Accommodations for Students Under Section 504

Unlike its special education counterpart, the 504 evaluation does not necessarily mean “test,” but instead, means a gathering of data or information from a variety of sources so that the committee can make the required determinations. Since specific or highly technical eligibility criteria are not part of the 504 regulations, common sources of evaluation data for 504 eligibility are the student’s grades, disciplinary referrals, health information, language surveys, parent information, standardized test scores, teacher feedback, etc. This eligibility process is required prior to creating a 504 plan and prior to any significant change of placement. A review is also required “periodically,” which our District defines as once every school year. 

Yes and No. The student’s eligibility for accommodations under 504 depends on whether the child has a current physical or mental impairment that substantially limits one or more major life activities. This is often the case where a child with a learning disability has improved adaptive behavior or other skills, and no longer qualifies under the IDEA eligibility criteria. While less than the level required for IDEA, the child may still have an impairment significant enough to result in 504 Plan eligibility. That will be a decision for the 504 committee to make after it has reviewed the student's body of evidence.

Even if the student does not qualify for a 504 Plan, the student dismissed from special education has a record of a disability and is protected by the anti­-discrimination provisions of 504. Should the student later demonstrate a need for services or accommodations due to a physical or mental impairment, the student should be referred to the school's 504 team unless the suspected disability again is so severe as to reach IDEA eligibility.

A common misperception in 504 is that a student must possess a physical or mental impairment that substantially limits the major life activity of learning in order to be 504 eligible. The Office for Civil Rights (OCR), the arm of the U.S. Department of Education charged with enforcing 504, takes the position that while it “may be true in a practical sense that most impairments that would be of concern in an education setting would be those that impair learning,” the major life activity of learning need not be the focus of the equation. Students may have a disability that in no way affects their academic ability, yet they may need extra help of some kind from the system to access their schooling. For instance, a child may have very severe asthma (affecting the major life activity of breathing) that requires regular medication, regular use of an inhaler at school and/or frequent breaks. Without regular administration of the medication and inhaler, the child cannot remain in school.

No. The student has to have the physical or mental impairment that substantially limits a major life activity. 

Yes, parents should always be invited to participate in the 504 Eligibility process. 

However, there is no requirement under Section 504 that parents physically participate in all placement procedures, only that placement decisions are made by a group of knowledgeable persons that may include the parent. However, parental involvement in the 504 process should be encouraged through district requests for parent information that will be used by the 504 committee, and by opening avenues of communication with parents and members of the committee. That being said, attendance of parents at 504 meetings is highly encouraged.

Teachers and other staff members are required by law to adhere to the accommodations listed in a student's 504 Plan.  If they have questions about a certain accommodation, they need to reach out to the school-based 504 coordinator and/or the administrator.

A parent or student request to discontinue accommodations (or add additional accommodations) should be followed by a 504 committee meeting and revisions to the 504 plan, if appropriate.

Teachers and other staff members are required by law to adhere to the accommodations listed in a student's 504 Plan.  If they have questions about a certain accommodation, they need to reach out to the school-based 504 coordinator and/or the administrator.

A parent or student request to discontinue accommodations (or add additional accommodations) should be followed by a 504 committee meeting and revisions to the 504 plan, if appropriate.

Federal law requires teachers and other staff members follow the 504 Plan as written. Should a teacher refuse to follow the plan, the teacher is in violation of federal law and creates potential liability for the district. Our licensed school district employment contracts contain language indicating that the employee agrees to abide by state and federal law and local school district policy. Failing to comply with a 504 plan violates that contract provision, and may result in discipline up to and including termination should the employee refuse to implement a 504 plan. After all, the teacher’s refusal to follow the plan means that the district is not in compliance, and could be subjected to OCR investigations, 504 due process hearings, or federal court litigation. But most important, a student has missed needed accommodations.

No. Section 504 does not require a public school district to provide students with disabilities with a potential ­maximizing education, only reasonable accommodations that give those students the same access to the benefits of a public education as all other students.

Absolutely. Once a student no longer meets eligibility requirements (that is, they no longer have a physical or mental impairment that substantially limits one or more major life activities), the 504 committee can withdraw him or her from their 504 Plan. That child is no longer eligible for 504 services. However, since he or she is a child with a record of a disability, the student continues to receive protection under 504 from discrimination by the district. No further 504 meetings are required for this child following his or her dismissal, unless the student is found to be eligible under the law at some later point.