|
The Chicago Office of the Office for Civil Rights developed these
materials in response to numerous requests from educators, parents and
advocates in Wisconsin to clarify the requirements of Section 504 of the
Rehabilitation Act of 1973, as amended, in the area of elementary and
secondary education. In partnership with the Wisconsin Department of
Public Instruction and the Wisconsin Council of Administrators of
Special Services, OCR invited over 60 administrators, educators, parents
and advocates to participate in three focus groups, at Eau Claire, Green
Bay and Madison, respectively.
INTRODUCTION
An important goal of the Office for Civil Rights (OCR) is to foster
partnerships between school districts and parents to address the needs
of students with disabilities. Such partnerships empower all parties to
secure quality education. OCR has experienced a steady influx of
complaints and inquiries in the area of elementary and secondary
education involving Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794 (Section 504). Most of these concern
identification of students who are protected by Section 504 and the
means to obtain an appropriate education for such students. OCR reached
out to parents and school districts to determine the kinds of assistance
they needed.
Section 504 is a federal law designed to protect the rights of
individuals with disabilities in programs and activities that receive
federal funds from the U.S. Department of Education (ED). Section 504
provides: "No otherwise qualified individual with a disability in
the United States . . . shall solely by reason of her or 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 . . . ."
OCR enforces Section 504 in programs and activities that receive
funds from ED. Recipients of these funds include public school
districts, institutions of higher education, and other state and local
education agencies. The regulation implementing Section 504 in the
context of educational institutions appears at 34 C.F.R. Part 104.
The Section 504 regulation requires a school district to provide a
"free appropriate public education" (FAPE) to each qualified
student with a disability who is in the school district's jurisdiction,
regardless of the nature or severity of the disability. FAPE consists of
the provision of regular or special education and related aids and
services designed to meet the student's individual needs.
This resource document clarifies pertinent requirements of Section
504 and responds to specific questions raised by parents and school
districts.
For additional information, please contact the Office for Civil Rights.
INTERRELATIONSHIP OF IDEA AND SECTION 504
1. What is the jurisdiction of the Office for Civil Rights
(OCR), the Office of Special Education and Rehabilitative Services (OSERS)
and state departments of education/instruction regarding educational
services to students with disabilities?
OCR, a component of the U.S. Department of Education, enforces
Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504)
a civil rights statute which prohibits discrimination against
individuals with disabilities. OCR also enforces Title II of the
Americans with Disabilities Act of 1990 (ADA), which extends this
prohibition against discrimination to the full range of state or local
government services (including public schools), programs, or activities
regardless of whether they receive any federal funding. The standards
adopted by the ADA were designed not to restrict the rights or remedies
available under Section 504. The Title II regulations applicable to free
and appropriate public education issues do not provide greater
protection than applicable Section 504 regulations. This guidance
focuses on Section 504.
The Office of Special Education and Rehabilitative Services (OSERS),
also a component of the U.S. Department of Education, administers the
Individuals with Disabilities Education Act (IDEA), a statute which
funds special education programs.
Each state educational agency is responsible for administering IDEA
within the state and distributing the funds for special education
programs.
Section 504 prohibits discrimination on the basis of disability in
programs or activities that receive federal financial assistance from
the U.S. Department of Education. The ADA prohibits discrimination on
the basis of disability by state and local governments. IDEA is a grant
statute and attaches many specific conditions to the receipt of Federal
IDEA funds. Section 504 and the ADA are antidiscrimination laws and do
not provide any type of funding.
2. How does OCR get involved in disability issues within a
school district?
OCR receives complaints from parents, students or advocates; 2) OCR
provides technical assistance to school districts, parents or advocates;
and 3) OCR initiates reviews or specific partnership initiatives with
school districts to address disability issues.
3. Where can a school district, parent, or student get
information on Section 504?
OCR provides technical assistance to school districts, parents, and
students upon request.
4. What services are available for students who qualify under
Section 504?
Section 504 requires recipients to provide to students with
disabilities appropriate educational services designed to meet the
individual needs of such students to the same extent as the needs of
students without disabilities are met. An appropriate education for a
student with a disability under the Section 504 regulations could
consist of education in regular classrooms, education in regular classes
with supplementary services, and/or special education and related
services.
5. Does OCR examine individual placement or other educational
decisions for students with disabilities?
Except in extraordinary circumstances, OCR does not review the result
of individual placement or other educational decisions so long as the
school district complies with the procedural requirements of Section 504
relating to identification and location of students with disabilities,
evaluation of such students, and due process. Accordingly, OCR generally
will not evaluate the content of a Section 504 plan or of an
individualized education program (IEP); rather, any disagreement can be
resolved through a due process hearing. The hearing would be conducted
under Section 504 or the IDEA, whichever is applicable.
