Section 504

PROFESSIONAL DEVELOPMENT LESSON PLAN CINDY MILLER-WALKER NELA COHORT 3

SCHOOL LAW, DR. K. BRADY

ACTIVATOR/MOTIVATOR
Read the following statement and determine if it is

true or false.
If a student is eligible under Section 504 he/she is eligible for special education services under IDEA (i.e. needs an IEP).

ACTIVATOR/MOTIVATOR
False
Just because a student is Section 504 eligible does not automatically make him/her eligible for special education services under IDEA. A student with the 504 does have a disability which limits a major life activity however, it does not qualify him/her for special education services.

RATIONALE
There are more than 6 million students with disabilities in U.S. public

schools. Lawsuits involving students with disabilities against school districts have been on the rise. With a greater understanding of the law, teachers will be able avoid unnecessary lawsuits and better provide for their students. At our school we have many students that have Section 504 accommodation plans. It is important that we are in compliance with the law and more importantly that we provide those students with what they need when it comes to learning. Sometimes there are bogus claims from parents wanting their child to have a 504 accommodation plan just to get extra time on standardize tests for fear of retention or poor performance. Educators need to know when a Section 504 is legitimately needed.

OBJECTIVES
Teachers will be able to identify key distinctions

between IDEA, Section 504, and the ADA. Teachers will be able to apply the laws in reference to Section 504 to real-life classroom scenarios/case studies. Teachers will be able to better confront Section 504 issues arising in the classroom.

THE LAW
Section 504 of the Rehabilitation Act of 1973
is a federal law (civil rights law) that requires any person or agency

receiving federal funds to have policies in place that prohibit discrimination against persons with disabilities

Section 504 covers some issues that are also covered by IDEA as well as a few situations that are not covered by IDEA

THE LAW
Section 504 protects a student who:
A.

has a physical or mental impairment that substantially limits one or more major life activities B. has a record of such an impairment or C. be regarded as having such an impairment

THE LAW
Section 504 requires that school districts provide a

free appropriate education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

Section 504: Impairments

Section 504 defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more bodily systems:
neurological
musculoskeletal special sense organs

respiratory
cardiovascular reproductive digestive genito-urinary

hemic and lymphatic

skin endocrine

Section 504: Impairments

Any mental or psychological disorder

Mental retardation
Organic brain syndrome Emotional or mental illness

Specific learning disabilities

Section 504 Major Life Activities

As defined in the Section 504 regulations, major life activities include: Self-care Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working

IDEA v. Section 504 v. ADA

The basic differences The Individuals with Disabilities Education Act(IDEA) is an education benefit law while Section 504 and The Americans with Disabilities Act are a civil rights laws IDEA provides FAPE and accommodations based on an IEP (Individualized Education Plan)for a special needs child or a student with a disability 504 is tied to federal funding but provides none ADA neither tied to federal funding Due to the different natures of Section 504 and IDEA there will be students who will be eligible in both or in only one of them

Comparison Table
IDEA Funding statute Provides approx. 1520% of excess cost students aged 0-21 504 Civil rights act Tied to federal funds
Students in elementary, secondary, postsecondary, employees, facilities, extracurricular activities

ADA Civil rights act Not tied to federal funds Same as 504

2-part definition of disability Child-find obligation FAPE Specifically prescribed IEP

Broader 3-part definition of disability, protects more students Child-find obligation less specific and less strong FAPE DocumentationAccommodation Plan

APPLICATION -Content to Practice

In your group read your assigned scenario; discuss it,

and answer the questions at the end.

 Cindys hearing was recently tested at her

Scenario 1

teachers request. It was found that Cindy has impaired hearing in both ears. One ear is affected substantially more than the other. Cindys parents are anxious to do all they can for her and appreciated your concern and suggestions for having her hearing tested. The classroom is in a school situation where grades are grouped into pod sections of three. The different classes are divided by hanging, movable, curtains and sound from the adjoining classrooms is always prevalent in the class? 1. Does Cindy have a disability? 2. Would a Section 504 accommodation plan be appropriate in this case? Why?

 Yes, Cindy has a disability- hearing

Scenario 1 Explanation

impairment in both ears and substantially more in one ear than the other. In addition to her disability, the school environment that she is inpod section with sounds from other sections, will limit hearing for the purposes of learning which is a major life activity; therefore a 504 plan would be appropriate.

 A student has been diagnosed with

Scenario 2

Attention Deficit Hyperactivity Disorder (ADHD). The parents automatically want a 504 accommodation plan written. There is no evidence that shows that the ADHD is having an adverse affect on the students performance in school. 1. Should the school support the student through a 504 Plan? 2. Could the parents sue the school district if a 504 Plan is not implemented?

 A 504 plan is not automatic in this case. The students

Scenario 2 Explanation

ADHD must be found by a medical professional as being a disability that is substantially limiting the student in a major life activity. It must be determined if his ADHD is interfering with his learning in the school environment. is not having an adverse effect on his learning.

The parents can not sue in this case since the ADHD

ADHD has become a controversial diagnosis.

There is nothing in the law or regulations that requires a student with ADHD to be served as a 504 student. Especially since it does not intefere with learning. Students with ADHD may be eligible for special education services (IDEA services) under categories of LD, ED, OHI or other categories depending on how the ADHD presents in the school. Parents and school personnel should first determine whether the student meets any of the eligibility categories under IDEA before considering Section 504. The parents can not sue.

 A parent has refused to consent to

Scenario 3

place the student in a special education program (or has revoked consent for ongoing special education services) but however, would like a 504 Plan instead.

Does the parent have the right to not to consent to the special education placement? 2. Can the school develop and implement a 504 Plan for this student?
1.

 A parent does have a right not to consent

Scenario 3 Explanation

to the child to receive special education services. Just because the parent does not consent to the placement of a student in special education does not mean that the student does not have a disability for purposes of Section 504. Section 504 can certainly cover conditions that are also covered under IDEA. I the event that a parent refused to consent to place a student in special education, the school and the parent may certainly consider developing a 504 plan to provide some support to the student even though the student cannot be placed in special education.

 A student broke his wrist in a

Scenario 4

sporting event over Spring Break. When he returns to school he is not able to complete any written assignments in class or for homework. 1.Is this students broken arm considered a disability? 2. Is this student eligible for a Section 504 plan? Why or Why not?

 Under Section 504 the students

Scenario 4 Explanation

broken wrist is considered a temporary disability and the student would be protected. This student would be eligible for a 504 accommodation plan because his disability limits a major life function of a manual task, in this case writing. His disability will interfere with his learning in the school environment because he would not, for instance, be able to take notes if he needed to for a test. The plan will cover the period in which the students activity is limited by the temporary condition.

 Section 504 does not require the

Best Practice

preparation of an IEP for students protected under the law. It is good practice to prepare a written individualized plan to document educational services the school district provides to a student under Section 504.

ASSESSMENT
Distribute 3x5 note cards and ask teachers to write

three things learned on one side and three things they want to know more about on the other. Participants will share some of their responses to both questions.

http://sss.usf.edu/504tutorial/Introduction/Introdu

ction.html

Resources