|
Before we get into this material I would like to point
out a few things.
1. Though this guide was prepared for use by those
in Washington State by the OSPI (Office Superintendent Public
Instruction) and five Puget Sound Area School Districts, The contents
would be valid anywhere U.S.A.
2. The information of accommodations on Appendix E are
in no way complete nor are they all that you can have for any specific
child. You can mix and match according to your child's needs and things
can be added or subtracted as needed.
3. What you will get from your school will be dependant
on how well you are able to advocate for your child. Keep in mind that
all the Federal Government requires is that the schools follow procedure
they do not get involved with individual placement. If procedure has
been violated you can file a complaint with OCR (Office of Civil Rights). If
you have a grievance about a specific item(s) you feel your child is
being denied unfairly, you can file a due process complaint with the District but like as not
you will be denied if the school can prove that anything you have asked
for places an undue burden on the school. I know the law states that the
school cannot discriminate due to their financial burden but any
mediator will take into account the cost as well as the viability of
what you are asking for. So my advice is if you can get the
accommodations you want through the 504, go for it, but if not get an
IEP and qualify your child under SPED as then the school will get
Federal funding and you will get considerably more. The School can
actually request more money from the Feds for specific needs like PT,
OT, Tutors, Aides and the like if your child qualifies under an IEP and
SPED.
4. Puget Sound Area Schools use this guide almost
exclusively when determining eligibility and what services they will
provide. Some refer to this guide as the 'Bible" of 504 plan
educators. That does not mean that you can't ask for something not in
print in this guide. It also does not mean that all that is on these
pages are all that you can get if you have a child with a valid 504
need.
5. Remember YOU are your Childs best advocate so be
informed and read everything you can so that you will be better prepared
to fight for your Childs rights. I would suggest you print out appendix
E or this whole document and highlight that which relates to your child
and use this information to fight for your child. The accommodations
contained herein have actually been implemented for a child or have been
included as a viable 504 plan accommodation by the OSPI and 5 Districts
in Washington State. I would therefore think they could be applied to
any child with a valid need. So do your homework and use this 'Bible' to
fight for your child.
6. If nothing else read the sections under Introduction
to Appendix A. You can skip Appendix A through D if you'd like but Please read
APPENDIX E as it will be of the most benefit to you and your child. You
can use the links to jump to those sections and use the (Return to Top)
in the bottom right of all pages of this site.
I REALLY SUGGEST you print out and underline
what relates to your child and take it with you to your 504 plan
meeting. Use it as a guide and a tool to get what you need for your
child. For those of you unfamiliar with how to print a selection, just
left click and highlight the selection you want to print. Then right click
on the selected area and hit print. When the printer utility program
shows up just check the box that says print selection and hit apply, OK
and print.
I know this document is long but you need to be knowledgeable
in every aspect of this document as well as others on this site to have
a fighting chance for your child.
Jim Rich
Director of Program Development & Review
Puget Sound ESD
November 2002
****************************************************************
Table of Contents
Acknowledgements
Introduction
A Parent and Educator Guide to FAPE under
Section 504
IDEA and Section 504 Comparison
Section 504 Process Flow Chart
Section 504 Process
Section 504 - FAQ's
Resources on Section 504
APPENDIX A
Sample Section 504 Board Policy
APPENDIX B
Sample Complaint Procedure
Sample Section 504 Complaint Form
Sample Section 504 Impartial Hearing Procedure
APPENDIX C
Sample Section 504 Coordinator
Job Description
Sample Section 504 Building Designee Job
Description
APPENDIX D
Sample Section 504 Forms
Referral Forms
Notice of Action/Parent Consent
Parent Rights
Eligibility Forms
Section 504 Plans
504 Manifestation Report
APPENDIX E
Sample Accommodations
*********************************
Acknowledgements
Various materials from school districts in
the state of Washington and OSPI have been
used in the development of this reference
document. Puget Sound ESD gratefully acknowledges
the following school districts for sharing
with us their Section 504 materials for use
in the development of this publication:
South Kitsap School District
Highline School District
Kent School District
Mount Vernon School District
Issaquah School District.
This manual is distributed for informational
and resource purposes only and does not represent
legal advice. Consult with your own counsel
prior to taking any final action.
This manual or any part of the manual may
be reproduced for educational purposes without
permission of the authors.
*********************************************
Introduction
A Parent and Educator Guide
to
Free Appropriate Public Education
(Under Section 504 of the Rehabilitation
Act of 1973)
This guide describes the requirements of
Section 504 of the Rehabilitation Act of
1973 as it applies to a public school district's
duty to provide a free appropriate public
education (FAPE) to students with disabilities.
This guide is designed to assist parents
and educators to understand what Section
504 is, what it requires in terms of FAPE,
and how it should be implemented.
What is Section 504?
Section 504 is a federal civil rights law
that is designed to eliminate disability
discrimination in programs and activities
that receive federal funds. Since all public
school districts receive federal funds, all
public school districts must comply with
Section 504. Under Section 504, denying a
disabled student a free appropriate public
education constitutes disability discrimination.
Who is a Disabled Student Under Section 504?
A school-aged student is a disabled student
under Section 504 if the student:
· Has a physical or mental impairment
Physical or mental impairment means any physiological
or psychological disorder or condition. The
definition of physical or mental impairment
under Section 504 is broad, includes students
with life threatening health conditions (conditions
that will put a student in danger of death
during the school day if a medication or
treatment order and a nursing plan are not
in place), and is not limited to any specific
diseases or categories of medical conditions.
· That substantially limits
Substantially limits means significantly
restricts as to the condition, manner or
duration under which a student can perform
a major life activity as compared to how
a non-disabled age/grade peer can perform
the same activity. As a general rule, a student
with a physical or mental impairment who
is able to participate in and benefit from
a district's education program (e.g., attend
school, achieve passing grades, advance from
grade to grade, and meet age/grade appropriate
standards of personal independence and social
responsibility) without the provision of
special education or related aids or services,
is not a disabled student under Section 504.
· One or more major life activities
Major life activities include but are not
limited to the following: walking, seeing,
hearing, speaking, breathing, learning, attending
school, caring for one's self, performing
manual tasks, and behavior.
What is a Free Appropriate Public Education
Under Section 504?
A free appropriate public education is an
education that is designed to meet a disabled
student's individual educational needs and
is based upon procedures that satisfy Section
504's identification, evaluation, placement,
and due process requirements. An appropriate
education can consist of education in regular
classes, education in regular classes with
related aids or services, special education,
or a combination of such services. The definition
of related aids and services under Section
504 is broad and includes any service that
a student needs to participate in and benefit
from a district's education program. Related
aids and services include but are not limited
to the following: school health services; counseling; environmental, instructional
and behavioral accommodations; and transportation.
What Does "Appropriate" Mean?
"Appropriate" means designed to
meet the individual educational needs of
a disabled student as adequately as the needs
of non-disabled students are met. It does
not mean that a district must maximize a
disabled student's potential or provide "the
best" education program that it can
design for a disabled student. It means that
a district must provide sufficient individualized
services to enable a disabled student to
receive educational benefit (i.e., not maximum
benefit, not minimal benefit, some benefit).
Who Can Refer a Student for a Section 504
Evaluation?
Any person can refer a student for evaluation
under Section 504. Parents, guardians, and
school staff should refer a student for evaluation
if they know or suspect that, due to a physical
or mental impairment, a student needs special
education or related aids or services to
participate in or benefit from a district's
education program.
What Should a District Do When it Receives
a Section 504 Referral?
After receiving a Section 504 referral, a
district should decide whether to evaluate
the student and must notify the student's
parent or guardian of its decision. As a
general rule, a district should evaluate
a referred student if the district knows
or suspects that the student, because of
a disability, is not attending school, achieving
passing grades, advancing from grade to grade,
meeting age/grade appropriate standards of
personal independence or social responsibility,
or otherwise needs special education or related
aids or services to participate in or benefit
from the district's education program.
What is an Evaluation Under Section 504?
Evaluations under Section 504 are individually
designed. A Section 504 evaluation may be
broad (including aptitude and achievement
data, medical and psychological data, social
and cultural information, and more) or narrow
(medical data). A Section 504 evaluation
may be conducted by a district or conducted
by an outside agency and reviewed by a district.
It is the responsibility of a district to
determine the scope of each student's Section
504 evaluation. As a general rule, the scope
of a student's Section 504 evaluation should
be broad enough to enable the district to
determine whether a student is disabled under
Section 504 and, if so, what educational
and related aids and services the student
needs to receive a FAPE.
What Placement Procedures Does Section 504
Require?
Placement under Section 504 means services
- the educational and related aids and services
that a student needs to receive FAPE. Placement
decisions under Section 504 must be documented,
based upon a student's evaluated needs, and
made by persons knowledgeable about the student,
the meaning of the student's evaluation data,
and placement options. In addition, placement
decisions must ensure that disabled students
are educated in the least restrictive appropriate
placement.
What Due Process Rights Do Parents and Guardians
Have Under Section 504?
Section 504 gives parents and guardians the
right to challenge district decisions regarding
the identification, evaluation and educational
placement of their child. Under Section 504,
a district must notify a student's parent
or guardian before it takes any action regarding
the identification, evaluation, or placement
of their child and provide the parent or
guardian an opportunity to challenge the
action if they disagree. "Any action"
includes a decision not to evaluate a student
and denial of placement. The minimum necessary
due process rights include: prior notice
of any action; a right to inspect records;
an impartial hearing with a right to representation
by counsel; and a review procedure.
Must Parents or Guardians Consent Prior to
Initial Evaluations and Initial Placements
Under Section 504?
Yes. Under Section 504, a district must obtain
parent or guardian consent in two circumstances:
before a child's initial evaluation (the
first time a child is evaluated by any district)
and before a child's initial placement (the
first time a child is placed on a Section
504 Plan in any district). If a parent or
guardian refuses consent to either initial
evaluation or initial placement, a district
may, but is not required to, initiate a Section
504 due process hearing to override the refusal
to consent. A district must notify a parent
or guardian, but need not obtain consent,
before it re-evaluates or significantly changes
a student's placement.
What is a Section 504 Plan?
A Section 504 plan is a written plan that
describes the educational and related aids
and services that a district determines a
student needs to receive a FAPE. The content
of a Section 504 Plan is fluid and may change
within a school year or between school years
as a student's needs and services change.
For a student whose only disability is a
life threatening health condition, an individual
health plan or nursing care plan may serve
as the student's Section 504 plan. A district
must provide the services identified in a
student's Section 504 plan.
What Is a Section 504 Team?
A Section 504 team makes decisions regarding
the evaluation and placement of students
under Section 504. For example, a Section
504 team determines the scope of Section
504 evaluations, decides which students are
disabled under Section 504, develops Section
504 Plans, and makes "manifestation
determinations" for purposes of disciplinary
exclusion from school. A district may have
a district-level Section 504 team that makes
district-level Section 504 decisions, building-level
Section 504 teams that make building-level
Section 504 decisions, or a combination of
both district-level and building-level Section
504 teams.
Who Should Be on a Section 504 Team?
The membership of a Section 504 team will
vary depending upon the needs of each student.
For example, a nurse may be on the Section
504 team of a student with a life threatening
health condition, and a psychologist may
be on the Section 504 team of a student with
a behavioral disorder. The composition of
a Section 504 team is fluid and may change
within a school year or between school years
as a student's needs and services change.
A Section 504 team must consist of at least
two people and must include persons knowledgeable
about the student, the meaning of the student's
current evaluation data, and placement options.
How is Section 504 Enforced?
The U.S. Department of Education enforces
Section 504 through the Office for Civil
Rights (OCR). OCR investigates individual
complaints of disability discrimination,
including complaints that a district is denying
a disabled student FAPE. OCR also provides
training and technical assistance to state
education agencies, educational service districts,
schools districts, and parents. OCR's focus
is on the process a district follows to identify,
evaluate, and provide an educational placement
to a disabled student, and to provide procedural
due process to the student's parent or guardian.
Except in extraordinary circumstances, OCR
will not review the result of individual
placement and other educational decisions,
as long as a district complies with Section
504's procedural requirements regarding identification,
evaluation, placement, and due process. The
proper forum for pure educational disputes,
in which a district has followed the correct
process to make an educational decision but
the parents or guardian disagree with the
result of the decision, is a Section 504
due process hearing.
Who Conducts a Section 504 Due Process Hearing?
A district should select a hearing officer
who is impartial (e.g., has no professional
or personal interest that would bias his
or her judgment of the case) and has some
training in Section 504 and how it applies
to FAPE. A list of possible hearing officers
may be obtained from Puget Sound ESD, 206-439-6936.
The Bottom Line
Once a district has determined that a student
is disabled under Section 504, the district
must provide whatever services it decides
the student needs to participate in and benefit
from the district's education program. As
a general rule, a district is under no obligation
to provide a service that a student's parent
or guardian or doctor requests unless, in
the district's determination, the student
needs the service.
IDEA AND SECTION 504
- A COMPARISON -
COMPONENT IDEA SECTION 504
WHAT IS IT?
A federal funding law and regulation. A federal
civil rights law and regulation.
WHAT IS ITS PURPOSE?
To provide federal funds to state education
agencies and districts to educate disabled
students. To eliminate disability discrimination
in all programs and activities that receive
federal funds.
WHO IS A "DISABLED STUDENT"?
Both regulations provide protections to "disabled
students" but each regulation defines
"disabled student" differently.
