Sevier County Board of Education Section 504 Manual
Identifying Students for 504 Eligibility
Design and Implementation of a 504 Plan
Discipline Considerations of a 504 Disabled Student
Termination of a 504 Plan
504 Procedural Safeguards and Parent/Student Rights
Addressing Parent Concerns and Complaints
Examples of Program Accommodations and Adjustments
District 504 Forms and Support Documents
The Section 504 Resource Guide is provided to assist the Sevier County Community in understanding and implementing Section 504.
Section 504 of the Rehabilitation Act of 1973 is Congress’s directive to schools receiving any federal funding to eliminate discrimination based on disability from all aspects of school operation. It states: “No otherwise qualified individual with a disability shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Since Sevier County Public Schools is a recipient of federal dollars, we are required to provide eligible disabled students with equal access (both physical and academic) to services, programs, and activities offered by our schools.
Section 504 is a civil rights statute and not a special education statute. Therefore, it is the responsibility of regular education staff and administration to implement those practices and procedures necessary for a school to fulfill this law’s requirements. It is also important to understand that schools receive no additional funding to implement Section 504 accommodations. At each school, the responsibility for insuring Section 504 compliance rests with the building principal or principal’s designee. Please note that when working with disabled students, Section 504 serves the same purpose as ADA (Americans with Disabilities Act).
Helpful Link: The Council of Educators for Students with Disabilities, Inc. has a web site (http://www.504idea.org) that provides helpful information about Section 504. It has information about the history and purpose of Section 504. One especially helpful section is the Question and Answer site it provides.
Identifying Students for Section 504 Eligibility
Like other students, those students with a 504 eligible disability are entitled to a free appropriate public education. An appropriate education for a Section 504 disabled student may require the provision of specific accommodations and related services in order to meet the needs of the student. Section 504 focuses on assuring access to educational services and the learning process that is equal to that given students who do not have disabilities.
For a student to qualify for Section 504 protection the student must meet three criteria. The three criteria are (1) A mental or physical impairment (or has a record of an impairment or is regarded as having an impairment), (2) which substantially limits, (3) one or more major life activities. It is important to understand that all three criteria must apply to a student before that student is eligible for Section 504 protection. In addition, this disability must be why the student cannot equally access or receive benefit from the school’s programs and services. Here is additional detail on each of the three criteria.
(1) Mental or physical impairment (a) has a record of such an impairment or (b) is regarded as having an
impairment: This might include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems. Additionally, this can include any mental or psychological disorder. This criterion does not limit eligibility to specific diseases or categories of medical conditions. The law was intentionally written this way so that the range of diseases or medical conditions that might be considered for Section 504 eligibility is not limited.
(a)“Has a record of such an impairment” means that a person has a history of, or has been misclassified (by a recipient of federal funding) as having a mental or physical impairment that substantially limits one or more major life activities.
(b) “Is regarded as having an impairment” means that an individual has a physical or mental impairment that does not substantially limit major life activities, but that is treated by a recipient (of federal funds) as constituting such a limitation; or has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such an impairment.
Thus, in the case of “has a record of” and “is regarded as having” individuals receive Section 504 protection, not necessarily because they have a qualifying disability, but to protect them from being injured by the prejudice or stereotypic attitudes of others. Schools have no obligation to identify these students or provide them with a Section 504 plan. However, schools are prohibited from discriminating against them in all programs and activities.
(2) Substantially limits:
Section 504 does not specifically define the term “substantially limits”. The basis for evaluating this criterion is on the impact a disability has on one or more of a student’s major life activities. It is vital to understand that for a student to qualify the impairment must impose an important and material limitation to one or more major life activities at the current time. The eligibility team will consider the nature and severity of the disability as well as how long the disability is expected to last. Simply having a condition or disability does not automatically qualify a student for Section 504 protection. The condition must present a barrier to the student’s ability to access the same educational opportunities as that afforded a non-disabled student or a substantial limitation does not exist. The team may also consider what factors have been taken to mitigate the impairment and its actual impact on the student on a day-by-day basis. The team may consider the manner, conditions, and duration in which a student performs the task in comparison to how
non-disabled students perform the same task.