OCR will examine procedures by which school districts identify and
evaluate students with disabilities and the procedural safeguards which
those school districts provide students. OCR will also examine incidents
in which students with disabilities are allegedly subjected to treatment
which is different from the treatment to which similarly situated
students without disabilities are subjected. Such incidents may involve
the unwarranted exclusion of disabled students from educational programs
and services.
6. What protections does OCR provide against retaliation?
A recipient is prohibited from intimidating, threatening, coercing,
or discriminating against any individual for the purpose of interfering
with any right or privilege secured by Section 504.
7. Does OCR mediate complaints?
OCR does not engage in formal mediation. However, OCR may offer to
facilitate mediation, referred to as "Resolution between the
Parties," to resolve a complaint filed under Section 504. This
approach brings the parties together so that they may discuss possible
resolution of the complaint immediately. If both parties are willing to
utilize this approach, OCR will work with the parties to facilitate
resolution by providing each an understanding of pertinent legal
standards and possible remedies. An agreement reached between the
parties is not monitored by OCR.
8. What are the appeal rights with OCR?
OCR is committed to ensuring that every complaint is appropriately
resolved. If a complainant has questions or concerns about an OCR
determination, he or she may contact the OCR staff person whose name
appears in the complaint resolution letter. The complainant should
address his or her concerns with as much specificity as possible,
focusing on factual or legal questions that would change the resolution
of the case. Should a complainant continue to have questions or
concerns, he or she is advised to contact the Director of the
responsible OCR field office. The Director will review the
appropriateness of the complaint resolution. If the complainant remains
dissatisfied, he or she may appeal to the Deputy Assistant Secretary for
Enforcement.
9. What does noncompliance with Section 504 mean?
A school district is out of compliance when it is violating any
provision of the Section 504 statute or regulations.
10. What sanctions can OCR impose on a school district that
is out of compliance?
OCR initially attempts to bring the school district into voluntary
compliance through negotiation of a corrective action agreement. If OCR
is unable to achieve voluntary compliance, OCR will initiate enforcement
action. OCR may: (1) initiate administrative proceedings to terminate
Department of Education financial assistance to the recipient; or (2)
refer the case to the Department of Justice for judicial proceedings.
11. Who has ultimate authority to enforce Section 504?
In the educational context, OCR has been given administrative
authority to enforce Section 504. Section 504 is a Federal statute that
may be enforced through the Department's administrative process or
through the Federal court system. In addition, a person may at any time
file a private lawsuit against a school district.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend
schools receiving Federal financial assistance. To be protected under
Section 504, a student must be determined to: 1) have a physical or
mental impairment that substantially limits one or more major life
activities; 2) have a record of such an impairment, or 3) be regarded as
having such an impairment. Section 504 requires that school districts
provide a free and appropriate public education (FAPE) to qualified
students in their jurisdictions who have a physical or mental impairment
that substantially limits one or more major life activities.
12. What is a physical or mental impairment that
substantially limits a major life activity?
The determination of whether a student has a physical or mental
impairment that substantially limits a major life activity must be made
on the basis of an individual inquiry. The Section 504 regulation, at 34
C.F.R. 104.3(j)(2)(i), defines a physical or mental impairment as any
physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and endocrine; or any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities. The regulation
does not set forth an exhaustive list of specific diseases and
conditions that may constitute physical or mental impairments because of
the difficulty of ensuring the comprehensiveness of such a list.
Major life activities, as defined in the Section 504 regulation at 34
C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working. This list is not exhaustive. Other functions can
be major life activities for purposes of Section 504.
13. Does the meaning of the phrase "qualified student
with a disability" differ on the basis of a student's educational
level, i.e., elementary and secondary versus postsecondary?
Yes. At the elementary and secondary educational level, a
"qualified student with a disability" is a student with a
disability who is: of an age at which students without disabilities are
provided elementary and secondary educational services; of an age at
which it is mandatory under state law to provide elementary and
secondary educational services to students with disabilities; or a
student to whom a state is required to provide a free appropriate public
education under the Individuals with Disabilities Education Act (IDEA).
At the postsecondary educational level, a qualified student with a
disability is a student with a disability who meets the academic and
technical standards requisite for admission or participation in the
institution's educational program or activity.
14. Does the nature of services to which a student is
entitled under Section 504 differ by educational level?
Yes. Elementary and secondary recipients are required to provide a
free, appropriate public education to qualified students with
disabilities. Such an education consists of regular or special education
and related aids and services designed to meet the individual
educational needs of students with disabilities as adequately as the
needs of students without disabilities are met.
At the postsecondary level, the recipient is required to provide
students with appropriate academic adjustments and auxiliary aids and
services that are necessary to afford an individual with a disability an
equal opportunity to participate in a school's program. Recipients are
not required to make adjustments or provide aids or services that would
result in a fundamental alteration of a recipient's program or impose an
undue burden.