Section 504 defines "disabled student"
more broadly than does IDEA.
Defines disabled student as a child aged
3-21 who has one or more of 13 specific disabilities
(i.e., autism, deaf-blindness, deafness,
emotional disturbance, hearing impairment,
mental retardation, multiple disabilities,
orthopedic impairment, other health impairment,
specific learning disability, speech or language
impairment, traumatic brain injury, and visual
impairment, including blindness) and, due
to disability, needs special education. Defines
disabled student as a school-aged child who
has a physical or mental impairment that
substantially limits a major life activity
(e.g., walking, seeing, hearing, speaking,
breathing, learning, attending school, caring
for one's self, performing manual tasks,
and behavior) and, due to disability, needs
special education or related aids or services.
WHAT IS A "FREE APPROPRIATE PUBLIC EDUCATION" (FAPE)?
Both regulations require a district to provide
FAPE to each student in its jurisdiction
but each regulation defines FAPE differently.
Section 504 defines FAPE more broadly than
does IDEA.
Defines FAPE as special education and related
services. Students can receive related services
under IDEA only if they need related services
to benefit from special education. Defines
FAPE as regular or special education and
related aids and services. Students can receive
related aids and services under Section 504
even if they are not provided any special
education.
WHAT DOES "APPROPRIATE" MEAN?
Both regulations interpret "appropriate"
to mean sufficient individualized services
to enable a disabled student to receive educational
benefit (i.e., not maximum benefit, not minimal
benefit, some benefit).
HOW IS FAPE DELIVERED?
Both regulations require that FAPE be delivered
through an individualized education program.
Section 504 defines individual education
program with less specificity than does IDEA.
Requires a written individual education plan
(IEP) with specific content developed by
specific participants at an IEP meeting.
Requires a documented Section 504 Plan developed
by a group of persons knowledgeable about
the student, the meaning of the student's
evaluation data, and placement options.
WHO CAN REFER A STUDENT FOR EVALUATION?
Both regulations contain a child find component,
and allow any person (e.g., parents, guardians,
school staff, etc.) to refer a student for
evaluation.
WHAT SHOULD A DISTRICT DO WITH A REFERRAL?
Both regulations require a district to decide
whether to evaluate a referred student and
to notify a student's parent or guardian
of its decision. As a general rule, under
both regulations, a district should evaluate
a referred student if it knows or suspects
that the student is a "disabled student."
WHAT EVALUATION PROCEDURES ARE REQUIRED?
Both regulations require that tests and other
evaluation materials:a. be validated for
the specific purpose for which they are used;b.
be administered by trained personnel in conformance
with the instructions provided by their producer;c.
include those tailored to assess specific
areas of educational need; andd. be selected
and administered to assure that the test
results accurately reflect whatever factors
the tests purport to measure.
Requires that re-evaluations be conducted
at least every 3 years. Requires periodic
re-evaluations. The IDEA schedule satisfies
Section 504.
Provides for independent educational evaluations
at district expense if a parent or guardian
disagrees with a district's evaluation and
either the district or a hearing officer
agrees. Does not provide for independent
educational evaluations at district expense.
However, a district must carefully consider
any such evaluations presented.
WHAT PLACEMENT PROCEDURES ARE REQUIRED?
Both regulations require that, when interpreting
evaluation data and making a placement decision,
a district must:a. draw upon information
from a variety of sources;b. assure that
all information is documented and considered;c.
ensure that the eligibility decision is made
by a group of persons including those who
are knowledgeable about the child, the meaning
of the evaluation data and placement option;
andd. ensure that the student is educated
with his/her non-disabled peers to the maximum
extent appropriate (i.e. in the least restrictive
appropriate environment).
Requires an IEP meeting before any change
in placement. Requires a re-evaluation before
any "significant change in placement."
IS PARENT OR GUARDIAN CONSENT EVER REQUIRED?
Both regulations require a parent or guardian
to consent prior to a student's initial evaluation
and initial placement. IDEA alone requires
consent prior to re-evaluations.
WHAT DUE PROCESS RIGHTS DO PARENTS AND GUARDIANS
HAVE?
Both regulations require a district to notify
a student's parent or guardian before the
district takes any action regarding the identification,
evaluation or placement of their child. IDEA
procedures satisfy Section 504.
Requires written prior notice and specific
content to be included in the notice. Allows
oral prior notice, but a district is wise
to provide notice in writing.
WHAT KIND OF GRIEVANCE PROCEDURE IS REQUIRED?
Requires each state education agency (OSPI)
to have a special education grievance procedure,
commonly called a citizen complaint procedure.
Requires each district to have an internal
Section 504 grievance procedure for parents
and guardians, students, and employees.
WHAT KIND OF HEARING PROCEDURE IS REQUIRED?
Both regulations require a district to provide
an impartial due process hearing procedure
for parents or guardians who disagree with
the identification, evaluation, or placement
of their child.
WHO CONDUCTS A DUE PROCESS HEARING?
Requires each state education agency (OSPI)
to conduct such hearings through a state
office of hearings. Allows either state education
agencies or districts to conduct such hearings
(in WA, districts conduct such hearings).
HOW IS IT ENFORCED?
Enforced by the U.S. Department of Education,
Office of Special Education Programs (OSEP).
Enforced by the U.S. Department of Education,
Office for Civil Rights (OCR).
Each state education agency (OSPI) and OSEP
monitors compliance through complaint investigations
and compliance reviews. OCR monitors compliance
through complaint investigations. The state
education agency (OSPI) has no monitoring,
complaint resolution, or funding involvement.
Section 504 Process
Flow Chart

*Indicates meetings that require the participation
of
(1) a person knowledgeable about disability/evaluation
data;
(2) a person
who is knowledgeable about the student; and
(3) a person who is knowledgeable about placement
options.
Section 504 Process
1. Concern
A student, parent, teacher, counselor, or
administrator has a concern that a student
may need support. Strategies are developed
and implemented to address the concern.
2. Referral to the Student Support Team (SST)
If the strategies are not successful, the
concerned individual should complete the
SST referral form. The referral form documents
the original concern, the strategies implemented
to address the concern and the outcome of
the strategies.
3. Decision to Evaluation
The SST reviews the referral, the student's
file, and the strategies implemented so far,
and consults with teachers, parents, student,
peers, or anyone who has information. The
SST decides whether it appears the student
might have a disability or other need.
If the SST believes that the student may
be eligible under IDEA or may be an English
language learner or have other needs, the
SST refers the student for evaluation under
those processes.
If the student appears to have a disability
under 504, the SST gives the parents a Notice
of Action and Rights and refers the student
for evaluation. The parents must provide
consent prior to this initial evaluation.
If the SST decides the student does not appear
to have a disability, the SST suggests other
strategies for resolving the concern and
gives the parents a Notice of Action and
Rights.
4. Evaluation
Once the parents have provided consent for
evaluation, at least one expert in the area
of the student's suspected disability evaluates
the student. The parents may also choose
to have their own expert evaluate the student
in addition to the district's expert, at
their own expense.
5. Eligibility Decision
A 504 Team is convened to review the evaluation
data and decide if the student is eligible
under Section 504. At that time, the 504
Team fills out the Section 504 Eligibility
Determination Form. The 504 Team must include
persons knowledgeable about the student,
the evaluation data, and placement options.
In making its eligibility decision, the 504
Team must consider information from a variety
of sources, including any relevant information
submitted by the parents. The student is
eligible if the student has an impairment
that substantially limits a major life activity.
The 504 Team can also refer the student for
IDEA, ELL, or other evaluation if appropriate.
If the 504 Team determines that the student
is eligible under 504, the 504 Team gives
the parents a Notice of Action and Rights
and the 504 Team convenes to develop a 504
Plan.
If the 504 Team decides that the student
is not eligible, the 504 Team gives the parents
a Notice of Action and Rights and suggests
other strategies for resolving the underlying
concern.
6. Develop a 504 Plan
Once a student is found eligible under Section
504, the 504 Team convenes to develop a 504
Plan. The 504 Plan can be developed at the
same time that eligibility is established
if the 504 Team wishes. The 504 Plan describes
the student's needs and what services or
modifications will be provided to address
the student's needs. The 504 Team gives the
parents a Notice of Action and Rights and
a copy of the 504 Plan. The district must
receive consent from the parents for initial
placement.
7. Review Plan
The 504 Team will convene annually to review
the 504 Plan to ensure that the 504 Plan
is meeting the student's needs. If the 504
Team decides that the 504 Plan needs to be
modified, the 504 Team gives the parents
a Notice of Action and Rights.
8. Reevaluation
The 504 Team must periodically reevaluate
the student to determine if the student is
still eligible or if the student has additional
needs. Before a reevaluation, the 504 Team
gives the parent a Notice of Action and Rights.
Reevaluations must occur at least every three
years or before any significant change in
placement. Changes in placement include the
discontinuation of services, changes of services,
and long-term suspensions and expulsions.
Section 504 - FAQs
What is "discrimination" under
Section 504?
Discrimination occurs when a district, based
on disability:
· denies a disabled student the opportunity
to participate in or benefit from an aid,
benefit, or service which is afforded to
non-disabled students (e.g., denies credit
to a student whose absenteeism is related
to his disability, expels a student for behavior
related to his disability, fails to dispense
medication, or provide an individual health
plan or nursing care plan to a disabled student
who cannot attend school without such services);
· fails to afford a disabled student an opportunity
to participate in or benefit from an aid,
benefit, or service that is equal to that
afforded to non-disabled students (e.g.,
conditions a disabled student's participation
in a field trip on the student's parent or
guardian attending the trip, refuses to allow
an otherwise qualified disabled student to
try out for an interscholastic athletic team);
· fails to provide aids, benefits, or services
to a disabled student that are as effective
as those provided to non-disabled students
(e.g., fails to provide a disabled student
necessary environmental, instructional or
behavioral accommodations or another related
aid or service, fails to provide a disabled
student necessary study skills instruction
or another special education service);
· provides different or separate aids, benefits
or services than are provided to non-disabled
students unless there is a legitimate, nondiscriminatory
reason for doing so (e.g. requires all disabled
students to use special education transportation,
segregates all disabled students in portable
classrooms, requires all disabled students
to use a different recess period);
· denies a disabled student the opportunity
to participate in programs or activities
that are not separate or different unless
there is a legitimate and nondiscriminatory
reason for doing so (e.g., denies all disabled
students the opportunity to eat meals in
the school cafeteria, prohibits all disabled
students from participating in full day kindergarten,
refuses to allow any disabled students to
enroll in regular physical education classes);
· denies a disabled student the opportunity
to participate as a member of a planning
or advisory board (e.g., denies disabled
students the opportunity to participate in
student government);
· otherwise limits a disabled student in the
enjoyment of any right, privilege, advantage,
or opportunity enjoyed by others (e.g., denies
all disabled students admission under school
choice);
· aids or perpetuates discrimination by providing
significant assistance to an agency, organization,
or person that discriminates on the basis
of disability (e.g., sponsors a non-district
organization that excludes disabled students);
and
· selects the site or location of a facility
that has the effect of excluding disabled
students from, denying them the benefits
of, or otherwise subjecting them to discrimination
under any program or activity (e.g., selects
an inaccessible facility in which to hold
school plays, concerts, or athletic competitions).
What is a "legitimate and nondiscriminatory"
reason to treat a student differently, based
on disability, under Section 504?
Treating a student differently, based on
disability, is "legitimate and nondiscriminatory"
under Section 504 if doing so is:
(1) based on a legally sufficient reason
(e.g., doing so is educationally justified);
and
(2) supported by the facts (e.g., based
on the student's education records and other
information). For example, it is legitimate
and nondiscriminatory to deny a disabled
student enrollment in a general education
class, based on the student's disability,
if:
(1) even with the provision of related aids
and services, the student would be unable
to participate in or benefit from the class;
and
(2) the student's education records and
other information support the reason.
When does an impairment "substantially
limit" a student's major life activity?
Though Section 504 does not define the term
"substantially limit," the term
should be interpreted to mean an important
and material limitation. For example:
· a student with a diagnosed learning disability
whose academic performance is within the
norm for his age/grade is not substantially
limited in the major life activity of learning;
· a student with ADHD who is not removed from
school for disciplinary reasons more than
10 school days in a school year is not substantially
limited in the major life activity of behavior;
· a student with a food allergy who is not
in danger of having an anaphylactic reaction
during the school day is not substantially
limited in the major life activity of breathing;
and
· a student with a hearing impairment who has
sufficient residual hearing to participate
in and benefit from school without related
aids or services is not substantially limited
in the major life activity of hearing.
Is a district required to provide FAPE to
a student who "has a record of disability"
or is "regarded as disabled?"
No. A district is required to provide FAPE
to those students who have a physical or
mental impairment that currently substantially
limits a major life activity. The fact that
a student "has a record of disability"
or is "regarded as disabled" does
not trigger a district's duty to provide
FAPE. A district's duty to a student who
"has a record of a disability"
or is "regarded as disabled" is
to protect the student from discrimination
(e.g., it would be discriminatory for a district
to prohibit a student who has a record of
drug addiction, but is not currently engaging
in the illegal use of drugs, from participating
in an interscholastic athletic team, based
on the student's "record of disability").
What are "related aids and services"
under Section 504?
