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504 Questions & Answers -
If you need some background
to better understand Section 504, download the Section 504
Overview from the
504 Resources page. The Overview provides a detailed review
of the 504 obligations on public schools. [§504 Evaluation]
[504 Eligibility]
[504 Placement]
[504 Procedures]
[504 Discipline]
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504 Plans for Children with Severe Food Allergy
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This 504 Plan Outline is
divided into PARTS A-O, and within each part there are sub-topics.
This outline, is a collection of 504 Plans for children with severe
food allergy from around the country.
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To Accommodate, To Modify, and To Know the Difference: Help
Determining Placement of a Child in Special Education or "504"
- Explaining and
understanding the differences between accommodations and
modifications in the school setting can help determine
the most effective and appropriate placement for students who
are deemed eligible for special help. Niki Hayes gives examples
of modifications and accommodations to help us determine the
most appropriate placement for a child.
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Auxiliary
Aids and Services for Postsecondary Students with Disabilities:
Higher Education's Obligations Under Section 504 and Title II of the
ADA -
The Section 504 regulation
contains the following requirement relating to a postsecondary
school's obligation to provide auxiliary aids to qualified
students who have disabilities. A recipient . . . shall take
such steps as are necessary to ensure that no handicapped
student is denied the benefits of, excluded from participation
in, or otherwise subjected to discrimination under the education
program or activity operated by the recipient because of the
absence of educational auxiliary aids for students with impaired
sensory, manual, or speaking skills.
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Child with 504 Plan Failing, School Won't Evaluate.
Child has a 504 Plan; grades dropping; school will not evaluate
for IEP because child does not have failing grades on report
card. Parent needs a game plan.
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The
Civil Rights of Students with Hidden Disabilities
Under Section 504 of the Rehabilitation Act of 1973
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If you are a student with a
hidden disability or would like to know more about how students
with hidden disabilities are protected against discrimination by
Federal law, this pamphlet is for you. Section 504 of the
Rehabilitation Act of 1973 protects the rights of persons with
handicaps in programs and activities that receive Federal
financial assistance. Section 504 protects the rights not only
of individuals with visible disabilities but also those with
disabilities that may not be apparent.
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Clarification of Policy to Address the Needs of Children with
Attention Deficit Disorders within General and/or Special
Education -
This
memorandum clarifies the circumstances under which children with
ADD are eligible for special education services under Part B of
the Individuals with Disabilities Education Act (Part B), as
well as the Part B requirements for evaluation of such
children's unique educational needs. This memorandum will also
clarify the responsibility of State and local educational
agencies (SEAs and LEAs) to provide special education and
related services to eligible children with ADD under Part B.
Finally, this memorandum clarifies the responsibilities of LEAs
to provide regular or special education and related aids and
services to those children with ADD who are not eligible under
Part B, but who fall within the definition of "handicapped
person" under Section 504 of the Rehabilitation Act of 1973.
Because of the overall educational responsibility to provide
services for these children, it is important that general and
special education coordinate their efforts.
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Comparison
- Section 504,
ADA & IDEA
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Developing
504 Classroom Accommodation Plans
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Although both 504 and IDEA legislation address
students with attention, learning, and other difficulties, 504 has
become the more global vehicle for accommodating children with
unique needs, including ADHD or other health impairments. In
contrast, IDEA is based on well-defined criteria that include a
statistical discrepancy between aptitude and achievement, and
require a Child Study Team to determine eligibility before
developing an individualized education program (IEP). Thus, the
joint policy memorandum using Section 504
has become pivotal in providing classroom supports to students who
are not otherwise eligible for special education services under
IDEA.
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Diabetes Sample Section 504 Plan
- sample Section 504 Plan was developed by the
American Diabetes Association (ADA) and the Disability Rights
Education and Defense Fund, Inc. (DREDF). For further information,
see the ADA Position Statement, “Diabetes Care in the School and Day
Care Setting.” (Diabetes Care, Volume 27, Supplement 1, January
2004).
(Requires
Adobe
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Discipline
Of Students With Disabilities In Elementary And Secondary Schools
- This pamphlet summarizes the
responsibilities of school officials under Section 504 and the ADA
and the rights of students with disabilities and their parents or
guardians in situations requiring disciplinary action that could
result in expulsion or long-term suspension from educational
services.