15. Once a student is identified as eligible for services
under Section 504, is that student always entitled to such services?
No. The protections of Section 504 extend only to individuals who
meet the regulatory definition of a person with a disability. If a
recipient school district re-evaluates a student in accordance with the
Section 504 regulation at 34 C.F.R. 104.35 and determines that the
student's mental or physical impairment no longer substantially limits
his/her ability to learn or any other major life activity, the student
is no longer eligible for services under Section 504.
16. Are current illegal users of drugs excluded from
protection under Section 504?
Generally, yes. Section 504 excludes from the definition of a student
with a disability, and from 504 protection, any student who is currently
engaged in the illegal use of drugs (with exceptions for persons in
rehabilitation programs).
17. Are current users of alcohol excluded from protection
under Section 504?
No. Section 504's definition of a student with a disability does not
exclude users of alcohol. However, Section 504 allows schools to take
disciplinary action against students with disabilities using drugs or
alcohol to the same extent as students without disabilities.
EVALUATION
At the elementary and secondary school level, determining whether a
child is a qualified disabled student under Section 504 begins with the
evaluation process. Section 504 requires the use of evaluation
procedures that ensure that children are not misclassified,
unnecessarily labeled as having a disability, or incorrectly placed,
based on inappropriate selection, administration, or interpretation of
evaluation materials.
18. What is
an appropriate evaluation under Section 504?
Recipient school districts must establish standards and procedures
for initial evaluations and periodic re-evaluations of students who need
or are believed to need special education and/or related services
because of disability. The Section 504 regulation, at 34 C.F.R.
104.35(b), requires school districts to individually evaluate a student
before classifying the student as having a disability or providing the
student with special education. Tests used for this purpose must be
selected and administered so as best to ensure that the test results
accurately reflect the student's aptitude or achievement or other factor
being measured rather than reflect the student's disability, except
where those are the factors being measured. Section 504 also requires
that tests and other evaluation materials include those tailored to
evaluate the specific areas of educational need and not merely those
designed to provide a single intelligence quotient. The tests and other
evaluation materials must be validated for the specific purpose for
which they are used and appropriately administered by trained personnel.
19. How much is enough information to document that a student
has a disability?
The
amount of information required is determined by the multi-disciplinary
committee gathered to evaluate the student. The committee should include
persons knowledgeable about the student, the meaning of the evaluation
data, and the placement options. The committee members must determine if
they have enough information to make a knowledgeable decision as to
whether or not the student has a disability. The Section 504 regulation,
at 34 C.F.R. 104.35(c), requires that school districts draw from a
variety of sources in the evaluation process so that the possibility of
error is minimized. The information obtained from all such sources must
be documented and all significant factors related to the student's
learning process must be considered. These sources and factors may
include aptitude and achievement tests, teacher recommendations,
physical condition, social and cultural background, and adaptive
behavior.In evaluating a student suspected of having a disability, it is
unacceptable to rely on presumptions and stereotypes regarding persons
with disabilities or classes of such persons. Compliance with the IDEA
regarding the group of persons present when an evaluation or placement
decision is made is satisfactory under Section 504.
20. What process should a school district
use to identify students eligible for services under Section 504? Is it
the same process as that employed in identifying students eligible for
services under the IDEA?
School districts may use the same process initially to evaluate the
needs of students under Section 504 as they use to evaluate the needs of
students under the IDEA. If school districts choose to adopt a separate
process for evaluating the needs of students under Section 504, they
must follow the requirements for evaluation specified in the Section 504
regulation at 34 C.F.R. 104.35.
21. Must school districts consider "mitigating
measures" used by a student in determining whether the student has
a disability under Section 504?
Yes. A school district must consider a student's use of mitigating
measures in determining whether the student is substantially limited in
a major life activity. "Mitigating measures" are devices or
practices that a person uses to correct for or reduce the effects of
that person's mental or physical impairment. Examples include corrective
eyeglasses and medications. A person who experiences no substantial
limitation in any major life activity when using a mitigating measure
does not meet the definition of a person with a disability and would not
be entitled to FAPE under Section 504.
22. Does OCR endorse a single formula or scale that measures
substantial limitation?
No. The determination of substantial limitation must be made on a
case-by-case basis with respect to each individual student. The Section
504 regulation, at 34 C.F.R. 104.35 (c), requires that a group of
knowledgeable persons draw upon information from a variety of sources in
making this determination.
23. Are there any impairments which automatically qualify a
student for protection under Section 504?
No. An impairment in and of itself does not qualify a student for
protection under Section 504. The impairment must substantially limit
one or more major life activities in order to qualify a student for
protection under Section 504.
24. Can a medical diagnosis suffice as an evaluation for the
purpose of providing FAPE?