"Related aids and services" means
any service that a disabled student needs
to participate in or benefit from a district's
education program (e.g., if, without a specific
service, a disabled student wouldn't be able
to attend school, achieve passing grades,
advance from grade to grade, etc., the service
in question is a necessary related service
for the student). In contrast to IDEA, under
which students are eligible to receive related
services if and only if they need related
services to benefit from special education,
students are eligible to receive related
aids or services under Section 504 even if
they are not provided any special education.
Related aids and services include but are
not limited to:
· school health services
· counseling services
· environmental, instructional, and behavioral
accommodations
· transportation services
· speech-language services
· audiology services
· physical and occupational therapy services
· orientation and mobility services
· provision of a modified schedule, grading
system, or curriculum
What is a "significant change in placement"
under Section 504?
A "significant change in placement"
means a significant change in the type or
amount of educational or related aids or
services that a district provides to a disabled
student. For example:
· initiating or terminating a service
· significantly increasing or decreasing the
amount of a service
· disciplinary actions that exclude a student
from school for more than 10 consecutive
school days in a school year
· disciplinary actions that create a pattern
of exclusion from school (e.g., cumulative
short-term suspensions that are each 10 school
days or fewer in duration that create a pattern
of exclusion due to the length of each suspension,
the proximity in time of the suspensions,
the total amount of time the student was
excluded from school, and the similarities
of the behaviors that led to the suspensions)
Can a temporary health condition be a disability
under Section 504?
Maybe. A student with a temporary health
condition whose condition is so severe that
it substantially limits one or more of the
student's major life activities for an extended
period of time may qualify as a disabled
student under Section 504. For example, though
pregnancy is not generally considered a disability
under Section 504, a district may determine
that a pregnant student, who cannot attend
school for several months due to pregnancy-related
complications, is disabled under Section
504.
Can drug addiction be a disability under
Section 504?
Maybe. A student who is drug addicted but
is in recovery and is not currently engaging
in the illegal use of drugs, may qualify
as a disabled student under Section 504 if
the student's drug addiction substantially
limits the student's ability to perform a
major life activity (e.g., to learn or attend
school). Such a student may need a modified
schedule, school counseling, or another type
of special education or related aid or service
to participate in or benefit from the district's
education program. A student who is drug
addicted and is currently engaging in the
illegal use of drugs, however, is excluded
from the definition of a disabled student
under Section 504. A district is under no
obligation to evaluate such a student under
Section 504 regardless of the educational
impact the drug addiction is having on the
student. A district may treat such a student
in the same manner as it treats non-disabled
students.
Can alcoholism be a disability under Section
504?
Yes. A student who is addicted to alcohol,
regardless of whether the student is currently
using alcohol or is in recovery, may qualify
as a disabled student under Section 504 if
the student's alcoholism is substantially
limiting the student's ability to perform
a major life activity (e.g., to learn or
attend school). Such a student may need a
modified schedule, school counseling, or
another type of special education or related
aid or service to participate in or benefit
from the district's education program.
Does Section 504 protect a disabled student
who engages in drug or alcohol related misconduct
at school?
No. A district may discipline a disabled
student for the illegal use or possession
of drugs or alcohol at school or at a school-sponsored
function in the same manner and to the same
extent as it disciplines non-disabled students.
The procedures at 34 CFR 104.35 (regarding
manifestation determinations) and 104.36
(regarding procedural safeguards) are not
required for such disciplinary actions. The
parent or guardian of the disabled student
may challenge the regular education issues
raised by the disciplinary action (e.g.,
whether the student did what he was charged
with doing) at a regular education discipline
hearing, but does not have a right to challenge
the disciplinary action under Section 504.
For example, the parent has no right to challenge
the disciplinary action by asserting that
the student's drug or alcohol-related misconduct
was disability-related.
Can "social maladjustment" be a
disability under Section 504?
Maybe. A student with a "social maladjustment"
(e.g., conduct disorder or oppositional defiance
disorder) may qualify as a disabled student
under Section 504 if the student's condition
substantially limits the student's ability
to perform a major life activity (e.g., to
learn or attend school). Such a student may
need medication administration, school counseling,
a behavioral intervention plan, or another
type of special education or related aid
or service to participate in or benefit from
the district's education program.
Is "specific learning disability"
defined the same under Section 504 as it
is under IDEA?
Yes. "Specific learning disability"
is a legal term of art defined by IDEA. To
be eligible under IDEA as having a specific
learning disability, a student must have
a severe discrepancy (as defined by state
law) between intellectual ability and achievement.
Section 504 interprets the term as it is
used in IDEA.
Can a district require a parent to provide
a medical diagnosis before it will initiate
an evaluation of a student under Section
504?
No. Under Section 504, a district must evaluate
a student if the district knows or suspects
that the student, because of a disability,
needs special education or related aids or
services, regardless of whether the student
has a medical diagnosis. A district may provide
a student medical diagnostic services, as
a related service, if the district believes
that it needs a medical diagnosis to determine
whether a student has a medical condition.
Does a student with a medical diagnosis automatically
qualify as a disabled student under Section
504?
No. Not every medical diagnosis will substantially
limit a student's ability to perform a major
life activity. However, if a medical diagnosis
does substantially limit a student's ability
to perform a major life activity (e.g., to
learn or attend school), the student may
qualify as a disabled student under Section
504. Such a student may need an individual
health plan, an emergency care plan, or another
type of special education or related aid
or service documented in a Section 504 plan
to participate in or benefit from the district's
education program.
Does a student with a "life threatening
health condition," as defined by state
law, automatically qualify as a disabled
student under Section 504?
Yes. Because state law, SHB 2834, defines
"life threatening health condition"
as a health condition that puts a student
in danger of death during the school day
if a medication or treatment order and a
nursing care plan are not in place, by definition,
a student with a "life threatening health
condition" has a physical or mental
impairment that substantially limits a major
life activity, and qualifies as a disabled
student under Section 504.
What should trigger an initial evaluation
under Section 504?
A district should evaluate a student if the
district knows or suspects that, due to a
disability, the student needs special education
or related aids or services to participate
in or benefit from the district's education
program.
For example, the following situations may
trigger an initial evaluation under Section
504:
· a student failing to achieve passing grades
· a student failing to advance from grade
to grade
· a student being chronically absent from
school
· a student returning to school after a serious
illness or injury
· a student returning to school after alcohol
or drug treatment
· a student being diagnosed with a "life
threatening health condition"
· a student being expelled from school
Can a district limit its duty to provide
FAPE to a disabled student based on cost?
No. As a general rule, a district's FAPE
obligation under Section 504 is not subject
to cost considerations. For example, a district
generally may not refuse to provide necessary
special education or related aids or services
to a disabled student because doing so would
cause the district a financial hardship.
Can a district refuse to provide special
education services to a disabled student
because the student doesn't meet the eligibility
criteria under IDEA?
No. A district cannot refuse to provide special
education services to a disabled student
who needs special education services simply
because the student doesn't meet the eligibility
criteria under the IDEA. However, as a practical
matter, the only disabled students who are
likely to need special education services
are students who are eligible for special
education under IDEA.
Can a district deny a disabled student admission
under school choice?
Maybe. If a district chooses to participate
in school choice, it must consider and act
upon requests for admission under school
choice in a manner that affords disabled
students an equal opportunity to be admitted
as compared to non-disabled students. As
a general rule, a district cannot deny a
disabled student admission under school choice
unless it has a legitimate, nondiscriminatory
reason for doing so (e.g., the grade level
or school that the student needs is at capacity).
A resident district's refusal to release
special education funds for a student is
not a legitimate reason to reject a disabled
student under school choice.
Can a district place a disabled student on
a shortened school day?
Maybe. As a general rule, a district cannot
limit the length of a disabled student's
school day unless it has a legitimate, nondiscriminatory
reason for doing so (e.g., a shortened school
day is necessary to provide a particular
student FAPE). In general, transportation
difficulties, staff shortages, and other
administrative concerns are not legitimate
reasons to place a disabled student on a
shortened school day.
Can a district exclude a disabled student
from a field trip?
Maybe. As a general rule, a district cannot
exclude a disabled student from participating
in a field trip for which the student is
otherwise eligible to attend unless the district
has a legitimate, nondiscriminatory reason
for doing so (e.g., it is not medically or
behaviorally safe to include the student).
It is not a legitimate reason to exclude
a disabled student from a field trip because:
· the student needs a school health service
(e.g. the administration of medication or
the assistance of a school nurse) during
the field trip; or
· the student's parent or guardian is unable
to attend the field trip, unless the participation
of the parents or guardians of non-disabled
students is required.
Is a disabled student entitled to extended
school year (ESY) services?
Maybe. As a general rule, a district must
provide ESY services to a disabled student
if:
· the student's ability to perform a critical
skill would substantially regress during
a normal school break and the student would
not recoup the lost skill within a reasonable
period of time; or
· for one or more other reasons, the interruption
of instruction on a critical skill during
a normal school break would prevent the student
from benefiting from his or her education
program during the regular school year.
How does Section 504 apply to the disciplinary
removal of a disabled student from school?
Section 504 protects disabled students from
being improperly removed from school for
misconduct that is related to their disability.
As a general rule, Section 504 and IDEA apply
to the disciplinary removal of disabled students
in a similar manner. Before a district can
implement a disciplinary action that constitutes
a "significant change in placement"
(Refer to "What is a 'significant change
in placement' under Section 504?"),
it must evaluate the student to determine
whether the student's misconduct is either
related to his or her disability or due to
an inappropriate placement. This type of
evaluation is commonly called a "manifestation
determination" (Refer to "What
is a 'manifestation determination' under
Section 504?"). If a disabled student's
misconduct is a manifestation of his or her
disability, a district cannot implement a
disciplinary action that constitutes a significant
change in the student's placement. If a disabled
student's misconduct is not a manifestation
of his or her disability, a district can
discipline the student in the same manner
that it disciplines non-disabled students
for the same misconduct. Under Section 504,
unlike IDEA, a district does not have to
provide a disabled student educational services
during the period of time the student is
properly removed from school for disciplinary
reasons.
What is a "manifestation determination"
under Section 504?
A "manifestation determination"
is an evaluation that answers two questions:
· Is the misconduct in question related to
the student's disability?
This determination must be based upon evaluation
data related to behavior, and must be recent
enough to afford an understanding of the
student's current behavior. Misconduct is
a manifestation of a disability if it "arises
from the disability," "is caused
by the disability," "has a direct
and substantial relationship to the disability,"
or if the disability significantly impairs
the student's behavioral controls. Misconduct
is not a manifestation of a disability if
it bears only a weak relationship to the
student's disability. A determination that
a student knows the difference between right
and wrong does not constitute a determination
that the student's misconduct was or was
not a manifestation of the disability. In
addition, a district cannot make a categorical
determination that misconduct is or is not
a manifestation of a disability based on
a student's IDEA eligibility label.
· Is the misconduct in question due to an
inappropriate placement?
This determination must be based upon information
from a variety of sources, including aptitude
and achievement tests, teacher recommendations,
physical condition, social or cultural background,
and adaptive behavior. District staff does
not need to use all of the sources of information
listed above in every instance. The point
of the requirement is to ensure that more
than one source of information is used in
making such a placement decision. In addition,
the district should examine the kinds of
educational placements that previously have
been tried with the student and determine
whether a placement more restrictive than
the current placement would control the student's
behavior. As a general rule, a district should
not long-term suspend or expel a student
without first attempting to control the student's
behavior by placing the student in a more
restrictive educational placement unless
it has a legitimate reason for rejecting
a more restrictive placement as a viable
placement option.
Is a district required to waive uniform age-eligibility
requirements to enable a disabled student
to participate in interscholastic athletics?
Maybe. This issue arises when a student is
retained early in his or her school career
for disability-related reasons and "ages
out" of interscholastic athletic competition
while in high school. As a general rule,
a district can impose uniform age-eligibility
requirements to participate in interscholastic
athletics as long as it does so for disabled
and non-disabled students alike. On the other
hand, a district may be required to waive
such eligibility requirements for interscholastic
athletics if a disabled student "ages
out" of athletic eligibility because
a district's denial of FAPE caused the student's
retention.
Is a district required to waive minimum grade/credit
hour eligibility requirements to enable a
student to participate in extracurricular
activities?
Maybe. This issue arises when a disabled
student is denied participation in extracurricular
activities because he or she hasn't met the
minimum grade/credit hour requirements for
eligibility. As a general rule, a district
can impose minimum grade/credit eligibility
requirements to participate in extracurricular
activities as long as it does so for disabled
and non-disabled students alike. On the other
hand, a district may be required to waive
such eligibility requirements for extracurricular
activities if a disabled student can establish
that a district's denial of FAPE caused the
student's low grades/credit hours. In addition,
a district may choose to waive such eligibility
requirements if a student needs to participate
in extracurricular activities to receive
FAPE.
Is a district required to modify the curriculum
in a general education class to accommodate
a disabled student?
Maybe. A district must modify the curriculum
in a general education class if a disabled
student needs a modified curriculum to participate
in or benefit from the class and the necessary
modification does not fundamentally alter
the nature of the class. A district is under
no obligation to provide a curriculum modification
that would result in a class that is fundamentally
different in nature. For example, if a student
is enrolled in a lab science class and the
student cannot complete the lab requirement
due to disability-related absences, the district
is under no obligation to modify the class
by waiving the lab requirement. The decision
of whether a disabled student needs a modified
curriculum is a placement decision under
Section 504.
Is a district required to modify the grading
system in a general education class to accommodate
a disabled student?