(3) Major life activities:
Major life activities include but are not limited to caring for oneself, performing manual tasks walking, hearing, seeing, speaking, breathing, learning, and working.
A parent, guardian, teacher, student study team, counselors, related service providers, other school staff and administration, and/or community agencies can initiate a Section 504 review request. Please advise someone wanting a student review to use the Section 504 Student Review Request Form and forward it to the school principal.
Please keep in mind that a number of intervention plans are used with Sevier County students. Each has a specific purpose. While 504 plans provide students with access accommodations, others like Individual Health plans are also useful for certain student interventions. Part of the School Support Team (S-Team) discussion should include identifying the planning format and process that best supports student need and aligns available school resources.
As mentioned above a student is eligible for Section 504 protection when it is determined that he or she has a physical or mental impairment that substantially limits one or more major life activities. A properly convened eligibility team will include individuals knowledgeable about the needs of the student, the data being reviewed, and appropriate accommodation options. This team can include parents/guardians, teachers, Student Support Team members, counselors, related service providers, other school staff and
administrators, and staff from community agencies. Parents/guardians should be included in this process whenever possible. The team's role is to review the nature of the student's impairment determining how it affects educational access. If the team determines that the impairment does limit a major life function then the team will construct a Section 504 plan that outlines the necessary student accommodations.
Section 504 eligibility meetings are not intended to be as comprehensive as a special education evaluation. However, in every case the eligibility team needs to investigate the specific concern that triggered the student review request. Information that might be considered includes (but is not limited to) grades, attendance reports, behavior plans, review requests, cumulative file information, psychological evaluations, medical information observations, and standardized testing information. The eligibility team may administer and use other formal and informal measures as deemed necessary.
Yes! Eligibility for 504 is always decided by evaluating and determining that all three criteria are present. The student must have a mental or physical impairment. That mental or physical impairment must be substantially limiting. The impairment must substantially limit one or more major life activities. If any of the three criteria is missing or if there is no impact on the student’s access to school programs or services because of the disability do not create a 504 plan for the student. Keep in mind that while a 504 plan might not be appropriate; other kinds of accommodation plans may be appropriate. Here are some of the common misuses of the 504 review request process.
A parent and/or doctor presents the school with a disability diagnosis and a 504 plan is written without first determining if the disability causes significant impairment of a major life activity.
A student is placed on a 504 plan solely because the parent wants the student to have additional time on college qualifying examinations (e.g. ACT, SAT).
A student fails to qualify for special education support and is automatically signed up for a 504 accommodation plan without first qualifying them based on Section 504 criteria.
A student is automatically placed on a 504 plan when the student no longer qualifies for special education services without first qualifying them based on Section 504 criteria, which are different.
A student is placed on a 504 plan as an alternative way to receive special education services because the parent refuses to “label” a student by including them in a special education program.
Where will accommodations be provided for students and what are some examples of possible accommodations?
Section 504 requires that a student with a disability be educated with non-disabled students to the maximum extent appropriate. As with IDEA, this is considered educating the student in the least restrictive environment. Implementation of most Section 504 student accommodations occurs within the regular classroom. Accommodations generally are those minor adjustments to things like seating arrangement, lesson presentation, assignments, and other facets of the learning environment that provide the student with equal access to learning opportunities. An example could be moving the student to a position in the room that best supports his or her ability to attend to schoolwork. Accommodations might involve the use of special visual aids, large print, or using video recordings. Allowing a student additional time to complete a specific kind of task is also an accommodation. Countless accommodations exist that can support a student’s equal access to educational opportunities. It is the job of the 504 eligibility team to identify those accommodations that best support the access needs of a 504 eligible student.
If the eligibility team determines that a student has a Section 504 disability, the team’s second responsibility is to identify student needs and the services and/or accommodations the student will receive. Documentation of the plan's details is in the Section 504 Accommodation Plan. This plan provides a summary of accommodations that a student needs in order to have equal access to the learning process, or to other programs, activities, and services. In Sevier County, this document should be kept in the student’s
cumulative file. The eligibility team should review active Section 504 Accommodation Plans yearly with more frequent reviews occurring when needed. The purpose of a review is to add, subtract and/or modify student accommodations as needed.