No. A physician's medical diagnosis may be considered among other
sources in evaluating a student with a disability or believed to have a
disability which substantially limits a major life activity. Other
sources to be considered, along with the medical diagnosis, include
aptitude and achievement tests, teacher recommendations, physical
condition, social and cultural background, and adaptive behavior.
25. Does a medical diagnosis of an illness automatically
qualify a student for services under Section 504?
No. A medical diagnosis of an illness does not automatically qualify
a student for services under Section 504. The illness
must cause a substantial limitation on the student's ability to learn or
other major life activities. For example, a student who has a physical
or mental impairment would not be considered a student in need of
services under Section 504 if the impairment does not in any way limit
the student's ability to learn or other major life activity, or only
results in some minor limitation in that regard.
26. How should a recipient school district handle an outside
independent evaluation? Do all data brought to a multi-disciplinary
committee need to be considered and given equal weight?
The results of an outside independent evaluation may be one of many
sources to consider. Multi-disciplinary committees must draw from a
variety of sources in the evaluation process so that the possibility of
error is minimized. All significant factors related to the subject
student's learning process must be considered. These sources and factors
include aptitude and achievement tests, teacher recommendations,
physical condition, social and cultural background, and adaptive
behavior, among others. Information from all sources must be documented
and considered by knowledgeable committee members. The weight of the
information is determined by the committee given the student's
individual circumstances.
27. What should a recipient school district do if a parent
refuses to consent to a case study evaluation under the Individuals with
Disabilities Education Act (IDEA), but demands a Section 504 plan for a
student without further evaluation?
Section 504 requires informed parental permission for initial
evaluations. If a parent refuses consent for an initial evaluation and a
recipient school district suspects a student has a disability, the IDEA
and Section 504 provide that school districts may use due process
hearing procedures to override the parents' denial of consent.
28. Who in the evaluation process makes the ultimate decision
regarding a student's eligibility for services under Section 504?
The Section 504 regulation at 34 C.F.R.104.35 (c) (3) requires that
school districtsensure that the determination that a student is eligible
for special education and/or related aids and services be made by a
group of persons, including persons knowledgeable about the meaning of
the evaluation data and knowledgeable about the placement options. If a
parent disagrees with the determination, he or she may request a due
process hearing.
29. Once a student is identified as eligible for services
under Section 504, is there an annual or triennial review requirement?
If so, what is the appropriate process to be used? Or is it appropriate
to keep the same Section 504 plan in place indefinitely after a student
has been identified?
Periodic re-evaluation is required. This may be conducted in
accordance with the IDEA regulation, which requires re-evaluation at
three-year intervals or more frequently if conditions warrant, or if the
child's parent or teacher requests a re-evaluation.
30. Is a Section 504 re-evaluation similar to an IDEA
re-evaluation? How often should it be done?
Yes. Section 504 specifies that re-evaluations in accordance with the
IDEA comply with Section 504. The Section 504 regulation requires that
re-evaluations be conducted periodically. Section 504 also requires a
school district to conduct a re-evaluation prior to a significant change
of placement. OCR considers an exclusion from the educational program of
more than 10 school days a significant change of placement. OCR would
also consider transferring a student from one type of program to another
or terminating or significantly reducing a related service a significant
change in placement.
31. What is reasonable justification for referring a student
for evaluation for services under Section 504?
School districts may always use regular education intervention
strategies to assist students with difficulties in school. Section 504
requires recipient school districts to refer a student for an evaluation
for possible special education or modification to regular education if
the student, because of disability, needs or is believed to need such
services.
32. A student is receiving services that the school district
maintains are necessary under Section 504 in order to provide the
student with an appropriate education. The student's parent no longer
wants the student to receive those services. If the parent wishes to
withdraw the student from a Section 504 plan, what can the school
district do to ensure continuation of services?
The school district may initiate a Section 504 due process hearing to
resolve the dispute if the district believes the student needs the
services in order to receive an appropriate education.
33. A student has a disability referenced in the IDEA, but
does not require special education services. Is such a student eligible
for services under Section 504?
The student may be eligible for services under Section 504. The
school district must determine whether the student has an impairment
which substantially limits his or her ability to learn or other major
life activities and, if so, make an individualized determination of the
child's educational needs for regular or special education or related
aids or services. For example, such a student may receive adjustments in
the regular classroom.
34. How should a recipient school district regard a temporary
impairment?
A temporary impairment does not constitute a disability for purposes
of Section 504 unless its severity is such that it results in a
substantial limitation of one or more major life activities for an
extended period of time. The issue of whether a temporary impairment is
substantial enough to be a disability must be resolved on a case-by-case
basis, taking into consideration both the duration (or expected
duration) of the impairment and the extent to which it actually limits a
major life activity of the affected individual.
PLACEMENT
Once a student is identified as being eligible for regular or special
education and related aids or services, a decision must be made
regarding the type of services the student needs.