Maybe. A district must modify the grading
system in a general education class if doing
so is necessary to provide a disabled student
an equally effective system to assess the
student's performance in the class. The decision
of whether a disabled student needs a modified
grading system is a placement decision under
Section 504.
Can a district indicate on a disabled student's
transcript that it provided the student a
modified curriculum or grading system in
a general education class?
Yes. A district can indicate on a disabled
student's transcript that it provided the
student a modified curriculum or grading
system in a general education class if it
has a legitimate, nondiscriminatory reason
for doing so. For example, it is not discriminatory
for a district to indicate on a student's
transcript the nature of the curriculum or
grading system provided to the student if
the district does so for disabled and non-disabled
students alike.
Can a district provide a modified diploma
to a disabled student?
Yes. As a general rule, a district can impose
minimum requirements to receive a regular
diploma as long as it does so for disabled
and non-disabled students alike. For example,
a district can provide a modified diploma
to a disabled student because the student
has not met the established minimum requirements
for receipt of a regular diploma. If a student
does not graduate with a regular diploma,
the student is eligible to receive FAPE until
the age of 21.
Resources on Section 504
US Department of Education, Office for Civil
Rights: www.ed.gov/ocr
Sound Options Mediation: www.somtg.com
Office of the Superintendent of Public Instruction
(OSPI): www.k12.wa.us
Special Education: www.k12.wa.us/specialed
Health Services: www.k12.wa.us/LearnTeachSupp/healthservices
LRP Special Education Connection: www.specialedconnection.com
Parents are Vital in Education (PAVE): www.washingtonpave.org
Educational Service Districts:
Puget Sound ESD: www.psesd.wednet.edu
Northwest ESD: www.esd189.org
North Central ESD: www.ncesd.org
Olympic ESD: www.oesd.wednet.edu
ESD 113: www.esd113.k12.wa.us
ESD 112: www.esd112.wednet.edu
ESD 105: www.esd105.wednet.edu
ESD 123: www.esd123.wednet.edu
ESD 101: www.esd101.net
Council of Educators for Students with Disabilities:
www.504idea.org
Gorn, Susan. What Do I Do When…The Answer
Book on Section 504. LRP 1998.
***************************************************
Appendix A
Sample Section 504 Board Policy
Policy #
Section 504 Compliance
It is the policy of the __________________
School District to provide a free and appropriate
public education to each student within its
jurisdiction, including students with disabilities,
regardless of the nature or severity of the
disability.
It is the intent of the District to ensure
that students who are disabled within the
definition of Section 504 of the Rehabilitation
Act of 1973 are identified, evaluated, and
provided with appropriate educational services.
**************************************************
Appendix B
Sample Complaint Procedure
Sample Section 504 Complaint Form
Date_______________ Your School___________________________________
Your Name_____________________________ Your Phone___________________
Your Address
Person discriminated against______________________relationship
to you_____
Please describe your concerns and why you
believe they raise an issue under Section
504. Include a description of what happened,
when and where it happened, and who was involved.
(Feel free to attach additional pages if
necessary)
Explain the steps you have already taken
to resolve the issue, if any.
Describe what resolution to your concerns
you would like to see.
Please attach any documents or other information
you think will help with the investigation
of your complaint.
Sample Section 504 Impartial Hearing Procedure
1. The parent requests an impartial hearing
by filing a written request with district
504 Coordinator. The district 504 Coordinator
is: .
2. The 504 Coordinator arranges for an impartial
hearing officer. A list of possible hearing
officers may be obtained from Puget Sound
ESD, 206-439-6936.
3. Either the 504 Coordinator or the hearing
officer gives notice of the time and place
of the hearing at least 10 calendar days
before the hearing. Either party may request
that the hearing be rescheduled.
4. The hearing officer holds a telephone
conference with the parties to clarify the
issues at least 7 calendar days before the
hearing.
5. The parties will provide any documents
or other evidence they plan to present at
the hearing to the other party and the hearing
officer at least 5 business days before the
hearing.
6. Both parties have the right to accompanied
and advised by counsel or other representative.
The parents have the right to open the hearing
to the public.
7. The parties will not communicate with
the hearing officer about any issue of fact
or law unless the other party has notice
and opportunity to participate in the communication.
8. The parents present their arguments and
evidence first, followed by the school district.
9. The hearing will be recorded by mechanical
device or by certified court reporters. The
parties have the right to request a verbatim
record of the hearing.
10. The hearing officer will issue a decision
in writing after considering the whole record,
but not more than 45 calendar days after
the district received the hearing request.
*****************************************************
Appendix C
Sample Section 504 Coordinator Job Description
Duties and Responsibilities:
· Facilitates the implementation of the school
board approved Section 504/ADA policy.
· Develops, continually revises and ensures
the implementation of consistent Section
504 procedures.
· Provides ongoing training and support to
district staff regarding Section 504 and
the implementation of the Section 504 procedures.
· Collects and maintains all Section 504
data (504 plans, lists of eligible students,
discipline records) for future reference.
· Continually monitors the reduction of architecture
barriers for individuals with disabilities.
· Facilitates the provision of reasonable
accommodations for district employees with
disabilities.
· Serves as a daily resource to district
administrators, building level teams, and
community members regarding Section 504/ADA
issues.
· Coordinates Section 504 /ADA grievance
procedures.
· Serves as the school district's liaison
to the Office for Civil Rights. (OCR complaint
resolution and corrective action plan implementation).
· Advises the district superintendent and
school board regarding Section 504/ADA compliance
issues and needs.
Sample Section 504 Building Designee Job
Description
Duties and Responsibilities:
· Maintains compliant building records and
documentation for all eligible students and
provides copies to the District Section 504
coordinator.
· Ensures the implementation of Section 504
procedures in the building.
o Coordinates referrals
· Determines appropriate 504 team composition
· Facilitates evaluation/eligibility determination
· Provides notices and consents
· Develops 504 plans
· Monitors the implementation of 504 plans
o Schedules annual reviews of each 504 student
o Assures that 504 plans move with the student
to the next level or new school
· Serves as a daily resource to the building
administrators, teachers, and community members
regarding section 504 issues.
· Advises the school administrator regarding
discipline issues and procedures for Section
504 eligible students being considered for
suspension or expulsion.
· Serves as a liaison between the school
building and other District staff regarding
Section 504 issues.
· Attends periodic District Section 504 training
meetings.
********************************************************
Appendix D
Sample Section 504 Referral and Recommendations
Referral Date ________________
Student ___________________________Sex ___DOB_________
Age ____
Last
First
M.I
Parent/Guardian/Surrogate________________________________________
Address
Street _____________________________
City_______________________________
State ____________Zip__________
School Teacher(s)____________________________
Grade ________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Telephone
Home______________ Mother's Work ________Father's Work_____
English Proficient YES NO
Home Language
Screened by ESL YES NO
Referral made by Position
This referral and function of the 504 Team
have been discussed with the Parent/Guardian/Surrogate
YES NO
Date
Description of Teacher/School/Parent concern(s)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Provide information to substantiate concern(s)
(i.e., pre-referral data, disciplinary information,
screening instruments, observations, anecdotal
data, reports, examples of student's work)
_____________________________________________________________
_____________________________________________________________
______________________________________________________________
Describe interventions already used in attempting
to resolve concern(s):
___________________________________________________________
___________________________________________________________
__________________________________________________________
__________________________________________________________
_________________________________________________________
TO BE COMPLETED BY THE 504 TEAM
Date of 504 Team Meeting________________________________
Recommendations
Refer for Comprehensive Evaluation under
IDEA
Screen by ESL
Screen/evaluate for 504 eligibility
Other, Specify
504 Team member responsible to inform Parent/Guardian/Surrogate
of recommendations:
Name/Position
Sample Notice of Action/Consent
To: __________________Date:____________________
(Parent/adult student/guardian)_______________________
Student's name: _____________________DOB
____________________
Student ID No.__________________________
I. Notice of Action The purpose of this written
notice is to inform you that we are:
proposing to initiate a/an
refusing change
Mark all items below that apply:
evaluation 504 plan
disciplinary action
eligibility reevaluation
other:
Description of the proposed or refused action:
Reason why we are proposing or refusing to
take action is:
Date: ___________________
(Name of building 504 coordinator.)
II. Parent Consent (Only required for initial
evaluation and initial placement.)
Yes, I do consent to an initial evaluation
for my child._____________________
No, I do not consent to an initial evaluation
for my child.__________________
Yes, I do consent for initial placement for
my child for a 504 plan.____________
No, I do not consent for initial placement
for my child for a 504 plan._________________________
Signature: ______________________________Date:
_________________
(parent/adult student/guardian)
Signature:___________________________ Date:______________________
(parent/adult student/guardian)
504 Coordinator Telephone:________________
Copies to: 1) Parents/adult student/guardian
2) School 504 file
3) District 504 coordinator
Section 504 Notice of Parent/Guardian and
Student Rights
This is a notice of your rights under Section
504. These rights are designed to keep you
fully informed about the district's decisions
about your child and to inform you of your
rights if you disagree with any of those
decisions.
You have the right to:
· Have your child participate in and benefit
from the district's education program without
discrimination based on disability.
· An explanation of your and your child's
rights under Section 504.
· Receive notice before the district takes
any action regarding the identification,
evaluation, or placement of your child.
· Refuse consent for the initial evaluation
and initial placement of your child.
· Have your child receive a free appropriate
public education. This includes your child's
right to be educated with non-disabled students
to the maximum extent appropriate. It also
includes the right to have the district provide
related aids and services to allow your child
an equal opportunity to participate in school
activities.
· Have your child educated in facilities
and receive services comparable to those
provided to non-disabled students.
· Have your child receive special education
services if she/he needs such services.
· Have evaluation, educational, and placement
decisions for your child based upon information
from a variety of sources, by a group of
persons who know your child, your child's
evaluation data, and placement options.
· Have your child be provided an equal opportunity
to participate in non-academic and extracurricular
activities offered by the district.
· Have educational and related aids and services
provided to your child without cost except
for those fees imposed on the parents/guardians
of non-disabled children.
· Examine your child's education records
and obtain a copy of such records at a reasonable
cost unless the fee would effectively deny
you access to the records.
· A response to your reasonable requests
for explanations and interpretations of your
child's education records.
· Request the district to amend your child's
education records if you believe that they
are inaccurate, misleading, or otherwise
in violation of the privacy rights of your
child. If the district refuses this request,
you have the right to challenge such refusal.
· Request mediation or an impartial due process
hearing to challenge actions regarding your
child's identification, evaluation, or placement.
You and your child may take part in the hearing
and have an attorney represent you. Hearing
requests can be made to the district's 504
coordinator.
· Ask for payment of reasonable attorney's
fees if you are successful on your claim.
· File a local grievance or a complaint with
the U.S. Department of Education Office for
Civil Rights.
The person in this district who is responsible
for ensuring that the district complies with
Section 504 is: .
Sample Section 504 Student Eligibility Form
Name: _____________________Date
of Meeting: ________
Date of Birth: _______________School: ____________Grade:____
1. Describe the nature of the concern:
2. What is the mental or physical disability?
3. Describe the basis for the determination
of disability if any: (Screening and evaluation
data):
4. Describe how the disability impacts learning
and/or access to other educational benefits
or services:
5. Student is eligible under Section 504?
Yes No
· If no, Team recommendations:
· If yes, recommended accommodations/services:
Participants Name ---------------------------Title
-------------------Date---------
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
Sample 2 Page 1 of 2
SECTION 504 EVALUATION AND ELIGIBILITY REPORT
(Health History and Conditions Form # 336
or Physicians Orders: For students with diabetes
#334
used by nurses may be used in lieu of this
form)
Student's Name:____________________ Date
of Birth:___________
· Concerns regarding this student have been
identified in the following areas:
Self Care_____________ Seeing________ Breathing_______________
Performing manual tasks___________ Hearing_______ Learning _______
Walking ___________________-Speaking __________________________Behavior____________________
Other
Describe concerns:
· Evaluation Information and Summary. The
Section 504 committee has considered the
following evaluation information in determining
if this student qualified as disabled under
Section 504. (A parent signature is required
on the Notice of Action/Parent Consent Form
before an evaluation commences.)
Aptitude and Achievement Evaluation Results:
Reported Classroom Grades and Performance:
School Attendance Reports and Records:
Classroom and General School Behavior:
Medical and/or Health History:
Other:
On the basis of the above evaluation data,
the 504 Committee has determined that
(student's name) is eligible is not eligible
for services under Section 504.
Sample 2 Page 2 of 2
Eligible
The following major life activity is substantially
limited:
Self Care____________ Seeing_________ Breathing______
Performing manual tasks __________Hearing_____
Learning________
Walking _______Speaking________ Behavior________
Other __________________
Description of the condition that impacts
learning or access to learning or other educational
benefits or services:
Not Eligible
Explanation of why the 504 Committee has
determined that the student is not eligible:
Signature of Participants:
Signature Name------------------------- Position/Title-----------------------------
Date
___________________________________________________________
_________________________________________________________
__________________________________________________________
________________________________________________________
______________________________________________________
_________________________________________________________
SAMPLE SECTION 504 PLAN
Student's Name: __________________Date: _____________
Section 504 Disability:________________________
Birthdate: _________
School: ______________________Grade:__
DESCRIBE THE ACCOMMODATIONS THAT WILL BE
IMPLEMENTED:
Instructional:
Environmental/Accessibility:
Behavioral/Social:
Assessment/Testing/WASL:
Implementation Date:_______________________________
Review Date: _________________________
Signature ___________________________Date_________________________
Agree/Disagree_____________________
Case Manager_______________________________
Principal/Designee____________________________
Teacher____________________________________
Parent_____________________________________
(Parent-Signature acknowledges consent for
proposed plan/placement)
Sample 2
SECTION 504 Plan
Student's Name:___________________________
Date: ______________
School: ________________________Grade:___ Birthdate:__________
Section 504 Disability: ___________________________________
(A person with a disability means any person
who has a physical or mental impairment which
substantially limits one or more major life
activities, has a history of such an impairment,
or is regarded as having such an impairment.