Does a school need to conduct a manifestation meeting when considering the expulsion or long term suspension of a student with a Section 504 plan?
Yes. Similar to suspension or expulsion of a student having a disability under IDEA (special education) it is necessary to conduct a manifestation determination meeting for a Section 504 disabled student when:
The suspension or expulsion will be for more than 10 consecutive school days. Like IDEA, a suspension/expulsion of more than 10 consecutive days constitutes a significant change in placement and requires schools to determine if the cause of the misconduct is the disability identified in the student’s 504 plan.
A series of suspensions that total more than 10 days may also trigger the manifestation determination requirement of Section 504. If cumulative suspensions/expulsions for a student on a 504 plan total more than 10 days, it must be determined if a significant placement change has occurred. This is done on a case-by-case basis. If a group of short suspensions creates a pattern of exclusion then this constitutes a change in placement and school personnel must conduct a manifestation determination meeting before further suspensions or expulsions occur. The Office of Civil Rights has identified some of the key factors in determining patterns of exclusion. These include length of each suspension, the proximity of the suspension to one another, nature of the misconduct, and the total amount of time the student is excluded from school.
Who makes the manifestation determination for a student on a 504 plan and what information is included in this process?
Those involved in a manifestation determination meeting need to be knowledgeable about the student and the meaning of the data being reviewed. When possible, it is a plus to convene those individuals who designed the student’s 504 plan. When this is not possible teachers, parents, health professionals, counselors, etc. can serve on the team that makes a manifestation determination provided they have knowledge of the student and the data being reviewed. Those responsible for school disciplinary procedures, such as the school principal or school board officials cannot make the determination. However, it is appropriate for the administrator responsible for school discipline to present pertinent student information to the team making the manifestation determination.
The Office of Civil Rights indicates that those making the manifestation determination must have available information that competent professionals would require when making such a decision. Examples might include attendance and academic records, psychological evaluation data, behavior plans, discipline records, staff observations, anecdotal records, etc. It is important that the information considered is recent enough to afford an understanding of the student’s current behavior.
Those making the manifestation determination must decide whether the current educational placement is correct. Two questions are to be answered in determining plan appropriateness. 1) Are the accommodations in the student’s 504 plan appropriate as they relate to the current misconduct? 2) Were the accommodations in place at the time of the alleged infraction? If the majority/consensus is that the plan is not appropriate as it relates to the current misconduct or that it was not substantially complied with, then the suspension/expulsion proceeding cease and a review and update of the current plan is to occur.
If the plan is determined to be both appropriate and in place, the team will next consider if the misconduct is the result of the student’s disability. This is done by considering the following questions:
Does the disability impair the student’s ability to understand the impact and consequences of the behavior? If it is determined that the misconduct is not caused by the disability, then the System can impose whatever long-term suspension or expulsion it would impose under the same circumstances if a non-disabled student were the offender. However, if it is determined that the misconduct is caused by the disability the student may not be further removed from his or her program.
How does a school proceed with drug and alcohol offenses that involve students who are on a Section 504 plan?
A student currently engaged in the illegal use of drugs or alcohol is not protected under Section 504 when the disciplinary actions of the school staff are based on that student’s current use of illegal drugs or alcohol. Schools may take disciplinary action against a student with a 504 disability that is currently engaged in the use of alcohol or illegal drugs to the same extent that it takes disciplinary action against persons not having disabilities. Additionally, the procedural protections normally in place when a 504 student has a discipline related placement change do not apply when the misconduct involves the current use of illegal drugs or alcohol.
Drug possession is another matter. When the misconduct of a 504-disabled student centers on possession of illegal drugs and not use of illegal drugs then a manifestation determination must occur. If it is determined that the drug possession is not a manifestation of the disability then the student can be disciplined to the same extent as if a non-disabled student was the offender.
Is a manifestation
meeting necessary if a 504 student is cited for “exchange”?
The meaning of “exchange” is:
1. “Passing” or “transferring” of drugs or alcohol to another person or receiving of drugs or alcohol from another person for any purpose, even if the students are not using the drugs or alcohol. (Does not have to be exchanged for value or use).