35. If a student qualifies for services under both the IDEA
and Section 504, must a school district develop both an individualized
education program (IEP) under the IDEA and a Section 504 plan under
Section 504?
No. If a student is eligible under IDEA, he or she must have an IEP.
Under the Section 504 regulations, one way to meet Section 504
requirements is to comply with IDEA.
36. Must a school district develop a Section 504 plan for a
student who either "has a record of disability" or is
"regarded as disabled"?
No. In elementary and secondary schools, unless a student actually
has a disabling condition that substantially limits a major life
activity, the mere fact that a student has a "record of" or is
"regarded as" disabled is insufficient, in itself, to trigger
those Section 504 protections that require the provision of a free and
appropriate public education (FAPE). The phrases "has a record of
disability" and "is regarded as disabled" are meant to
reach the situation in which a student either does not currently have or
never had a disability, but is treated by others as such.
37. What is the receiving school district's responsibility
under Section 504 toward a student with a Section 504 plan who transfers
from another district?
If a student with a disability transfers to a district from another
school district with a Section 504 plan, the receiving district should
review the plan and supporting documentation. If a group of persons at
the receiving school district, including persons knowledgeable about the
meaning of the evaluation data and knowledgeable about the placement
options determines the plan is appropriate, the district is required to
implement the plan. If the district determines that the plan is
inappropriate, the district is to evaluate the student consistent with
the Section 504 procedures at 34 C.F.R. 104.35 and determine which
educational program is appropriate for the student.
38. What are the responsibilities of regular education
teachers with respect to implementation of Section 504 plans? What are
the consequences if the district fails to implement the plans?
Regular education teachers must implement the provisions of Section
504 plans when those plans govern the teachers' treatment of students
for whom they are responsible. If the teachers fail to implement the
plans, such failure can cause the school district to be in noncompliance
with Section 504.
39. What is the difference between a regular education
intervention plan and a Section 504 plan?
A regular education intervention plan is appropriate for a student
who does not have a disability or is not suspected of having a
disability but may be facing challenges in school. School districts vary
in how they address performance problems of regular education students.
Some districts employ teams at individual schools, commonly referred to
as "building teams." These teams are designed to provide
regular education classroom teachers with instructional support and
strategies for helping students in need of assistance. These teams are
typically composed of regular and special education teachers who provide
ideas to classroom teachers on methods for helping students experiencing
academic or behavioral problems. The team usually records its ideas in a
written regular education intervention plan. The team meets with an
affected student's classroom teacher(s) and recommends strategies to
address the student's problems within the regular education environment.
The team then follows the responsible teacher(s) to determine whether
the student's performance or behavior has improved. In addition to
building teams, districts may utilize other regular education
intervention methods, including before-school and after-school programs,
tutoring programs, and mentoring programs.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural
safeguards regarding the identification, evaluation, or educational
placement of persons who, because of disability, need or are believed to
need special instruction or related services.
40. Must a recipient school district obtain parental consent
prior to initiating a Section 504 evaluation?
Yes. OCR has interpreted Section 504 to require districts to
obtainparental permission for initial evaluations. If a district
suspects a student needs or is believed to need special instruction or
related services and parental consent is withheld, districts may use due
process hearing procedures to override the parents' denial of consent
for an initial evaluation.
41. If so, in what form is consent required?
Section 504 is silent on the form of parental consent required. OCR
has accepted written consent as compliance. IDEA as well as many state
laws also require written consent prior to initiating an evaluation.
42. What can a recipient school district do if a parent
withholds consent for a student to secure services under Section 504
after a student is determined eligible for services?
Section 504 neither prohibits nor requires a school district to
initiate a due process hearing to override a parental refusal to consent
with respect to the initial provision of special education and related
services. Nonetheless, school districts should consider that IDEA no
longer permits school districts to initiate a due process hearing to
override a parental refusal to consent to the initial provision of
services.
43. What procedural safeguards are required under Section
504?
Recipient school districts are required to establish and implement
procedural safeguards that include notice, an opportunity for parents to
review relevant records, an impartial hearing with opportunity for
participation by the student's parents or guardian, representation by
counsel and a review procedure.
44. What is a recipient school district's responsibility
under Section 504 to provide information to parents and students about
its evaluation and placement process?
Section 504 requires districts to provide notice to parents
explaining any evaluation and placement decisions affecting their
children and explaining the parents' right to review educational records
and appeal any decision regarding evaluation and placement through an
impartial hearing.
45. Is there a mediation requirement under Section 504?
No.
TERMINOLOGY
The following terms may be confusing and/or are frequently used
incorrectly in the elementary and secondary school context.