"Major life activities" means functions
such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking,
breathing, learning, or working.)
Description of Accommodations: The specific
accommodations that are necessary for the
child to have an opportunity commensurate
with non-disabled students (at about the
same age) in this district, e.g., instructional,
environmental/accessibility, behavioral/social,
assessment/testing/WASL:
Implementation Date: ______________Review
Date: _______________
Position --------------------Signature
-------------------------------------------Date_________________________
Case Manager: ____________________________________
Teacher: _________________________________________
Administrator/Designee:_____________________________
Other, specify: _______________________________
_____
Parent: __________________________________________
Signature acknowledges consent for proposed
plan/placement.
Attachment: Notice of Action and 504 Parent/Student
Rights
Sample Page 1 of 3
504 MANIFESTATION REPORT
This form should be used whenever expulsion
is being considered as a consequence for
serious misbehavior purportedly committed
by a student with an identified 504 disability.
The process is twofold: 1) to review the
appropriateness of the 504 plan and 2) to
determine if the student's misbehavior was
a manifestation of his or her 504 disability.
Parents and advocates will collectively have
one vote in the manifestation determination
process.
Student Name:_______________________________
Birth Date: _____________I.D._____________
Meeting Date:____________________ School:__________________
Disability: _____________
Part I
Describe the alleged incident/behavior that
initiated this meeting:
________________________________________________________
________________________________________________________
________________________________________________________
Has the student been suspended before? (If
"yes", include a brief description
of the incident(s), frequency and duration.)
_________________________________________________________
_________________________________________________________
_________________________________________________________
Have disciplinary concerns been increasing
decreasing other Is the student currently
on a behavior plan?
_________________________________________________________
_________________________________________________________
_________________________________________________________
Sample Page 2 of 3
Is the student's 504 plan appropriate, particularly
as it relates to the misconduct? Yes No
Indicators:
Was the accommodations defined in the student's
504 plan in place at the time of the infraction?
Yes No
If the majority/consensus opinion is that
the student's 504 plan was inappropriate
or significantly not complied with as it
relates to the misconduct, then the expulsion
process, ceases and a review of the current
504 plan should immediately occur. Please
indicate such a majority/consensus opinion
by signing below.
Signatures of participants:
__________________________________________________
__________________________________________________
__________________________________________________
___________________________________________________
___________________________________________________
Part II
If the 504 plan is deemed appropriate, this
committee should proceed to the next step
of addressing the manifestation issue(s)
that follow.
Did the student's 504 disability impair his/her
understanding of the impact and consequences
of the misbehavior?
Yes No
Indicators:
Sample Page 3 of 3
Did the student's 504 disability impair his/her
control of the misbehavior? Yes No
Indicators:
Is the student's misbehavior a manifestation
of his/her identified 504 disability?
Signature Title
Yes No ________________________________________
Yes No________________________________________
Yes No ________________________________________
Yes No ________________________________________
Yes No ________________________________________
Yes No ________________________________________
*************************************************
Appendix E
ACCOMMODATION EXAMPLES FOR SPECIFIC DISABILITIES
Here are some examples of accommodations
and services that might be considered for
specific disability profiles. Please keep
in mind that these examples are not intended
to be all-inclusive or mandatory. Do not
use these examples as a "checklist"
as accommodations are to be made on a case-by-case
basis specific to individual need. Please
also remember that the mere presence of these
conditions does not automatically qualify
a student for a Section 504 plan. The disability
must significantly limit one or more life
functions before a 504 plan is to be considered.
Additionally, this disability must impact
the student so that he or she is not afforded
access and benefit of programs and services
equal to that of non-disabled students.
ALLERGIES
EXAMPLE: The student has severe allergic
reactions to certain pollens and foods. For
purposes of this example the condition substantially
limits the major life activity of breathing
and may interfere with the student's ability
to get to school or participate once there.
Possible Accommodations and Services:
· Avoid allergy-causing substances: soap,
weeds, pollen, food
· In-service necessary persons: dietary people,
peers, coaches, laundry service people, etc.
· Allow time for shots/clinic appointments
· Use air purifiers
· Adapt physical education curriculum during
high pollen time
· Improve room ventilation (i.e., when remodeling
has occurred and materials may cause an allergy)
· Develop health care and/or emergency plans
· Address pets/animals in the classroom
· Involve school health consultant in school
related health issues
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
ARTHRITIS
EXAMPLE: A student with severe arthritis
may have persistent pain, tenderness or swelling
in one or more joints. A student experiencing
arthritic pain may require a modified physical
education program. For purposes of this example,
the condition substantially limits the major
life activity of learning.
Possible Accommodations and Services:
· Provide a rest period during the day
· Accommodate for absences for doctors' appointments
· Provide assistive devices for writing (e.g.,
pencil grips, non-skid surface,
· typewriter/computer, etc.)
· Adapt physical education curriculum
· Administer medication following medication
administration protocols
· Train student for proper dispensing of
medications; monitor and/or distribute medications;
monitor for side effects
· Arrange for assistance with carrying books,
lunch tray, etc.
· Provide book caddie
· Implement movement plan to avoid stiffness
· Provide seating accommodations
· Allow extra time between classes
· Provide locker assistance
· Provide modified eating utensils
· Develop health care plan and emergency
plan
· Provide for accommodations for writing
tasks: a note taker, a computer or tape recorder
for note-taking
· Make available access to wheelchair/ramps
and school van for transportation
· Provide more time for massage or exercises
· Adjust recess time
· Provide peer support groups
· Arrange for instructional aide support
· Install handle style door knobs (openers)
· Record lectures/presentations
· Have teachers provide outlines of presentations
· Issue Velcro fasteners for bags
· Obtain padded chairs
· Provide a more comfortable style of desk
· Adjust attendance policy, if needed
· Provide a shorter school day
· Furnish a warmer room and sit student close
to the heat
· Adapt curriculum for lab classes
· Supply an extra set of books for home use
and keep a set at school
· Let student give reports orally rather
than in writing
· Provide an awareness program for staff
and students
· Monitor any special dietary considerations
· Involve school health consultants in school
health related issues
· Provide post-secondary or vocational transition
planning
ASTHMA
EXAMPLE: A student has been diagnosed as
having severe asthma. The doctor has advised
the student not to participate in physical
activity outdoors. For purposes of this example,
the disability limits the major life activity
of breathing.
Possible Accommodations and Services:
· Adapt activity level for recess, physical
education, etc.
· Provide inhalant therapy assistance
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· Remove allergens (e.g., hair spray, lotions,
perfumes, paint, latex)
· Make field trips that might aggravate the
condition non-mandatory and supplement with
videos, audiotapes, movies, etc.
· Accommodate medical absence by providing
makeup work, etc.
· Adjust for administration of medications
· Provide access to water, gum, etc.
· Adapt curriculum expectations when needed
(i.e., science class, physical education,
etc.)
· Develop health care and emergency plans
· Have peers available to carry materials
to and from classes (e.g., lunch tray, books)
· Provide rest periods
· Make health care needs known to appropriate
staff
· Provide indoor space for before and after
school activities
· Have a locker location which is centralized
and free of atmosphere changes
· Adapt attendance policies, school day duration,
or 180-day requirement, if needed
· Place student in most easily controlled
environment
ATTENTION DEFICIT DISORDER (ADD) AND
ATTENTION DEFICIT HYPERACTIVE DISORDER (ADHD)
EXAMPLE: The student does not meet eligibility
requirements under IDEA as emotionally disturbed,
learning disabled, or other health impaired.
A doctor regards the student as having ADD,
and for purposes of this example, the disability
limits the major life activity of learning.
The student, because of his disability, is
unable to participate in the school's programs
to the same degree as students without disabilities
and therefore is substantially limited by
the disability.
Possible Accommodations and Services:
· Seat the student away from distractions
and in close proximity to the teacher
· State classroom rules, post in an obvious
location, and enforce consistently
· Use simple, concise instructions with concrete
steps
· Provide seating options
· Tolerate (understand the need) excessive
movement
· Provide a peer tutor/helper
· Teach compensatory strategies
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· Monitor for stress and fatigue; adjust
activities
· Adjust assignments to match attention span,
etc.
· Vary instructional pace
· Vary instructional activities frequently
· Provide supervision during transitions,
disruptions, field trips
· Model the use of study guides, organizing
tools
· Accommodate testing procedures; lengthy
tests might be broken down into several shorter
administrations
· Provide counseling and prompt feedback
on both successes and areas needing improvement
· Initiate frequent parent communication
· Establish a school/home behavior management
program
· Provide training for staff
· Have the student use an organizer; train
in organizational skills
· Establish a nonverbal cue between teacher
and student for behavior monitoring
· Assign chores/duties around room/school
· Adapt environment to avoid distractions
· Reinforce appropriate behavior
· Have child work alone or in a study carrel
during high stress times
· Highlight required or important information/directions
· Provide a checklist for student, parents,
and/or teacher to record assignments of completed
tasks
· Use a timer to assist student to focus
on given task or number of problems in time
allotted; stress that problems need to be
done correctly.
· Have student restate or write directions/instructions
· Allow student to respond in variety of
different modes (i.e., may place answers
for tests on tape instead of paper)
· Give student opportunity to stand/move
while working
· Provide additional supervision to and from
school
· Adapt student's work area to help screen
out distracting stimuli
· Grade for content integrity not just neatness/presentation
· Schedule subjects which require greater
concentration early in the day
· Supply small rewards to promote behavior
change
· Avoid withholding physical activity as
a negative reinforcer
· Allow for periodic, frequent physical activity,
exercise, etc.
· Determine trigger points and prevent action
leading to trigger points
· Provide for socialization opportunities,
such as circle of friends
BIPOLAR DISORDER
EXAMPLE: The student was diagnosed as having
a bipolar disorder, however the severity
(frequency, intensity, duration considerations)
of the condition did not qualify the student
for IDEA. A properly convened 504 committee
determined that the condition did significantly
impair the major life activity of learning
and fashioned a 504 plan for the student.
Possible Accommodations and Services:
· Break down assignments into manageable
parts with clear and simple directions, given
one at a time
· Plan advanced preparation for transitions
· Monitor clarity of understanding and alertness
· Allow most difficult subjects at times
when student is most alert
· Provide extra time on tests, class work,
and homework if needed
· Strategies in place for unpredictable mood
swings
· Provide appropriate staff with training
on bipolar disorder.
· Create awareness by staff of potential
victimization from other students
· Implement a crisis intervention plan for
extreme cases where student gets out of control
and may do something impulsive or dangerous
· Provide positive praise and redirection
· Report any suicidal comments to counselor/psychologist
immediately
· Consider home instruction for times when
the student's mood disorder makes it impossible
for him to attend school for an extended
period
CANCER
EXAMPLE: A student with a long-term medical
problem may require special accommodations.
Such a condition as cancer may substantially
limit the major life activities of learning
and caring for oneself. For example, a student
with cancer may need a class schedule that
allows for rest and recuperation following
chemotherapy.
Possible Accommodations and Services:
· Adjust attendance policies
· Limit numbers of classes taken; accommodate
scheduling needs (breaks, etc.)
· Send teacher/tutor to hospital, as appropriate
· Take whatever steps are necessary to accommodate
student's involvement in extra-curricular
activities if they are otherwise qualified
· Adjust activity level and expectations
in classes based on physical limitations;
don't require activities that are too physically
taxing
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· Provide appropriate assistive technology
· Provide dietary accommodations
· Provide a private area in which to rest
· Shorten school day
· Arrange for home tutoring following treatment
· Send additional set of texts and assignments
to hospital schools
· Tape lessons. Accept the fact that the
lessons and content-area tests may not be
appropriate; the student is learning many
life lessons through this experience
· Adjust schedule to include rest breaks
· Provide counseling; establish peer group
support
· Adapt physical education
· Provide access to school health services
· Provide awareness training to appropriate
staff and students
· Develop health care emergency plan to deal
with getting sick at school
· Offer counseling for death and dying to
peers/teachers/staff
· Furnish a peer tutor
· Provide student with a student buddy for
participation in sports
· Initiate a free pass system from the classroom
· Provide lessons using mastery learning
techniques
· Provide individual school counseling
· Begin friendship groups for the student
· Provide teachers with counseling, emphasizing
positive attitudes
· Have a health plan for care of mediport/any
other intravenous lines and medical needs
· Plan ongoing communication about school
events
· Notify parents of communicable diseases
in school
· Designate a person in school to function
as liaison with parents as a means of updating
changing health status
CEREBRAL PALSY
EXAMPLE: The student has serious difficulties
with fine and gross motor skills. A wheelchair
is used for mobility. For purposes of this
example, the condition substantially limits
the major life activity of walking. Cognitive
skills are intact.
Possible Accommodations and Services:
· Provide assistive technology devices
· Arrange for use of ramps and elevators
· Allow for extra time between classes
· Assist with carrying books, lunch trays,
etc.