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Discrimination: Sending Special Ed Kids Home Early
- "In my district, special ed kids are sent home from school
early - 30 minutes to an hour earlier than "regular ed" students.
This doesn't seem right. When I asked about it, I was told, "All
special ed students are released early" and "That's the rule."
"Is this legal?" - No. When your district says, "All special ed
students are released early - that's the rule," they are
discriminating against these children and violating the law. What
can you do? In December 1998, PIER filed a
compliant with the Office for Civil Rights (OCR). Download the
OCR COMPLAINT:
http://www.wrightslaw.com/law/pleadings/va.vabch.pier.ocr.pdf
(Requires
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Free
Appropriate Public Education for Students with Disabilities: Requirements
Under Section 504 of the Rehabilitation Act of 1973.
(1999)
- Section 504 of the
Rehabilitation Act of 1973 protects the rights of individuals with
disabilities in programs and activities that receive federal funds.?
Section 504 provides that: "No otherwise qualified individual with a
disability in the United States . . . shall, solely by reason of her
or his disability, be excluded from the participation in, be denied
the benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance . .
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Frequently
Asked Questions about Section 504 & the Education of Children
with Disabilities -
An
important goal of the Office for Civil Rights (OCR) is to foster
partnerships between school districts and parents to address the
needs of students with disabilities. Such partnerships empower
all parties to secure quality education. OCR has experienced a
steady influx of complaints and inquiries in the area of
elementary and secondary education involving Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section
504). Most of these concern identification of students who are
protected by Section 504 and the means to obtain an appropriate
education for such students. OCR reached out to parents and
school districts to determine the kinds of assistance they
needed.
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Higher
Education's Obligations Under Section 504 And The American with
Disabilities Act -
The Office for Civil Rights in the U.S. Department of Education
(Department) enforces regulations implementing Section 504 with
respect to programs and activities that receive funding from the
Department (34 C.F.R. Part 104 [1988]). The Section 504 regulation
applies to all recipients of this funding, including colleges,
universities, and postsecondary vocational education and adult
education programs. Failure by these recipients to provide auxiliary
aids to students with disabilities that results in a denial of a
program benefit is discriminatory and is prohibited by Section 504.
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Letter
to Zirkel: Is There a Limit on What School Districts have to do,
and have to Spend, to Meet the 504 Rights of Students with
Disabilities. -
A nationally recognized
authority on special education law in general, and Section 504
in particular, wrote the federal Office for Civil Rights for an
interpretation. Their letter in response is referred to as
Letter to Zirkel and was signed by the chief officer for civil
rights in the U.S. Department of Education. The basic question
was whether there was a limit on what school districts had to
do, and had to spend, to meet the 504 rights of disabled
students.
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Leveling
the Playing Field or Leveling the Players?
- Section
504, the Americans with Disabilities Act and
Interscholastic Sports -
Schools are
faced with a growing body of case law outlining the legal limits
regulating the participation of students with disabilities in
interscholastic sports. This article provides a systematic
synthesis, including jurisdictional differences, of the agency and
court rulings that apply Section 504, the Americans with
Disabilities Act, and the Individuals with Disabilities Education
Act to interscholastic athletics. This comprehensive framework also
provides insight into how these federal statutes likely pertain to
the participation of students with disabilities in other
extracurricular activities. The article concludes with
recommendations for prudent professional practice.
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Making
Sure The IEP Is Carried Out -
Congress
recognized we had taken for granted for the past 25 years that our
child's Section 504 plan or their IDEA IEP would be carried out.
What they learned was that few personnel other than a specific
related service person (for example doing OT twice a week) paid any
attention to the IEP.
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Notice of Rights for Disabled Students and Their Parents Under
Section 504 of the Rehabilitation Act of 1973
- The Rehabilitation Act of 1973, commonly known in the schools as
“Section 504,” is a federal law passed by the United States Congress
with the purpose of prohibiting discrimination against disabled
persons who may participate in, or receive benefits from, programs
receiving federal financial assistance. In the public schools
specifically, §504 applies to ensure that eligible disabled students
are provided with educational benefits and opportunities equal to
those provided to non-disabled students.