Accommodation: a term correctly used in the
context of public accommodations and facilities; an individual with a
disability may not be excluded, denied services, segregated or otherwise
treated differently than other individuals by a public accommodation or
commercial facility; (term is not to be confused with "reasonable
accommodation," discussed below)
Equal access: equal opportunity of a
qualified person with a disability to participate in or benefit from
educational aids, benefits, or services
Free and appropriate public education (FAPE):
a term used in the elementary and secondary school context; refers to
the provision of regular or special education and related aids and
services that are designed to meet individual educational needs of
students with disabilities as adequately as the needs of students
without disabilities are met and is based upon adherence to procedures
that satisfy the Section 504 requirements pertaining to educational
setting, evaluation and placement, and procedural safeguards
Placement: a term used in the elementary and
secondary school context; refers to regular and/or special educational
program in which a student receives educational and/or related services
Reasonable accommodation: a term used in the
employment context to refer to modifications or adjustments employers
make to a job application process, the work environment, the manner or
circumstances under which the position held or desired is customarily
performed, or that enable a covered entity's employee with a disability
to enjoy equal benefits and privileges of employment; this term is
sometimes used incorrectly to refer to related aids and services in the
elementary and secondary school context or to refer to academic
adjustments and auxiliary aids and services in the postsecondary school
context>
Related services: a term used in the
elementary and secondary school context to refer to developmental,
corrective, and other supportive services, including psychological,
counseling and medical diagnostic services and transportation
http://www.ed.gov/about/offices/list/ocr/504faq.html
U.S.
Department of Education
What is an Accommodation
Accommodations, as related
to school work, is most any item or change in curriculum that will
help a student accomplish a goal that does not significantly change what
the test or school work is intended to measure. Accommodations are
intended to compensate for a disability and not intended to make the
passing of a grade easier. An example would be a verbal test of 10
questions vs. a written test of 30. So long as the student can show they
possess the desired knowledge of the subject material without
substantially changing or ‘dumbing down’ of the material in order to
get a passing grade
Accommodations as relates
to physical disabilities would be items or changes that would allow a disabled student to be
competitive in the regular class but having some accommodation imposed
to equal the playing field or allow for their disability.
Those who use wheelchairs are
entitled to ramps and elevators. Those who are slow to ambulate might
have extra time to get to and from class. Those with sight or hearing
difficulties might be seated toward the front of the class or allowed
tape recorders.
The same is true for
individual’s with learning disabilities.
if
a student had a learning disability that caused them significant
difficulty reading or writing, they may have a peer reader or books on
tape or a voice recognition software so as to be able to function and
learn as best they could in the regular classroom or at home.
School Accommodations
Some students with disabilities need accommodations to
their educational program in order to participate in the general
curriculum and to be successful in school. While the Individuals with
Disabilities Education Act (IDEA) and its regulations do not define
accommodations or modifications, there is some agreement as to what they
mean. An accommodation allows a student to complete the same assignment
or test as other students, but with a change in the timing, formatting,
setting, scheduling, response and/or presentation. This accommodation
does not alter in any significant way what the test or assignment
measures.
A modification is an adjustment to an assignment or a
test that changes the standard or what the test or assignment is
supposed to measure.
Needed modifications and accommodations should be
written into a student’s Individualized Education Program (IEP) or
Section 504 Plan. These changes should be chosen to fit the student’s
individual needs. It’s important to include the student, if
appropriate, when discussing needed accommodations and modifications.
Asking the student what would be helpful is a good first
step.
Here are some ideas for changes in textbooks and
curriculum, the classroom environment, instruction and assignments, and
possible behavior expectations that may be helpful when educating
students with disabilities. When reviewing these ideas, keep in mind
that any accommodations or modifications an IEP team chooses must
be based on the individual needs of students, and the changes must be
provided if included in the child’s IEP.
Some of the following may be considered modifications. I did not
change the list from its original format. But upon review I would
think over 80% would definitely be Accommodations and not
modifications. Talk with your school officials if necessary to make sure
you are asking for the proper assistance whether under a 504 plan or an
IEP and Special Education.
Textbooks and Curriculum
Books
• Provide alternative
books with similar concepts, but at
an easier reading level.
• Provide audiotapes of
textbooks and have the student
follow the text while listening.
• Provide summaries of
chapters.
• Provide interesting
reading material at or slightly above
the student’s comfortable reading level.
• Use peer readers.
• Use marker to highlight
important textbook sections.
• Use word-for-word
sentence fill-ins.
• Provide two sets of
textbooks, one for home and one
for school.
• Use index cards to
record major themes.
• Provide the student with
a list of discussion questions
before reading the material.
• Give page numbers to
help the student find answers.
• Provide books and other
written materials in alternative
formats such as Braille or large print.
Curriculum
• Shorten assignments to
focus on mastery of key
concepts.
• Shorten spelling tests
to focus on mastering the most
functional words.