· Adapt physical education curriculum
· Provide for physical therapy as appropriate.
Such therapy needs to relate directly to
"life skills"
· Train for proper dispensing of medications;
monitor and/or distributed medications; monitor
for side effects
· Adapt eating utensils
· Initiate a health care plan that also addresses
emergency situations
· Train paraprofessionals in the case of
this student (i.e. feeding, diapering, transporting
to and from the wheelchair)
· Adapt assignments
· Educate peers/staff with parent/student
permission
· Ensure that programs conducted in the basement
or on second or third floor levels are accessible
· Ensure that bathroom facilities, sinks
and water fountains are readily accessible.
· Provide post-secondary or vocational transition
planning.
CHRONIC INFECTIOUS DISEASES
(i.e., Acquired Immune Deficiency Syndrome
(AIDS)
EXAMPLE: The student frequently misses school
and does not have the strength to attend
a full day. For purposes of this example,
the student has a record of a disability,
which substantially limits the major life
activities of learning. Please review applicable
District policies.
Possible Accommodations and Services:
· In-service staff and students about the
disease, how it is transmitted and how it
is treated (Consult appropriate District
policies)
· Apply universal precautions
· Administer medications following medication
administration protocols, train for proper
dispensing of medications; monitor and/or
distribute medications; monitor for side
effects
· Adjust attendance policies
· Adjust schedule or shorten day
· Provide rest periods
· Adapt physical education curriculum
· Establish routine communication with health
professionals, area nurse, and home
· Develop health-care and emergency plan
· Consult with doctor, parents, teachers,
area nurse, and administrators
· Train appropriate teachers on medical/emergency
procedures
· Provide two-way audio/video link between
home and classroom via computer, etc.
· Arrange for an adult tutor at school or
home
· Adapt assignments and tests
· Provide an extra set of textbooks for home
· Provide staff training on confidentiality
· Provide education and support for peers
regarding issues of death and dying
· Provide transportation to and from school
if needed as a related service
· Tape books or provide a personal reader
· Arrange to communicate with a home computer
with e-mail
· Notify parents of communicable disease
in the classroom
· Arrange for participation in a support
group
· Provide for post-secondary employment transitions
for secondary students
· Foster supportive community attitudes regarding
the District's need to provide education
to HIV positive/AIDS students
· Develop and promote a nondiscriminatory
classroom climate and supportive student
attitudes
· Promote the most supportive, least restrictive
educational program
· Initiate a "Kids on the Block"
AIDS program
· Videotape classroom teaching
· Provide a peer support group to encourage
communication
· Involve school health consultant in school-related
health issues
CYSTIC FIBROSIS
EXAMPLE: This student is a new enrollee at
your school and has an extensive medical
history. He has significant difficulty breathing
and will often be absent due to respiratory
infection. While medical needs can be easily
documented on a health plan, his educational
needs also need to be accommodated. For purposes
of this example, learning is the major life
activity that is substantially impaired.
Possible Accommodations and Services:
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· Create a health care plan for management
of acute and chronic phases
· Promote good communication between parents,
hospital, home, and school on school assignments
· Shorten the school day
· Adapt physical education activities
· Apply universal precautions, correct disposal
of fluids
· Recognize need for privacy for "good
coughing"
· Educate staff and peers
DEAF/HEARING IMPAIRMENT
EXAMPLE: A student was diagnosed with a substantial
hearing impairment at a very early age. Therefore,
he has both a hearing loss and a mild speech
impediment. He compensates through both lip
reading and sign language. Academic abilities
test in the average range.
Possible Accommodations and Services:
· Allow for written direction/instructions
in addition to oral presentation
· Ensure delivery of instruction facing the
student to allow lip reading
· Provide visual information as primary mode
of instruction
· Allow for provision of interpreter services
· Install acoustical tile, carpeting
· Seat in a location with minimal background
noise
· Provide paper and pencil/pen to write/draw
requests when needed
· Facilitate acquisition of TDDs and related
assistive technology
· Allow for extra time between classes
· Provide post-secondary or vocational transition
planning
DIABETES
EXAMPLE: A sixth grader with juvenile diabetes
requires accommodation to maintain optimal
blood sugar. His mom provides the crackers
and juice to be used at "break"
time and before physical education class.
She asks that teachers remind him to eat
at a certain time of the morning if he does
not pay attention to the beeper on his watch.
The youngster is very self sufficient; while
he is able to monitor his own blood sugar
now, he prefers to do this privately. Therefore,
mom asks that the equipment and a notebook/log
be stored in a nearby file cabinet and the
youngster be allowed to go into the hall
with the equipment to check his blood sugar
twice a day. She also asks that his teacher
allow him to use the bathroom as needed.
Possible Accommodations and Services:
· Health care plan for management of condition
in the school setting and in emergencies
· Educate staff to signs/symptoms of insulin
reaction/hypoglycemia; hunger, shakiness,
sweatiness, change in face color, disorientation,
drowsiness
· Do not leave the child alone if he/she
is feeling poorly; walk to the office or
clinic with the student.
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects; communicate systematically
and frequently with parents
· Adapt physical education activities
· Store equipment and documentation in a
readily accessible location for student,
parent, and area nurse or clinic aid
· Accommodate food access/meal schedules
rigorously
· Allow access to bathroom facilities
DRUGS AND ALCOHOL
EXAMPLE: The student has used drugs and alcohol
for many years. This problem has affected
the major life activities of learning and
caring for oneself. The student is presently
not using drugs or alcohol and is in a rehabilitation
program. If the student is not using drugs
or alcohol, he or she could qualify for accommodations
or services under Section 504.
Possible Accommodations and Services:
· Provide copies of texts and assignments
to treatment facility
· Arrange for periodic home-school contacts
· Establish daily/weekly assignments monitoring
system
· Communicate with treatment facility; pursue
transition services available through the
treatment facility
· Provide/arrange for counseling
· Establish peer support group
· Dismiss from school for treatment without
punitive measures
· Ensure strong link with school counselor
· Arrange for access to treatment at private
or public facilities.
· Integrate a student assistance program
into the classroom
· In-service faculty/staff with parent/student
permission
· Provide post-secondary or vocational transition
planning
· Provide ongoing support around chemical
dependency in conjunction with other agencies
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
EMOTIONALLY DISTURBED
EXAMPLE: An emotionally disturbed student
may need an adjusted class schedule to allow
time for regular counseling or therapy. For
purposes of this example, the condition substantially
limits the individual's major life activity
of learning.
Possible Accommodations and Services:
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· Maintain weekly/daily journals for self-recording
of behavior
· Establish home-school communication system
· Schedule periodic meetings with home and
treatment specialists
· Provide carry-over of treatment plans into
school environment
· Assist with inter-agency referrals
· Utilize behavior management programs
· Develop contracts for student behavior
· Post rules for classroom behaviors; teach
expectations
· Provide counseling, social skills instruction
· Reinforce replacement behaviors
· Educate other students/staff/school personnel
· Foster carryover of treatment plans to
home environment
· Reinforce positive behavior
· Schedule shorter study/work periods according
to attention span capabilities
· Be consistent in setting expectations and
following up on reinforcements/consequences
· Provide post-secondary or vocational transition
planning
ENCOPRESIS/ENURESIS
EXAMPLE: A student who will urinate or defecate
in clothes. Not to be confused with physical
incontinence, but only to a needed behavior
change (i.e. toilet training, bowel/bladder
retraining).
Possible Accommodations:
· Maintain low key responses
· Have a change of clothes available at school
in the clinic or alternative location
· Plan a consistent response to events; send
student to clinic or alternative location
for clean-up and change of clothes; while
wearing latex/rubber gloves, place soiled
clothes in a plastic bag; call parent and
make arrangements for soiled items to be
returned home
· Observe for consistent trigger events
· Support bowel/bladder retraining program
that is recommended by the physician
EPILEPSY
EXAMPLE: The student is on medication for
seizure activity, but experiences several
petit mal seizures each month. This condition
substantially limits the major life activity
of learning.
Possible Accommodations and Services:
· Call parent and document the characteristics
of each seizure
· Assess breathing after seizure
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· Train staff and students and prepare an
emergency plan
· Anticipate recovery process should a seizure
occur. Move seating/clear space during seizure.
Do not insert objects into the student's
mouth during seizure; administer no fluids
if student is unconscious. Turn the unconscious
student on his or her side to avoid aspiration
of vomit. Provide rest time and return to
academic considerations following seizure.
· Arrange a buddy system, especially for
field trips
· Avoid portable chalk boards or furniture
that would topple over easily
· Provide an alternative recess, adapt activities
such as climbing and/or swimming
· Plan for academic make-up work
· Alter door openings to allow access from
the outside (i.e., bathroom stall doors that
swing both ways)
· Observe for consistent triggers (e.g.,
smells, bright light, perfume, hair spray)
· Provide post-secondary or vocational transition
planning
HEARING IMPAIRMENT
EXAMPLE: A parent is hearing impaired and
requests, access to school sponsored activities.
The District makes accommodations by providing
interpreter services for the parent to participate
effectively in school-sponsored events or
meetings about the student.
Possible Accommodations and Services:
· Provide an interpreter for those school
events where accommodations may be necessary/are
requested
· Make alternative arrangements for home-school
contacts/communication
· Assist with locating peer or support groups
· Use written notes for communication
· Arrange with phone company for assistive
devices on public phones
· Provide information on assistive technology;
acquire assistive equipment for school use
· Provide in-house TDD or relay services
to receive/communicate efficiently
· Provide post-secondary or vocational transition
planning
LEARNING DISABILITIES
Individual profiles of learning strengths
and weaknesses will vary. THE EXAMPLE: The
student has a learning disability that impacts
her ability to read. She has more difficulty
with word decoding and spelling than reading
comprehension. Thus, completing reading tasks
is difficult and slow. She is currently a
student receiving special education services.
Possible Accommodations and Services:
· Provide lower-readability materials covering
course context
· Provide extended time on tests
· Arrange for student/volunteer readers
· Provide information on accessing materials
through recordings for the Blind and Dyslexic
(i.e., books on tape)
· Allow access to spell checkers and/or word
processing
· Provide information on accommodations for
college-entrance/qualifying exams (i.e.,
PSAT)
· Written directions in addition to oral
· Clearly sequenced instruction
· Visual graphs/charts/diagrams to support
instruction
· Provision of computer access
· Seating toward the instructor
· Support/suggestions relative to post-secondary/career
options
· Support in the use of organizational/time-management
strategies
· Support in the use of strategies to assist
memory and problem-solving
· Use of multi-sensory instructional methods
(i.e., visual graphs and charts to accompany
oral presentation)
· Provide post-secondary or vocational transition
planning
LEUKEMIA
EXAMPLE: The student has recently been diagnosed
with leukemia and requires frequent hospitalization.
The condition substantially limits the major
life activity of learning and caring for
oneself.
Possible Accommodations and Services:
· Involve area nurse in assessing current
limitations and development of health plan
· Provide homebound instruction if needed
· Provide the student with an adjusted school
day
· Make needed accommodations during physical
education/recess
· Provide rest periods
· Have medical services and medication available
at school. Train for proper dispensing of
medications; monitor and/or distribute medications;
monitor for side effects
· Support the proper diet as per physical
recommendation
· With parent/student permission, have area
nurse to educate teachers/staff/peers
· Notify parents of existing communicable
diseases at school (i.e., chicken pox, flu,
strep throat, etc.)
· Consult with medical staff about individual
needs and/or concomitant factors
ORTHOPEDICALLY IMPAIRED
EXAMPLE: The student has limited mobility
and uses a wheelchair. This condition substantially
limits the major life activity of walking.
Possible Accommodations and Services:
· Develop a health care and emergency plan
· Implement an adaptive physical education
program
· Provide physical therapy at school
· Correct problems with physical accessibility
of facilities/pathways between buildings
· Provide extra time to get to class
· Supply a set of textbooks for home
· Provide a copy of class notes from a peer
· Practice emergency exit from school building
· Ensure that access to programs held in
the basement or on second or third floors
is handicapped accessible
· Ensure that bathroom facilities, water
fountains, sinks, etc. are readily accessible
· Provide post-secondary or vocational transition
planning
STUDENT WITH SPECIAL HEALTH CARE NEEDS
EXAMPLE: The student has a special health
care problem and requires clean intermittent
catherization twice each day. This procedure
empties the bladder and helps prevent urinary
tract infections and possible wetting. The
school is required to provide trained personnel
to perform the procedure or to provide the
student a private location to perform the
procedure. The condition is substantially
limiting in the major life activity of caring
for oneself.
Possible Accommodations and Services:
· Apply universal precautions
· Provide trained personnel to perform special
medical procedures. Train for proper dispensing
of medications; monitor and/or distribute
medications; monitor for side effects
· Provide student with private location and
time to perform procedures
· Involve area nurse, parents, teachers,
and staff in periodic review
· Allow preferential seating as indicated
by need
· Adapt recess, physical education, and transportation
· Adjust classroom environment
· Develop health care and emergency plan
· If necessary, adapt attendance policy
· Establish health alert system whereby every
staff member involved with this student is
aware of the health problem and of proper
procedures
· Provide a beeper/paging system for trained
personnel
· Make available homebound services/instruction
if needed
· Provide school counseling
· Arrange for in-service to other students
and staff with parent/student permission
· Provide post-secondary or vocational transition
planning
TEMPORARILY DISABLED
EXAMPLE: A student was in an automobile accident
and will be homebound and/or hospitalized
for an extensive period. The student is considered
temporarily disabled under Section 504 and
should receive accommodations if this disability
substantially limits a major life activity
for the period of time it does so.