2. It may also mean the “purchase” of drugs or alcohol from another student.
Since exchange includes a number of possible scenarios, it is important to examine the specific circumstances that place the 504 student’s violation within the category of exchange. If those circumstances include the use of drugs then Section 504 protection, including due process protection, does not apply. However, if the student’s role in an exchange violation does not involve drug use then a manifestation determination is necessary.
Terminating a 504
Plan
The first step in terminating a students 504 plan is for the 504 eligibility team to review current student need and determine that the plan is no longer needed to provide the student equal access. Once this is determined the team should complete a Section 504 Plan termination form. This completed form should be attached to the front of the accommodation plan. Like active plans, a terminated plan should be kept in the student cum file. Like other educational documents, terminated plans are maintained in the student cumulative file to support the future efforts of staff that might need to consider some type of intervention for the student.
Are schools required to provide parents with prior notice of a Section 504 eligibility meeting? Must schools secure parental consent before conducting an initial student review?
Current Office of Civil Rights (OCR) guidelines require that parents receive prior notice of a Section 504 eligibility meeting. However, it is not necessary to secure their consent in order to conduct an initial eligibility review meeting. Parent permission is to be secured before administering any diagnostic evaluations designed to determine 504 eligibility.
Yearly or other plan reviews do not have these requirements. It is vital that the document providing prior notice explains the action the system proposes to take and the reasons why it has decided to proceed in that fashion.
Are schools required to provide parents with a list of parent/student rights under Section 504 before conducting an initial student review?
Yes! The following is a listing of student and parent rights granted by federal law. The intent of the law is to keep parents fully informed concerning decisions made about their child and to inform parents of their rights should they disagree with these decisions.
Parents have the right to:
1. Have your child take part in, and receive benefits from public education programs without discrimination based on a disability.
2. Have the System advise you as to your rights under federal law.
3. Receive notice with respect to identification, evaluation, or placement of your child.
4. Have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the System make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
5. Have your child educated in facilities and receive services comparable to those provided students without disabilities.
6. Have your child receive special education and related services if he or she is found to be eligible under the Individuals with Disabilities Education Act (IDEA), or to receive reasonable accommodations under Section 504 of the Rehabilitation Act.
7. Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, the evaluation data, and placement options.
8. Have transportation provided to a school placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the System.
9. Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by the System through the provision of reasonable accommodations.
10. Examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement.
11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
12. Receive a response from the System to reasonable requests for explanations and interpretations of your child's records.
13. Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the System refuses this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.
14. Request an impartial due process hearing related to decisions regarding your child’s identification, evaluation, and educational placement. You and your child may take part in the hearing and have an attorney represent you at your own cost.
15. File a complaint with the System when you believe your child’s rights have been violated.
What is the District process for addressing Section 504 parent complaints?
The best solutions to parent concerns occur at the school level. Therefore, the first step in resolving a complaint involves the parent or guardian working with the building principal, building 504 coordinator and other appropriate staff to reach a joint resolution of the issue. Should the issue not be resolved and the parents desire to file a 504 complaint, advise them to take the following steps.
Parent completes and submits a Section 504 Complaint Form to principal or school designee.
Principal or designee reviews complaint and attempts to facilitate resolution of the concern.
If the concern is not resolved at the school level then parent can contact the Area Administrator assigned to that school and describe the concern. Area Administrators will follow System complaint procedures.
Should the parent not be satisfied with the resolution (or upon request by Area Administrator) the System 504 Coordinator or designee will intervene. The System 504 Coordinator or designee will review the concern and decide whether to reopen mediation or issue a written decision.
Should the parent not be satisfied with the decision made at the District 504 Coordinator level, then the
Superintendent or designee reviews the decision to determine if all System Policy or 504 guidelines and procedures were followed. Adjustments to the decision will be made if needed.
If concern is not resolved then parents have the option of filing a complaint with the Office of Civil Rights (OCR). The Office of Civil Rights (OCR) is the federal agency responsible for enforcing Section 504 compliance. While it is highly recommended that all parties begin resolution of issues as described above, parents and guardians always have the right to initiate a complaint with OCR or to involve OCR at any time during the complaint process