c) For the purpose of this section, the provision of a free
education is the provision of educational and related services without
cost to the handicapped person or to his or her parents or guardian,
except for those fees that are imposed on non-handicapped persons
or their parents or guardians.
The Federal government defined free in section (c) above.
Sec. 104.34 states concerning the educational setting; (a)
A recipient (school) shall place a handicapped person in the general
educational environment operated by the school unless it is
demonstrated by the school that the education of the person in the
general education environment with the use of supplementary aids
and services cannot be achieved satisfactorily.
The 504 coordinator and 504 evaluation team determine and must demonstrate
when the general education setting is not being achieved satisfactorily.
Parents still have a right to appeal if they should disagree with
the teamís decision.
What is a reasonable accommodation?
Section 504 of the Rehabilitation Act of 1973
34 C.F.R. Part 104
Subpart D - Preschool, Elementary, and Secondary Ed.
Sec. 104.12 Reasonable accommodation
(a) A recipient (school) shall make reasonable accommodation
to the known physical or mental limitations of an otherwise qualified
handicapped applicant unless the school can demonstrate that the
accommodation would impose an undue hardship on the operation of
its program. The district 504 coordinator or administrator
will have to determine when an undue hardship is imposed, and once
again parents will still have a right to appeal if they do not agree
with the decision.
Can a Section 504 accommodation mandate an adjustment in
academic requirements for a student in my classroom?
YES! If the evaluation team elects to make
a reasonable accommodation, concerning academic performance and
requirement in the classroom, the general education teacher must
carry out that accommodation. Remember that the classroom
teacher is a member of the evaluation team and will have the opportunity
to be a part of teamís input and decision making.
When is it necessary to evaluate a 504
accommodation that is already in place?
Section 504 of the Rehabilitation Act of 1973
34 C.F.R. Part 104
Subpart D - Preschool, Elementary, and Secondary Ed.
Sec. 104.35 Evaluation and placement
(d) A school to which this section applies shall establish
procedures, for periodic reevaluation of students who have been
provided with services.
Special education must evaluate IEPís at least once annually.
The 504 accommodation could be the same but the points of evaluation
and reevaluation could be more often if it is decided, by the evaluation
committee team, that they should be.
Parents and teachers may request changes. However, the 504
plan is in place and determined by team decisions, and the
team should meet in order to make major changes.
What are some examples of accommodations?
The following list is taken directly from pages 22-24 of the manual
Section 504 and Americans with Disabilities Act created by
Mountain Plains Regional Resource Center in Cooperation with the
Utah State Office of Education (1995).
The manual contains an even more extensive look at specific disabilities
and accommodations that are appropriate for each. This list
is included as general information to give a broad spectrum of ideas.
ACCOMMODATIONS CAN BE CONSIDERED IN A VARIETY OF ENVIRONMENTS
EXAMPLES OF STUDENT ACCOMMODATIONS
ENVIRONMENTAL STRATEGIES
- Provide a structured learning environment.
- Adjust class schedules.
- Provide classroom aides, note takers and trackers.
- Modify nonacademic times such as lunchroom, recess, and
physical education.
- Change studentís seating.
- Use a study carrel.
- Alter location of personal or classroom supplies for easier
access or to minimize distraction.
ORGANIZATIONAL STRATEGIES
- Modify test delivery.
- Use tape recorders, computer-aided instruction, and other
audiovisual equipment.
- Select modified textbooks or workbooks.
- Tailor homework assignments.
- Use of one-to-one tutorials.
- Provide peer tutoring.
- Set time expectations for assignments.
- Provide instructional cues such as clock faces indicating
beginning and ending times.
- Provide tests in segments so that student can turn in one
segment before receiving the next.
- Highlight main ideas and supporting details in the book.
BEHAVIORAL STRATEGIES
- Use behavioral management techniques.
- Implement behavioral/academic contracts.
- Utilize positive reinforcements (rewards).
- Utilize negative consequences (punishments).
- Conference with the studentís parents and student (as appropriate).
- Conference with the studentís other teachers.
- Establish a home/school communication system for behavior
monitoring.
- Post rules and consequences for classroom behavior.
- Write a contract for student behavior.
- Offer social reinforcers (i.e., praise, hugs, winks) for
appropriate behavior.
- Put student on daily/weekly progress report.
PRESENTATION STRATEGIES
- Tape lessons so the student can listen to them again.
- Provide mimeographed material for extra practice (i.e.,
outlines, study guides.)
- Require fewer drill and practice activities.