Possible Accommodations and Services:
· Provide duplicate sets of texts
· Provide assignments to hospital school
· Tape lessons
· Provide homebound instruction
· Schedule periodic home-school meetings
· Arrange for student to leave class early
to get to next class
· Provide access to elevators
· Excuse from or adapt physical education
program
· Arrange for a friend to assist student
in getting from class to class, provide help
with getting lunch tray
· Establish a student support network
· Provide a cordless telephone/beeper/pager
· Provide an interactive system-computer,
e-mail, TV
· Arrange for peer notes
· Change seating arrangements to accommodate
needs
· Adapt assignments depending on disability
· Allow more time for test completion
· Allow shortened days; adjust attendance
policy
· In-service staff and class and prepare
an emergency care plan
· Switch programs /classes to an accessible
classroom on the main floor
· Test verbally
· Provide peer assistance for social involvement
(i.e., to keep child informed of social activities)
· Furnish life-skill assistance
· Provide area nurse services
TOURETTE'S SYNDROME
EXAMPLE: The student exhibits inappropriate
gestures and sounds in the classroom and
hallways. The condition is substantially
limiting in the major life activities of
learning and caring for oneself.
Possible Accommodations and Services:
· Provide student with a means of catching
up on missed lessons
· Pair with a fellow student for study if
indicated
· Educate other students about associated
outbursts/gestures/tics
· Arrange for frequent parental interaction
if indicated
· Monitor administration/side effects of
medication
· Implement a behavior management program
if indicated; cue student about inappropriate
behaviors
· Provide supervision for transition activities,
during periods of "acting out"
· Provide alternative/larger work space or
appropriate space for the child to act out
if indicated
· Teach compensatory strategies
· Adapt assignments if indicated
· Provide peer/teacher in-service with parent/student
permission
· Provide post-secondary or vocational transition
planning
TRAUMATIC BRAIN INJURY
EXAMPLE: The student sustained a brain injury
in an automobile accident. Many academic
and motor skills have been lost from the
injury. The student does not qualify for
special education under IDEA. The condition
is substantially limiting to the major life
activities of learning and performing manual
tasks.
Possible Accommodations and Services:
· Provide extended school year/time
· Furnish memory/organizational aids
· Provide alternative testing
· Initiate tutoring programs
· Arrange an emergency plan
· Monitor for seizure activity
· In-service staff and peers with student/parent
permission
· Monitor fatigue/mental exhaustion
· Provide frequent short breaks during periods
of intense concentration
· Shorten the instructional day if indicated
· Provide strategies for organizing/sequencing
tasks
· Provide post-secondary or vocational transition
planning
TUBERCULOSIS
EXAMPLE: The student is suspected of having
active tuberculosis and must stay home until
diagnostic tests are completed. The disease
is no longer infectious, but the student
is still weak. The condition is substantially
limiting to the major life activity of learning.
Possible Accommodations and Services:
· Provide home tutor, as necessary
· In-service staff on the need for confidentiality
to limit the stigmatization of him or her
· Have the medical evaluator provide feedback
to staff
· Train for proper dispensing of medications;
monitor and/or distribute medications; monitor
for side effects
· In-service staff and students about the
disease, how it is transmitted, and how it
is treated
· Work with community agency or health department
to provide medication and health education
materials
· Work with community agency or health department
to test students and staff for exposure and/or
infection and to determine when the student
can return to school
· Provide therapy and dispense medications
if student is diagnosed with active TB; observed
for side effects; arrange for parents to
give medication on holidays and weekends
VISUAL IMPAIRMENT
EXAMPLE: A student has a progressive medical
disorder, which results in increasing loss
of visual acuity. He now requires both enhanced
lighting and enlarged print materials in
order to read.
Possible Accommodations and Services:
· Preferential seating
· Adaptations to the physical environment
(i.e., consistent room arrangement, removal
of obstacles to path of entry)
· Copies of text/reading materials for adaptation
· Modified writing tools (i.e., dark felt
tip pens)
· Perkins Brailler
· Slate and stylus
· Raised lines on writing paper
· Dark lined writing paper
· Lighting aids
· Low vision devices including magnifiers,
monocular glass, closed-circuit TV
· Desktop slantboard
· Enlarged print materials; textbooks, workbooks,
worksheets
· Braille textbooks/reading materials
· Books on tape
· Audiotape recorder, tapes and organizational
location (headphones if needed)
· Oral instead of written tests
· Standardized tests (i.e., CAT, SAT) in
large print or Braille
· Tactile maps
· Computer with enlarged print screen/adaptations
· Speech synthesizer for input and output
· Screen reading device
· Optical Character Recognition System Scanner
· Mobility devices (i.e., white cane)
· Abacus
WEIGHT: DIAGNOSIS OF OBESITY, ANOREXIA, AND
BULIMIA
EXAMPLE: A student has an extreme eating
disorder that may require special accommodations.
Obesity may be considered a disability under
Section 504 where it substantially impairs
a major life activity or is regarded by others
as doing so.
Possible Accommodations and Services:
· Provide special seating modifications
· Make dietary modifications per physician
recommendation
· Adapt physical education program per physician
recommendation
· Allow extra time to get to classes
· Educate peers
· Adapt rest rooms
· Provide opportunities for socialization
and peer counseling/interaction
· Ensure privacy for self-care
· Provide counseling involving the area nurse
· Provide for elevator privileges per physician's
recommendation
· Arrange for counselor/area nurse to supervise
peer counseling to deal with esteem issues,
peer attitudes, teasing, etc.
· Address busing concerns to ensure room
on buses for seating
· Arrange to provide opportunities for the
individual to participate in intramural and
extra-curricular events
· Make any class location changes that may
be needed
Resource:
Jefferson County Colorado School District
CLASSROOM
AND FACILITY ACCOMMODATIONS
As local districts develop policies and procedures
for guiding the referral and identification of students determined to be
disabled under Section 504, it is critical that information concerning
this law and its impact on local school districts be shared with
principals and building-level staff.
The intent of Section 504 is to “accommodate” for differences
within the regular education environment.
For this to be accomplished, all staff must be provided with
awareness activities and given specific information concerning the
district’s procedures for dealing with Section 504 referrals.
As individual students are identified, the
classroom teacher may need specific training in the area of the identified
disability (e.g., training from the school nurse on a danger signs of an
impending asthma attack, training from a physical therapist on correct
positioning of a wheelchair-using student at this/her desk, etc.) The following classroom/facility
accommodations are presented as examples of ways in which Section 504
disabilities may be successfully addressed within the regular education
environment.
The following information provides examples of ways
in which the needs of children with disabilities (or Section 504
disabilities) may be accommodated in the regular classroom environment.
|
AREA
OF CONCERN
|
ACCOMMODATIONS
|
|
Parent/student/teacher
communications
|
· Develop a
daily/weekly journal.
· Develop
parent/student/school contacts.
· Schedule
periodic parent/teacher meetings.
· Provide
parents with duplicate set of texts.
|
|
Staff
Communications
|
· Identify
resource staff.
· Network
with other staff.
· Schedule
building team meetings.
· Maintain
ongoing communication with building principal.
|
|
School/community/agency
communication
|
· Identify
and communicate with appropriate personnel working with student.
· Assist in
agency referrals.
· Provide
appropriate carryover in the school environment.
|
|
Instructional
day
|
· Allow
student more time to pass in hallways.
· Modify
class schedule.
|
|
Modification
of classroom/building climate to accommodate student needs
|
· Plan for
evacuation for wheelchair-using students.
· Schedule
classes in accessible areas.
|
|
Building
health/safety procedures
|
· Administer
medication.
· Apply
universal precautions.
· Accommodate
special diets.
|
|
Difficulty
sequencing and completing steps to accomplish specific tasks (e.g.,
organized paragraphs, division problems, etc.)
|
· Break up
task into workable and obtainable steps.
· Provide
examples and specific steps to accomplish task.
|
|
Shifting
from one uncompleted activity to another without closure
|
· Define the
requirements of a completed activity (e.g., Your math is finished
when all 6 problems are complete and corrected; Do not begin on the
next task until it is finished).
|
|
Difficulty
following through on instructions from others
|
· Gain
student’s attention before giving directions. Use alerting cues. Accompany oral directions
with written directions.
· Give one
direction at a time. Quietly
repeat directions to the student after they have been given to the
rest of the class. Check
for understanding by having the student repeat the directions.
· Place
general methods of operation and expectations on charts displayed
around the room and/or on sheets to be included in student’s
notebook.
|
|
Difficulty
prioritizing from most to least important
|
· Prioritize
assignments and activities.
· Provide a
model to help students. Post
the model and refer to it often.
|
|
Difficulty
sustaining effort and accuracy over time
|
· Reduce
assignment length and strive for quality (rather than quantity).
· Increase
the frequency of positive reinforcement (catch the student doing it
right and let him know it).
|
|
Difficulty
completing assignments
|
· List
and/or post (and say) all steps necessary to complete each
assignment.
· Reduce the
assignment into manageable sections with specific due dates
· Make
frequent checks for work/assignment completion.
· Arrange
for the student to have a “study buddy” with phone number in
each subject area.
|
|
Difficulty
with any task that requires memory
|
· Combine
seeing, saying, writing and doing—student may need to subvocalize
to remember.
· Teach
memory techniques as a study strategy (e.g., mnemonics,
visualization, oral rehearsal, numerous repetitions).
|
|
Difficulty
with test taking
|
· Allow
extra time for resting, teach test-taking skills and strategies, and
allow student to be tested orally.
· Use clear,
readable and uncluttered test forms. Use test format that the
student is most comfortable with.
Allow ample space for student response. Consider having lined
answer spaces for essay or short answer questions.
|
|
Confusion
from non-verbal cues (misreads body language, etc.)
|
· Directly
teach (tell the student) what nonverbal cues mean.
· Model and
have student practice reading cues in a safe setting.
|
|
Confusion
from written material (difficulty finding main idea from a
paragraph, attributes greater importance to minor details)
|
· Provide
student with copy of reading material with main ideas underlined or
highlighted.
· Provide an
outline of important points from reading material.
· Teach
outlining, main idea/details concepts.
· Provide
tape of text/chapter
|
|
Confusion
from spoken material, lectures and audio-visual material (difficulty
finding main idea from presentation, attributes greater importance
to minor details)
|
· Provide
student with a copy of presentation notes.
· Allow
peers to share notes from presentation (have student compare own
notes with copy of peer’s notes).
· Provide
framed outlines of presentations (introducing visual and auditory
cues to important information).
· Encourage
use of tape recorder.
· Teach and
emphasize key words (the following… the most important point.
etc.).
|
|
Difficulty
sustaining attention to tasks or other activities (easily distracted
by extraneous stimuli)
|
· Reward
attention. Break up
activities into small units.
· Reward for
timely accomplishments.
· Use
physical proximity and touch. Use earphones and/or study carrels,
quiet place, or preferential seating.
|
|
Frequent
messiness or sloppiness
|
· Teach
organizational skills. Be
sure student has daily, weekly and/or monthly assignment sheets,
list of materials needed daily, and consistent format for papers. Have a consistent way for students to turn in and receive
back papers, reduce distractions.
· Give
reward points for notebook checks and proper paper format.
· Provide
clear copies of worksheets and handouts and consistent format for
worksheets. Establish a
daily routine; provide what you want the student to do.
· Arrange
for a peer who will help with organization.
· Assist
student to keep materials in a specific place (e.g., pencils and
pens in pouch).
· Be willing
to repeat expectations.
|
|
Poor
handwriting (often mixing cursive and manuscript and capitals with
lower-case letters)
|
· Allow for
a scribe and grade for content, not handwriting.
· Allow for
use of a computer or typewriter.
· Consider
alternative methods for student response (e.g., tape recorder, oral
reports, etc.).
· Don’t
penalize student for mixing cursive and manuscript (accept any
method of production).
|
|
Difficulty
with fluency in handwriting (e.g., good letter/word production but
very slow and laborious)
|
· Allow for
shorter assignments (quality vs. quantity)
· Allow
alternate method of production (computer, scribe, oral presentation,
etc.).
|
|
Poorly
developed study skills
|
· Teach
study skills specific to the subject area – organization (e.g.,
assignment calendar), textbook reading, note taking (finding main
idea/detail, mapping, outlining, skimming, summarizing).
|
|
Poor
self-monitoring (careless errors in spelling arithmetic, reading)
|
· Teach
specific methods of self-monitoring (e.g., Stop-Look-Listen).
· Have
student proofread work when it is cold.
|
|
Low
fluency or production of written material (takes hours on a 10
minute assignment)
|
· Allow for
alternative method for completing assignment (oral presentation,
taped report, visual presentation, graphs, maps pictures, etc.) with
reduced written requirement.
· Allow for
alternative method of writing (e.g., typewriter, computer, cursive
or printing, or a scribe).
|
|
Apparent
inattention (underachieve, daydreaming, not there)
|
· Get
student’s attention before giving directions, tell student how to
pay attention, (Look at me while I talk; watch my eyes while I
speak.) Ask student to repeat directions.
· Attempt to
actively involve student in lesson (e.g., cooperative learning).
|
|
Difficulty
participating in class without being interruptive, difficulty
working quietly
|
· Seat
student in close proximity to the teacher.
