A Classroom Teachers Guide

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Section 504

• A Classroom Teachers Guide

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What are the responsibilities of regular
education teachers with respect to implementation
of Section 504 plans?
Regular education teachers must implement the
provisions of Section 504 plans when those plans
govern the students for whom they are
responsible. Office of Civil Rights Frequently
Asked Questions
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How is Section 504 eligibility determined?

• Gather relevant data
• Medical input.
• Parent documentation
• Grades
• Standardized test scores
• Work samples
• Observations
• Discipline Attendance
• Requires procedures that make sure the student is
  not misclassified.
• History of impairment
• Record of impairment

• Bottom Line
• In 504 only cases, the students achievement must
  be substantially below average of his or her
  peers in the general population.
• The disability itself is not sufficient to
  qualify for services under Section 504.

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Step 1 Student Success Team

• Members of the team vary according to need...
• Administrator/Designee
• Counselor
• Regular Teacher(s)
• Parent
• Student (as appropriate)

• Additional members are added as evidence points
  to more serious learning concerns
• Administrator
• School Psychologist
• ELD Teacher
• Special Education Teacher
• Ancillary Services Expert
• Outside consultant
• Site or parent invited guests

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SST is the Responsibility of REGULAR EDUCATION

• SST I
• Review evidence
• Clarify problem
• Develop Action Plan
• Set timeline for review
• Monitor interventions for success
• Determine next steps

• SST II
• Review Action Plan
• Consider evidence and clarify specific area of
  concern
• Consider assessment plan in only those areas
  where evidence warrants testing

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What happens if the parent asks for an evaluation
prior to the SST Process?

• Teachers, counselors and other support
  personnel report this request to the appropriate
  administrator immediately!

• 15 day timeline from the date the oral or written
  request was made for resolution
• Hold an SST 1 and then provide appropriate
  response based on evidence presented.
• Deliver an Assessment Plan to the parent
• Deliver a notice recounting details of the
  meeting and the evidence that supports why the
  assessment is not appropriate.

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SST II decides disposition of the case...

• Collects and reviews all data
• Monitors intervention plan to determine academic
  improvement
• Convenes meeting to include specialists as deemed
  appropriate

• Ensures evidence is present for assessment
  request.
• Makes appropriate referral for assessment and IEP
  Team or 504 Team
• Continues to periodically review children who are
  not referred for IEP or 504.

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When a new student arrives find out if the
student has a Section 504!
Section 504 protections extend only to
individuals who meet the regulatory definition of
a person with a disability. If student has a
Section 504, the teacher must implement it as
long as the student remains eligible. When a
student is new, an SST should be formed to
reevaluate the evidence in accordance with
Section 504 34CFR. If it is determined
impairment no longer substantially limits his/her
ability to learn or any other major life
activity, the student is no longer eligible for
protections. Office of
Civil Rights Frequently Asked Questions
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Criteria used to find eligibility...

• Physical or mental impairment that significantly
  limits a life function.
• Record of disability as long as the student
  remains eligible.
• If learning is the condition that is limited,
  he/she must achieve significantly below his/her
  average peers.

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What is a major life activity?

• Self care
• Manual tasks
• Walking
• Hearing

• Speaking
• Breathing
• Learning
• Working

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Once a student is identified as eligible for
services under Section 504, is there an annual or
triennial review requirement? What is the
teachers role?
Periodic re-evaluation is required. Triennial
reviews are the least acceptable timeline.
Annuals are appropriate. Review the plan more
frequently if the childs parent or teacher
requests a re-evaluation, but not more than once
a year. Teachers should keep a portfolio of
work and assessment samples and anecdotal notes
over time to track progress.
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Must a school district develop a Section 504 plan
for a student who either has a record of
disability or is regarded as disabled?
No. In public elementary and secondary schools,
unless a student actually has an impairment that
substantially limits a major life activity, the
mere fact that a student has a record of or is
regarded as disabled is insufficient, in
itself to trigger those Section 504 protections
that require the provision of FAPE. Office of
Civil Rights Frequently Asked Questions
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What is the receiving school districts
responsibility under Section 504 toward a student
with a Section 504 Plan who transfers from
another district?
The receiving school should review the plan and
supporting documentation. If the team, including
persons knowledgeable about the meaning of the
evaluation data and placement options determines
the plan is appropriate, the district is to
evaluate the plan. If not, the district is to
evaluate the student consistent with 34CFR 104.35
and determine the appropriate planned
program. Office of Civil Rights Frequently
Asked Questions
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Plan for accommodations...

• Accommodations directly relate the interventions
  to the specific disability identified based on
  evidence.
• Do not just check off the major areas listed,
  specifically write what the teacher and student
  will do.

• Always address the type of assessments
  (standardized and teacher generated)
• Know what standard and non-standard
  accommodations are for STAR.
• Do not allow the parent to shop for
  accommodations on a list. Only introduce those
  that are appropriate.

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Accommodation/Modification Plan

• Specific interventions that are required
• Pacing
• Environment
• Presentation of Subject Matter
• Assignments
• Assessment
• Reinforcement and/or Motivation
• Modifications
• Content different from the rest of the class
• Same information but at a different level of
  complexity
• Reduced assignments
• Uses a lower level text that covers similar
  content
• Credit toward graduation or college entrance

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Identify who is responsible for what?

• IDEA
• All students receiving special education services
  under IDEA also qualify for 504 in subjects that
  do not require special education services.
• Mainstream teachers must be notified of
  disabilities and accommodations by the
  case-carrier.

• 504 Only Students
• 504 Plan is a contract and must be implemented
  under federal civil rights protections and can
  not be changed without consensus by the whole
  team.
• Willful non-compliance may result in legal action
  that awards personal compensatory and punitive
  damages. (Doe v. Withers)

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Who governs what?

• Section 504
• Administrative hearing not required prior to OCR
  involvement.
• Enforced by OCR.
• Does require district grievance procedure and
  compliance officer.

• IDEA
• Enforced by OSEP and DOE
• Does not require district grievance procedure or
  compliance officer.

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Potential Legal IssuesEvaluations

• Failure to consider all information
• Lack of appropriate evaluation
• Failure to draw on a variety of sources
• Failure to individualize accommodations

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Potential Legal IssuesIdentification

• Failure to identify when appropriate
• Lack of staff training
• Flawed procedures
• Oversight of a hidden disability eligibility

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Potential Legal IssuesPlacement and Services

• Lack of or inconsistent procedures
• Inappropriate accommodations or services
• Failure to provide the least restrictive
  environment
• Failure or refusal to abide by plan requirements.

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Family Responsibilities

• Section 504 addresses the duties of the school.
• Section 504 does not address the responsibilities
  of the family.
• When a family does not comply, it does not
  release the school/teacher from legal duty.
• It is important for the school to document a lack
  of family cooperation.

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Big Ideas

• Take 504 Plan eligibility seriously in that it
  commits the staff to a federal contract with
  District and personal liability ramifications.
• Instructional interventions may be delivered by
  an agreement with the SST and parent without 504
  if not eligible.
• Make sure accommodations match disability.
• Every Special Education Student is also 504
  eligible but governed under an IEP.