- Give both oral and visual instructions for assignments.
- Vary the method of lesson presentation:
a. lecture
b. small groups
c. large groups
d. use audio visuals (i.e., filmstrips, study prints)
e. peer tutors or cross-age tutors (i.e., take notes, monitor
assignments, read aloud, listen)
f. demonstrations
g. experiments
h. simulations
i. games
j. 1-to-1 instruction with other adult
- Provide for oral or alternate language testing.
- Ask student to repeat directions/assignments to insure understanding.
- Arrange for a mentor to work with student in his or her
interest area or area of greatest strength.
METHODOLOGY STRATEGIES
- Repeat and simplify instructions about in-class and homework
assignments.
- Supplement verbal instructions with visual instructions.
- Change instructional pace.
- Change instructional methods.
CURRICULUM STRATEGIES
- Change instructional materials.
- Utilize supplementary materials.
- Assess whether student has the necessary prerequisite skills.
Determine whether materials are appropriate to the
studentís current interest and functioning levels.
- Implement study skill strategies (survey, read, recite,review).
Introduce definition of new terms/vocabulary and review to check
for understanding.
- Limit amount of material presented on a single page.
- Provide a sample or practice test.
- Be aware of studentís preferred learning style and provide
appropriate instruction/materials.
If I need help with Section 504 issues
who should I ask?
Start with your building coordinator, this may be your principal.
If the two of you feel more information is needed contact the Section
504 coordinator in your district offices.
All school districts with 15 or more employees have a designated
employee(s) who coordinates compliance with Section 504 law.
If a parent demands accommodations
beyond what I feel are reasonable, what should I do?
Your building coordinator or administrator can assist you and, if
necessary, can call a meeting of the 504 evaluation team, for that
student, to discuss the demands that are being made.
Do not immediately refuse to provide the services or promise to
comply. Let the parent know you will take the suggestions
to the evaluation team to have the suggestions considered.
Act promptly so that the delay in response time is short.
The evaluation team provides a mode for yourself and the parent
to discuss objectively a childís needs if, per chance, you should
disagree on what is needed.
Parents may need to be reminded that the 504 accommodations are
put in place by a team. Changes to the plan should also be
made by the team.
It may be necessary to remind a parent that if accommodations are
going to help a student, the accommodations may need an appropriate
amount of time to be effective.
Remember:
Parents are the experts regarding their child;Ö..Schools and parents
should work together as partners, sharing expertise and responsibility
(Mountain Plains Regional Resource Center & USOE, 1995).
What is ethical and legal for me to suggest
or require concerning student medication?
As teachers we may not suggest medication procedures. Teachers
can make behavioral observations and report those only, it is inappropriate
for a teacher to suggest or require student medication. A teacher
may suggest that the behavior a child exhibits is similar to other
students who have been diagnosed with ADD (Attention deficit disorder)
or ADHD (Attention deficit Hyperactivity Disorder), but they cannot
recommend that a student be medicated. A teacher may only
recommend that evaluation be done. The teacher may begin the
evaluation process by making a counseling referral. Parents
have the right to grant or refuse the permission for the counselor
to proceed.
Medication may be included as a part of a 504 accommodation, but
it must be recommended and prescribed by a medical doctor.
What should I consider in preparation for a scheduled 504 meeting?
- Review what the parent and students rights are? (Download
Form(s) 5)
- Be sure all relevant issues concerning the student have
been discussed by you with your 504 coordinator. The following
are some suggestions:
a. Who should be involved on the evaluation team?
b. Discuss what is needed to help the students needs.
c. Discuss what accommodations the teacher desires for the
student.
d. Are there safe school issues involved, how would the teacher
like to see them addressed.
e. What things the teacher would like to see the home do/help
with to assist the student.
f. Remember suggestions will come from the entire evaluation
team and the resulting plan may not include all of the teacherís
suggestions.
The following are forms that should be considered for use, as appropriate,
with each 504 accommodation.
- Notice to Parent(s)/Referral Forms. Click
here to download Form 2.
- Meeting Notice. Click
here to download Form 4.
- Rights. Click here to download
Form 5
- Eligibility/Accommodations
(Student Accommodation Plans)
Click here to download versions of Form 6
What should a 504 Accommodation
Plan look like?
Please Click here to download Form(s)
6
Note:
These generic forms are examples provided by
the Mountain Plains Regional Resource Center and the Utah State
Office of Education. Your district may have forms that it
prefers that you use. Your 504 building coordinator will know
what forms are appropriate.