(Requires
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OCR Duty Not to
Discriminate Under Section 504 - A wealth of
information on various topics related to students with disabilities
including: Parental attendance requirement for disabled child to
participate in field trip wisely rescinded; Competitive athletic
teams: disabled students receive equal opportunity to try out;
Student must be able to meet legitimate expectations of
extracurricular activity position in order to keep it; When do we
need a behavior management plan (BMP)?; Whether the child knows
right from wrong is not the proper link inquiry; Disciplinary
transfer to a different school can be a significant change of
placement; Thanks for appealing your suspension on the 9th day...;
Calling the police in an evenhanded manner still o.k.; Use of
improper restraint; Isn’t 35 disciplinary referrals enough? OCR
thinks so.; Accommodate AND DO THE PAPERWORK; Consent required for
initial evaluation to §504.; The implicit §504 requirement of safe
transportation; We think you’re eligible for §504 but won’t evaluate
you; Honor Roll & Academic Awards; Limited participation in
elementary graduation ceremony not discriminatory.
(Requires
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Overview of
Section 504 - In 1973
when the Rehabilitation Act was passed, little was being done on a
federal level to encourage participation and equal access to
federally funded programs by the disabled. While largely geared
toward providing job opportunities and training to disabled adults,
the Act also addressed, though very discreetly, the failure of the
public schools to educate disabled students.
(Requires
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Overview of ADA
- The Americans with Disabilities Act (ADA) gives
civil rights protections to people with disabilities. It guarantees
individuals with disabilities equal opportunity in the following
areas....
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Your
School Said Your child is IS "MERELY 504" Meaning They
are NOT Going to Get as Much as Students Eligible Under the
IDEA?
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Section 504 is a
non-discrimination statute. It has required since 1973, any
recipient of federal financial assistance to make available the
benefits of its program and activities without discrimination on
the basis of a disability. The definition of unlawful
discrimination in both Section 504 (29 U.S.C. 794) and the ADA
(42 U.S.C. 12132) is being excluded from participation in, or
being denied the benefits of, the services, programs or
activities of a school district solely on the basis of a
disability.
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A
Parent and Educators Guide to Section 504 - Equal
Rights for ALL Students
a pamphlet which provides
information and describes the requirements of Section 504 of the
Rehabilitation Act of 1973 with respect to preschool, elementary and
secondary school policies involving placement of children with
physical and mental disabilities. This pamphlet is designed
specifically to give parent's understanding by providing information
to help them access services for eligible Section 504 students.
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Placement
of a Child in Special Education or Section 504
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Section 504 and Title II of
the ADA prohibit the discriminatory assignment of disabled
students to segregated classes or facilities. These laws apply
to elementary and secondary as well as postsecondary schools. In
elementary and secondary schools, disabled students may be
assigned to separate facilities or courses of special education
only when this placement is necessary to provide equal
educational opportunity to them. Any separate facilities, and
the services provided in separate facilities must be comparable
to other facilities and services.
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Prohibited
Disability Harassment -- Reminder of Responsibilities under Section 504
of the Rehabilitation Act of 1973 & Title II of the Americans with
Disabilities Act
(OCR letter)
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Our purpose in writing is to
develop greater awareness of this issue, to remind interested
persons of the legal and educational responsibilities that
institutions have to prevent and appropriately respond to disability
harassment, and to suggest measures that school officials should
take to address this very serious problem. This letter is not an
exhaustive legal analysis. Rather, it is intended to provide a
useful overview of the existing legal and educational principles
related to this important issue.
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PROTECTING STUDENTS WITH DISABILITIES Frequently Asked Questions about Section 504 and the Education of Children with Disabilities
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An important goal of the Office for Civil Rights
(OCR) is to foster partnerships between school districts and
parents to address the needs of students with disabilities. Such
partnerships empower all parties to secure quality education.
OCR has experienced a steady influx of complaints and inquiries
in the area of elementary and secondary education involving
Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. § 794 (Section 504). Most of these concern identification
of students who are protected by Section 504 and the means to
obtain an appropriate education for such students. OCR reached
out to parents and school districts to determine the kinds of
assistance they needed.
