504 Plans & Process

Section 504 of the Rehabilitation Act of 1973 is a Federal Civil Rights Law that prohibits disability discrimination and guarantees students with disabilities have equal access to educational opportunities, including a free appropriate education (FAPE) in public elementary and secondary schools. _{(US Department of Education Fact Sheet)}

An individual with a disability is a person who has (or has a record of) a physical or mental impairment that substantially limits one or more major life activity. Major life activities mean functions such as caring for one self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Whether a particular condition is a disability within the meaning of 504 and ADA is determined on a case-by-case basis. 

All decisions regarding a student’s 504 eligibility, placement and the provision of any necessary accommodations and/or related aids or services will be made by the 504 Team, and must be based on information from a variety of sources, with information from all sources being carefully considered and documented.

Members of the 504 Team may include the building 504 Coordinator or approved designee, a school nurse when appropriate, and any other appropriate school staff who are knowledgeable about the student and/or the evaluation information. The student and his/her parent/guardian is typically invited to participate in the 504 Team meeting and has the opportunity to examine all relevant educational records. The school and the parent/guardian may invite other individuals with knowledge about the child and/or the process to the 504 meeting.

A written notice will be given to the parent/guardian prior to the meeting, notifying them of the time, place and purpose of the meeting.

The building 504 Coordinator or approved designee will chair the meeting. Meeting minutes may be taken and if so, a copy of the minutes will be made available to the parent/guardian and placed with the student’s education records folder within a reasonable time after the meeting.

Team decisions should be made by consensus. It is not appropriate to make eligibility or programming decisions based on a majority “vote.” In the absence of consensus, the 504 Coordinator or approved designee at the meeting will make the final decision regarding a child’s eligibility and, if needed, the accommodations and related aids and/or services that the child needs to access school programming.

The school district will provide the parent/guardian with notice of the district’s decision. Parent/guardian has a right to seek resolution of any disagreements through the local grievance procedure or by initiating an impartial hearing.

If a students is considered disabled under Section 504, a Section 504 plan will be created. If that student is also eligible for services under IDEA, then in most cases, an Individualized Education Program (IEP) will take the place of the 504. 

Both IEPs and 504s are individualized for student's specific needs, but they differ in what they provide the student. A 504 plan is focused on ensuring that the student receives the necessary accommodations to access the general education curriculum and remove barriers, such as classroom accommodations like preferential seating or access to materials in an audio format. A student with an IEP may as have specific interventions such as reading intervention or services provided such as speech-language pathology. 

Referral, Evaluation and Eligibility

1. A referral to consider Section 504 eligibility may be made by a parent/guardian, eligible adult student or school staff for a student who is believed to have an impairment and needs aids, services, and/or reasonable accommodations beyond those routinely provided for all students.

    

2. The building 504 Coordinator or other designated person will gather information that will assist the 504 Team in making a determination regarding the student’s eligibility and programming from appropriate sources (e.g., teachers, school nurse, parent, administrators, physician, etc.).

    

3. The 504 Coordinator, the 504 Team or the parent may decide to move the referral into the special education referral process, rather than the 504 process, if it appears that the child may be in need of individualized specialized instruction as a result of the suspected disability.

    

4.  

   The building 504 Coordinator or other designated person will convene a 504 Team meeting within a reasonable time to consider the concerns raised in the referral and any available information. The parent will be provided a Notice of Parent/Student Procedural Safeguards.

    

5. If the student is found eligible and the team proposes a 504 plan for him or her, parental consent for the child’s placement in the 504 system will be sought. Parental consent is suggested only for initial placement into the 504 system. Consent is not required for any other changes in the child’s program once he or she is in the 504 system.

    

6.  

   The Team must make decisions about eligibility and significant changes in programming based upon an evaluation of the child’s unique needs. The evaluation may consist of a review of existing evaluative information and other data.

    

Programming and Placement

1. If the Team determines that a student is eligible under Section 504, the Team will determine if a 504 Plan for the student is appropriate. If the Team determines that, despite his or her eligibility, the student does not require accommodations and/or related aids or services, the Team will document this decision. If the Team determines that accommodations and/or related aids or services are required at this time, the Team will indicate this on the Section 504 Plan.

    

2. The 504 Plan will be made available to all staff who work with the student and to the 504 Coordinator. A copy of the 504 Plan will also be provided to the parent/guardian. The plan will be reviewed periodically.

    

Re-evaluation

1. All 504 students must be re-evaluated periodically, but not less than every three years, to determine their continued eligibility and, if eligible, their need for accommodations and/or related aids or services. A re-evaluation may consist of a review of existing evaluative information and other data.

Any individual who believes a specific individual or class of individuals has been subjected to discrimination on the basis of a disability may file a complain with the Office for Civil Rights (OCR). Complaints must be filed within 180 days from the date of alleged discrimination. OCR may extend the 180-day deadline if you can show "good cause." Any formal complaints must be sent to: 

Office for Civil Rights
US Department of Health and Human Services
Government Center
J.F. Kennedy Federal Building-Room 1875
Boston, MA 02203

_{(Free Appropriate Education (FAPE) from the Parent Educational Advocacy Training Center}