· Reward
appropriate behavior (catch student at “being good”).
· Use study
carrel if appropriate.
·
|
|
Inappropriate
seeking of attention (clowns around, exhibits loud excessive or
exaggerated movement as attention-seeking behavior, interrupts,
butts into other children’s activities, needles others)
|
· Show
student (model) how to gain other’s attention appropriately.
· Catch the
student when appropriate and reinforce.
|
|
Frequent
excessive talking
|
· Teach
student hand signals and use to tell student when and when not to
talk.
· Make sure
student is called upon when it is appropriate and reinforce
listening.
|
|
Difficulty
making transitions (from activity to activity or class to class);
takes an excessive amount of time to “find pencil,” gives up,
refuses to leave previous task; appears agitated during change
|
· Program
student for transitions. Give
advance warning of when a transition is going to take place (Now we
are completing the worksheet, next we will) and the expectation for
the transition (and you will need).
· Specifically
say and display lists of materials needed until a routine is
possible. List steps
necessary to complete each assignment.
· Have
specific locations for all materials (pencil pouches, tabs in
notebooks, etc.).
· Arrange
for an organized helper (peer).
·
|
|
Difficulty
remaining seated or in a particular position when required to
|
· Give
student opportunities to get up and move around. Allow space for movement.
|
|
Frequent
fidgeting with hands, feet or objects; squirming in seat
|
· Break
tasks down into small increments and give frequent positive
reinforcement for accomplishments (this type of behavior is often
due to frustration).
· Allow
alternative movement when possible.
|
|
Inappropriate
responses in class often blurted out; answers given to questions
before they have been completed
|
· Seat
student in close proximity to teacher so that visual and physical
monitoring of student behavior can be done by the teacher.
· State
behavior that you do want (tell the student how you expect him to
behave).
|
|
Agitation
under pressure and competition (athletic or academic)
|
· Stress
effort and enjoyment for self, rather than competition with others.
· Minimize
timed activities; structure class for team effort and cooperation.
|
|
Inappropriate
behaviors in a team or large group sport or athletic activity
(difficulty waiting turn in games or group situations)
|
· Five the
student a responsible job (e.g., team captain, care and distribution
of the balls, scorekeeping, etc.); consider leadership role.
· Have
student in close proximity to teacher.
|
|
Frequent
involvement in physically dangerous activities without considering
possible consequences
|
· Anticipate
dangerous situations and plan for in advance.
· Stress
Stop-Look-Listen.
· Pair with
responsible peer. (Rotate responsible students so that they don’t
wear out!)
|
|
Poor adult
interactions
Defies
authority
Sucks up
Hangs on
|
· Provide
positive attention.
· Talk with
student individually about the inappropriate behavior (What you are
doing is…, A better way of getting what you want or need is…).
·
|
|
Frequent
self-putdowns, poor personal care and posture, negative comments
about self and others, low self-esteem
|
· Structure
for success.
· Train
student for self-monitoring, reinforce improvements, teach
self-questioning strategies (What am I doing? How is that going to
affect others?)
· Allow
opportunities for the student to show his strength.
· Give
positive recognition.
|
|
Difficulty
using unstructured time – recess, hallways, lunchroom, locker room
library, assembly
|
· Provide
student with a definite purpose during unstructured activities (The
purpose of going to the library is to check out…, the purpose
of…is…).
· Encourage
group games and participation (organized school clubs and
activities).
|
|
Losing
things necessary for task or activities at school or at home (e.g.,
pencils, books, assignments before, during and after completion of a
given task)
|
· Help
student organize. Frequently
monitor notebook and dividers, pencil pouch, locker, book bag,
desks. A place for
everything and everything in its place.
· Provide
positive reinforcement for good organization.
· Provide
student with a list of needed materials and their locations.
|
|
Poor use
of time (sitting, staring off into space, doodling, not working on
task at hand)
|
· Teach
reminder cues (a gentle touch on the shoulder, hand signal, etc.).
· Tell the
student your expectation of what paying attention looks like: (You
look like you are paying attention when…).
· Give the
student a time limit for a small unit of work with positive
reinforcement for accurate completion.
· Use a
contact, timer, etc., for self-monitoring.
|
Resource:
Anchorage School District – Attention Deficit
Disorders, Suggested Classroom Accommodations for Specific Behaviors
I really have to put my 2 cents in here.
You have to remember that the Federal Government mandates the 504 Plan but that there are no teeth in enforcement of individualized accommodations. The OCR (Office of Civil Rights) is the enforcement arm of the U.S. government when it comes to the 504 in Public or Private Schools that receive Federal funding. However, the OCR does not fight for your child’s specific accommodations under the 504, whether you have a ton of documentation that what you are asking for is necessary or not. The OCR is only interested in procedural issues. In other words they will get involved if the school does not get things done on time or if after an accommodation has been placed on the 504 it is not being instituted. You may feel you have to have certain accommodations but the school does not have to implement any they do not place on the 504, and what they place on the 504 is totally within their prerogative without much in the way of recourse for you.
The most you can do if you do not agree with the 504 plan accommodations is file a Due Process Hearing with the school district. They would then, hopefully, provide an impartial mediator who would hear both sides and fairly decide the issue. Now if the school does not provide this Due Process hearing then they would be in procedural violation and you could then file a procedural complaint with the OCR. But the OCR will only be interested in ensuring that procedure is being followed and not that any specific accommodations are being instituted.
Remember that though the 504 is mandated by Congress through legislation, in their infinite wisdom Congress did not provide for any funding to the schools for the implementation of the 504. Therefore schools are reluctant to give any accommodations that might in any way cost them money. Oh, they will certainly accommodate for physical disabilities cause they leave themselves vulnerable to a lawsuit if you child was to come to some harm because they did not institute accommodations to protect them from harm. But when it comes to academic accommodations you will find it much more difficult if not impossible to get anything that might cost them a dime. They will allow for preferential seating and perhaps extra books to take home but try to get a tutor or verbal testing and see just how hard you will have to fight and still not receive what you are asking for, Cause to get these items the school will have to make adjustments that will cost them money or time, which is another form of lost revenue.
The premise of the 504 Plan is noble in its intentions but because of this giant loophole through which the schools can deny needed services it is pretty much worthless. If you happen to have your child in a school where they are willing to institute 504 accommodations without much of a fight consider yourself lucky. For the rest of us there is little alternative than to battle with the school and hopefully wear them down or get some form of compromise that is of some benefit.
If your child can qualify under an IEP and Special Education you have a much better chance of getting what your child needs cause the school can get Federal money for your child. But for those of you who want your child to attend college, be sure that any accommodations or modifications do not interfere with the accreditation of your child’s classes. Your child must still be enrolled in regular classes and still be doing the required work without “modifications” in order for that class to be accredited for college entrance.
Let me try to give you a couple of examples of an accommodation vs. a modification and you can see the fine line that is drawn between whether your child can get college credit for a particular class or not.
Suppose your child has a learning disability and they have difficulty comprehending written material. They need someone to explain to them what is on the written page in a way that they understand the material. If your child was to have a SPED class and they went there for tutoring of the subject matter given in a regular class, this would be an accommodation and not in any way interfere with the college accreditation of that regular class. Because whether a SPED teacher is providing tutoring or you get tutoring through any other person it is still just tutoring. However if the SPED teacher came into the regular classroom and was to explain the material in the regular classroom this might be considered a modification and therefore nullify the regular class as being accredited for college credit. There is little difference in what is being accomplished but because the Special Education Teacher is providing assistance within the regular classroom it could be said they are receiving SPED, especially if this is written into the transcript. You must actively see that any SPED accommodations are not considered modifications that would place accreditation of the regular class in jeopardy. A very fine line is being drawn here, but one to take note of. The fine line here is that regular students could receive tutoring but most likely not in class. And does this tutoring within the class give your child an unfair advantage in pop quizzes of material just read?
Now lets suppose your child suffers from sensory overload or ADHD and is also a bad reader and needs assistance in comprehension as well as more time to take tests or read the material or have it read to them. If your child was to receive some of their regular class assignments in a SPED class to reduce the sensory overload or compensate for their ADHD and/or their tests were shortened to accommodate their sensory overload problems they might not get college accreditation for that class cause the material was presented in a Special Education setting. If it was to state in the transcript that they received SPED for say their History class that class would not be accredited. However they could receive the same accommodations in a study hall and the SPED teacher could be the one reading to your child and the test could be shortened to allow for the child to show their proficiency of the material without having to take the full test and this would not in any way place college accreditation of that class in jeopardy.
If your child was to receive any help with regular class work within a SPED classroom it would have to be noted that SPED did not in any way modify the assignments or give any reduced expectations (modifications) in order to help your child succeed. But whenever a SPED designation appears, the college entrance board will scrutinize the application all that much harder and you may find you have to get letters from the school explaining exactly what your child received as part of their SPED experience. If they only received tutoring or Physical Therapy or extra time to do assignments or verbal testing of the regular class assignments then you are safe. Many children go on to college even though they may have had SPED in high school. It all depends on what services were provided and
if the required credits were had at the high school level without
'modification'.
If however, they gave modified work to help enable your child to pass a ‘dumbed down’ version of the material or showed your child where to find the answer in a book or passed over questions your child was unable to answer this would be considered a SPED modification and that class would then not count toward college accreditation. Remember the 504 is all about ‘accommodations’ whereas the IEP and SPED are about both ‘accommodations’ and ‘modifications’. Modified classes or class work does not count toward graduation or college entrance. Regular class work with accommodations to enable your disabled child to receive FAPE do count toward graduation and college credit.
Now if your child does not graduate or does not receive enough college accredited classes this does not mean your child will not be able to attend college but probably not a four-year college, at least not right away. Most community colleges you ‘test in’ meaning you take an aptitude test for English to include grammar, spelling, writing, reading and a math test and perhaps other testing. Based on these tests scores you may get directly into a community college or have to take lower 99 or non-credited classes and pass them in order to attend the community colleges regular accredited classes. Some classes do not require any testing to attend them but these are usually not classes that would count toward a degree. Once your child gets into the community college and passes and gets their degree they can then transfer to a four-year college and continue their education. Check with the four-year college to make sure they accept the community college credits. Some may not accept all the credits and some may look on it as if they had been in the four-year college all along.
For example here in Washington State if you attend say Pierce College here in the Tacoma area and wish to transfer to the University of Washington after receiving your AA degree all credits would be transferable. However if you wanted to transfer to Harvard, Princeton, MIT or Yale, I doubt any would be transferable. Know what credits you must have and what are transferable. Also take into account most colleges have a limit on the number of students they will accept and transferring in during your Junior year may be difficult if the four year college does not have room, even though you have satisfied the credit threshold. Their attending students from previous years will have priority.
Another important thing to consider is that college is not like high school in that you are not required to take 4, 5, or 6 classes a day. You can take just one class a quarter. It may take you ten years to get your
degree but there is no time limit and so those who suffer sensory overload or some other learning disability may find college much easier. Also most colleges offer tutoring and will make accommodations under the 504 much more readily than the public schools mostly cause you are paying for the classes and so they are receiving revenue from you as well as the State if it is a community college or State college.
One accommodation your child may get in high school that might relieve some of the pressure is to have a half-day. It will take them longer to get the required credits to graduate but they may find that it is worth going an extra year or two if they can eliminate some of the obstacles caused by their disability. Here in Washington and I am sure most if not all States you have till your 21 to get your diploma if you are under a 504 plan. Now your child may not want to graduate a year after her peers and so this option may not be viable but it is available. This differs from college in that in college you have your entire lifetime to take the classes to get your degree.
My daughter will graduate high school with the credits necessary for a 4-year college, most likely, if she continues her current level of participation. She is pushing herself to the brink of her physical and mental abilities and I can do nothing to slow her down. But we have agreed that in college she will not take a full load of classes and most likely will go to a 2 year college that is close to home first and if she then decides to go on for a 4 year degree we will just have the credits transferred to the University of Washington or Washington State University. Both of which accept Pierce College’s credits in full. The University of Washington has a Tacoma Campus and she can get all her classes here locally and continue to live at home. Due to her many disabilities this would likely be the best option should she choose to continue her education.
Remember that you have to find exactly what classes are needed to graduate high school and if your child is interested in college then what classes are needed for a 2 and a 4-year college and if going to a 2-year college what credits are transferable. If your child is under a 504 plan you will have to fight to get academic accommodations but if under an IEP and SPED, not so much. But you have to keep close track of what services are being provided to ensure your child can continue their education if they so choose. 504 plan ‘accommodations’ do not in anyway interfere with college accreditation but an IEP and SPED will if they appear on the transcripts as ‘modifications’ and even if not you may wind up having to explain the reason for SPED in High School. So be on your toes if higher education is in your child’s future.
504 plan accommodations are the least likely to affect your child’s future but are the most difficult to get the school to agree to. The IEP and SPED can make getting accommodations much easier but one must be wary of modifications that would make college entrance difficult and graduation a problem as well. Many under SPED receive a certificate of achievement not a diploma. This may be fine for those with severe disabilities but for those who have the capacity to get that diploma it is totally unacceptable. That diploma will go far in allowing your child to realize their goals and to not try your damnedest to see they realize their potential is a failure on your part as the parent. If your child is willing to fight for their future by attending classes that challenge them in so many ways, you can do no less than your very best to ensure they have every opportunity to succeed
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.
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)
|