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REHABILITATING
SECTION 504 -
This report provides a
blueprint for addressing the shortcomings that have hindered
Section 504 compliance and enforcement until now. Among the
various strategies and approaches to improve Section 504, NCD
recommends that the Federal Government conduct periodic and
thorough Section 504 self- evaluations; improve data collection
and dissemination of data about Section 504 enforcement efforts;
bolster Department of Justice resources and guidance to federal
agencies on Section 504 enforcement; and apply successful
practices in Section 504 technical assistance and enforcement
used by federal agencies.
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Sample
Section 504 Plan & Diabetes Medical Management Plan for a
student with diabetes
- The 504
Plan sets out an agreement for making sure the student has the same access
to education as do other children. It is a tool that can be used to make
sure that the student, the parents/guardians, and school personnel
understand their responsibilities and to work out potential problems or
misunderstandings ahead of time. A 504 Plan may be developed as a result of
a request by the school, a request by the parents/guardians, or in response
to a problem with the student’s care at school.
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Section 504: Accommodations & After-School Programs
- Q: My 8-year-old son has been kicked out of an after-school
program run by a non-profit agency in his elementary school
building. He has ADD and some behavioral problems and is on an
IEP during his school day. The director of the program said, "He
has an innate oddness and intensity about him that frightens the
other children." Don't they have to try to include him? A: I've
received quite a few questions similar to this one over the last
few weeks, touching on the responsibilities of private programs
to provide services to children with disabilities. The same
question comes up for children in public school programs when
they do not qualify for special education services, but still
need accommodations in order to attend school or participate in
various school activities. (One person asked how she could help
her brother who uses a wheelchair and has been prevented from
attending the same high school as she does because of the high
school's lack of an elevator or lift.)
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Section 504 Committee Decision Making Chart -
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Section 504: It Is Not "Unfunded" Special Education
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Not surprisingly, the resistance
to and ignorance of Section 504 and how this federal act can
be used to offer assistance to students, is now creating litigious
nightmares for school districts and teachers across the nation. A
list of potential accommodations, an argument on why teachers need
training in 504, a brief history of Section 504, and a
working definition of the law.
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Section
504: Meeting the Needs of All Students
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With the passage of the
Americans with Disabilities Act (ADA), Section 504 of the
Rehabilitation Act of 1973 is receiving more and more attention. A
recent joint memorandum from the U.S. Department of Education and
the Office for Civil Rights regarding the eligibility of students
with attention deficit disorders reiterated the requirements of
Section 504 and the Individuals with Disabilities Education Act
(IDEA). Many questions have arisen regarding the relationship
between the ADA, Section 504, and the IDEA. Special education
administrators have requested the Office of Superintendent of Public
Instruction (OSPI) to provide technical assistance to school
districts to assure compliance with these statutes.
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A
Step-by-Step Process for Developing a §504 Program from Scratch
- A program of compliance with the educational
services requirements of §504 of the Rehabilitation Act of 1973
consists of a process by which disabled children who may be in need
of services under §504 are identified, evaluated, and placed in
accordance with their educational needs so that they have an equal
opportunity to benefit from the school’s academic and nonacademic
activities. A solid program also ensures compliance with the
procedural safeguards of §504 with respect to notice to parents, an
opportunity to examine relevant records, right to a due process
hearing, and right to a review of a due process hearing decision.
(Requires
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Three Prong
Chart
- comparing
eligibility area
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Twenty-Two
Services Available in the Regular Classroom for Section 504
Eligible Students -
Section 504
entitles students to a wide range of services -- provisions of
regular OR special education AND related aids and services
[34 C.F.R. 104.33(b)(1)].
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What is a "SUBSTANTIAL LIMITATION”?
- To be eligible under §504,
one must be “qualified” [which, depending on state law, roughly
equates to being between three and twenty-two years of age and a
resident of the school district, 34 C.F.R §104.3(k)(2).] and
“handicapped.” Note that since this regulation was drafted, the
Americans With Disabilities Act was passed, and the term
“handicapped” has be en replaced with “disabled.” Under
§104.3(j)(1 ) of the regulations: That 1991 USDOE "Joint Policy
Memorandum" suggests, as an example,
twenty-two services that must be available in regular classrooms
for Section 504 eligible students. The services are in a
two paragraph list of options in the Memorandum, which we have
broken out and listed separately:
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Who is Eligible for Protections Under Section 504 - But Not
Under IDEA?
Who is protected under Section 504? A
student with AIDS? A student with ADD? A student with asthma?