• Substitute alternatives
for written assignments (clay
models, posters, panoramas, collections, etc.).
• Specify and list exactly
what the student will need to
learn to pass. Review this frequently.
• Modify expectations
based on student needs (e.g.,
“When you have read this chapter, you should be
able to list three reasons for the Civil War.”).
• Give alternatives to
long written reports (e.g., write
several short reports, preview new audiovisual materials
and write a short review, give an oral report on an
assigned topic).
Classroom Environment
• Develop individualized
rules for the student.
• Evaluate the classroom
structure against the student’s
needs (flexible structure, firm limits, etc.).
• Keep workspaces clear of
unrelated materials.
• Keep the classroom quiet
during intense learning times.
• Reduce visual
distractions in the classroom (mobiles,
etc.).
• Provide a computer for
written work.
• Seat the student close
to the teacher or a positive role
model.
• Use a study carrel.
(Provide extras so that the student
is not singled out.)
• Seat the student away
from windows or doorways.
• Provide an unobstructed
view of the chalkboard,
teacher, movie screen, etc.
• Keep extra supplies of
classroom materials (pencils,
books) on hand.
• Use alternatives to
crossword puzzles or word finds.
• Maintain adequate space
between desks.
Instruction and Assignments
Directions
• Use both oral and
printed directions.
• Give directions in small
steps and in as few words as
possible.
• Number and sequence the
steps in a task.
• Have student repeat the
directions for a task.
• Provide visual aids.
• Show a model of the end
product of directions (e.g., a
completed math problem or finished quiz).
• Stand near the student
when giving directions or
presenting a lesson.
Time/transitions
• Alert student several
minutes before a transition from
one activity to another is planned; give several
reminders.
• Provide additional time
to complete a task.
• Allow extra time to turn
in homework without penalty.
• Provide assistance when
moving about the building.
Handwriting
• Use worksheets that
require minimal writing.
• Use fill-in questions
with space for a brief response
rather than a short essay.
• Provide a “designated
note-taker” or photocopy of
other student or teacher notes. (Do not require a poor
note-taker or a student with no friends to arrange with
another student for notes.)
• Provide a print outline
with videotapes and filmstrips.
• Provide a print copy of
any assignments or directions
written on the blackboard.
• Omit assignments that
require copying, or let the
student use a tape recorder to dictate answers.
Grading
• Provide a partial grade
based on individual progress or
effort.
• Use daily or frequent
grading averaged into a grade for
the quarter.
• Weight daily work higher
than tests for a student who
performs poorly on tests.
• Mark the correct answers
rather than the incorrect
ones.
• Permit a student to
rework missed problems for a
better grade.
• Average grades out when
assignments are reworked,
or grade on corrected work.
• Use a pass-fail or an
alternative grading system when
the student is assessed on his or her own growth.
Tests
• Go over directions
orally.
• Teach the student how to
take tests (e.g., how to
review, to plan time for each section).
• Provide a vocabulary
list with definitions.
• Permit as much time as
needed to finish tests.
• Allow tests to be taken
in a room with few distractions
(e.g., the library).
• Have test materials read
to the student, and allow oral
responses.
• Divide tests into small
sections of similar questions or
problems.
• Use recognition tests
(true-false, multiple choice, or
matching) instead of essays.
• Allow the student to
complete an independent project
as an alternative test.
• Give progress reports
instead of grades.
• Grade spelling
separately from content.
• Provide typed test
materials, not tests written in
cursive.
• Allow take-home or
open-book tests.
• Provide possible answers
for fill-in-the blank sections.
• Provide the first letter
of the missing word.
Math
• Allow the student to use
a calculator without penalty.
• Group similar problems
together (e.g., all addition in
one section).
• Provide fewer problems
on a worksheet (e.g., 4 to 6
problems on a page, rather than 20 or 30).
• Require fewer problems
to attain passing grades.
• Use enlarged graph paper
to write problems to help
the student keep numbers in columns.
• Provide a table of math
facts for reference.
• Tape a number line to
the student’s desk.
• Read and explain story
problems, or break problems
into smaller steps.
• Use pictures or
graphics.
Other
• Use Post-it notes to
mark assignments in textbooks.
• Check progress and
provide feedback often in the first
few minutes of each assignment.
• Place a ruler under
sentences being read for better
tracking.
• Introduce an overview of
long-term assignments so the
student knows what is expected and when it is due.
• Break long-term
assignments into small, sequential
steps, with daily monitoring and frequent grading.
• Have the student
practice presenting in a small group
before presenting to the class.
• Hand out worksheets one
at a time.
• Sequence work, with the
easiest part first.
• Use black-line copies,
not dittos.
• Provide study guides and
study questions that directly
relate to tests.
• Reinforce student for
recording assignments and due
dates in a notebook.
• Draw arrows on
worksheets, chalkboard, or
overheads to show how ideas are related, or use other
graphic organizers such as flow charts.
Behavior
• Arrange a “check-in”
time to organize the day.
• Pair the student with a
student who is a good behavior
model for class projects.
• Modify school rules that
may discriminate against the
student.
• Use nonverbal cues to
remind the student of rule
violations.
• Amend consequences for
rule violations (e.g., reward a
forgetful student for remembering to bring pencils to
class, rather than punishing the failure to remember).
• Minimize the use of
punishment; provide positive as
well as negative consequences.
• Develop an
individualized behavior intervention plan
that is positive and consistent with the student’s ability
and skills.
• Increase the frequency
and immediacy of reinforcement.
• Arrange for the student
to leave the classroom voluntarily and go to a designated “safe place”
when under
high stress.
• Develop a system or a
code word to let the student
know when behavior is not appropriate.
• Ignore behaviors that
are not seriously disruptive.
• Develop interventions
for behaviors that are annoying
but not deliberate (e.g., provide a small piece of foam
rubber for the desk of a student who continually taps a
pencil on the desktop).
• Be aware of behavior
changes that relate to medication
or the length of the school day; modify expectations if
appropriate.
This list is provided courtesy of the PACER Center, Inc. 8161 Normandale
Blvd., Minneapolis, MN 55437
This list is not a
complete list of all accommodations or modifications that can be made under a
504 plan or an IEP and Special Education. You need to work with your IEP team
to decide what is best for your child. Note that most of the above listed
items are accommodations and not modifications.
For more information of
the 504 plan and accommodations please look at this page:
Parent & Educator Guide to the 504
You will find a summary
of the 504 as well as real life examples of 504 accommodations.
Ok
Something you absolutely have to take note of:
Though the 504 plan is
under the ADA and its authority is administered by the OCR you have to realize
this is a mandate of the Federal Government that really has no teeth. By that
I mean that so long as a school follows 'procedure' whatever they decide is OK
with the OCR.
The OCR only gets
involved if there have been 'procedural violations'.
In other words, so
long as the school goes through the motions... Does an evaluation in the
required time, makes recommendations and gets you into a meeting within the
required time and yes even acts on any dispute you may have within a
reasonable timeframe. The school has met its obligation as far as the OCR is
concerned.
This is a law that has
no enforcement power unless the school system fails to follow 'procedure'. So
though most schools will work with you to implement things to help your child
they really do not have to, and unless they fail to follow procedure you have
only the ability to file a dispute with the school district and have it heard
before a supposed impartial hearing administrator.
Now normally much can be
had under a 504 plan but whatever you get, is at the mercy of the school
administrators cause they know the law and they know that so long as they
follow procedure that the OCR will not get involved in individual accommodations.
You will need to present a credible argument on your Childs behalf and hope
your school district is accommodating.
Your next choice would
be an IEP and Special Education. Here you have far more power, choices and remedies
should you feel the school is not providing what your child needs. Only you
can make the decision of how you want to tackle a given situation. I can only
provide as much information as I can to help you make that decision.
Make a secure donation/gift through Paypal by clicking on the
link below:
Or you can make a donation manually by following one of the steps below.
Donations/Gifts are graciously
accepted, Just log on to www.Paypal.com ,
Click "Send Money" tab and follow the instructions to send money from
an existing Paypal account or by any major Credit Card. Use the email address
below to make a Donations/Gifts on Paypal.
All email addresses
are in javascript you need to have scripts enabled to see them.
If you do not see an email address it
is because you need to enable javascripts. The email is in javascript to foil
the spambots.
You can also mail a Donation/Gift to
Tami Taormina
P.O. Box 4463
Spanaway, WA. 98387
If you have a site that deals with any disabilities then consider either joining CPFSN.org (it is totally free) and having a link to your site on the appropriate page (e.g. State, County) as well as the ‘Members’ page and the disabilities links page.
Or doing a simple link exchange and having your site appear on the ‘CP Family’ links page, if you or your child has CP or any disability. Your site does not have to be about any disability so long as you or your child has a disability.
If you do not have a disability or a child with a disability but have a site devoted to any disability you can have a reciprocal link placed on the disability links page
If you do not have a disability or have a site devoted to any disability you can still have a reciprocating link placed on the Non-CP other links page. A link exchange would not only show your support of this site but would increase your ranking with search through having another outside link (SEO).
Use the ‘Contact Us’ page and email Robert if you are interested in any link exchange or joining CPFSN.org. Send the information of the site you want us to link to and the Title and information as well as the URL you would like entered. I cannot guarantee that all requests will be honored but I will take a personal look and make a fair and unbiased decision. To speed up the process have a link to my site on yours and send me the URL. Our preferred links can be found on any of our links pages (left nav-bar)
|
2007
-2010