1. Section 504
Revised 9/15/2017

2. I. What Is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights statute that prohibits discrimination on the basis of a disability

3. Section 504 provides:
“No otherwise qualified handicapped individual … shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…”

4. Section 504 and the IDEA compared
There is no funding designated to assist with implementation of Section 504 requirements. In contrast, the IDEA is a funding statute—state and federal funds are allocated to implement programs for eligible students.
Section 504 covers any physical or mental impairment that substantially limits a major life activity. In contrast, IDEA eligibility is determined based on whether a student has one of fourteen specific disabilities requiring specialized instruction.
Section 504 is a nondiscrimination statute designed to provide each student equal opportunity to receive public education. The IDEA provides specialized instruction to enable the eligible student to receive an educational benefit.
Section 504 may cover students with no educational need such as a student with a mobility impairment. In contrast, the IDEA is limited to students who demonstrate a need for specialized instruction.
Section 504 and the IDEA both require that eligible students receive FAPE, though FAPE requirements differ between the statutes.

5. FAPE (Section 504 and IDEA compared)
Section 504 requires that eligible students receive a free appropriate public education (FAPE), defined as:
Regular or special education and related services that are designed to meet the educational needs of students with disabilities as adequately as the needs of nondisabled students
The IDEA is more specific and requires FAPE consisting of:
Special education and related services that: 1) are provided at public expense, under public supervision and direction, without charge; 2) meet the standards of the state educational agency; 3) include an appropriate preschool, elementary, or secondary school education in the state involved; and 4) are provided in accordance with an IEP.

6. Comparing Section 504 and IDEA eligibility

7. Section 504 Coordinator
The District’s Equal Employment/Education Opportunity Officer (EEO Officer) is the District’s Section 504 Coordinator.
The Coordinator is responsible for District compliance with Section 504 requirements.
Section 504 forms are available on the iPlan document management system.
Section 504 plans are developed and maintained using the District’s iPlan system.

8. II. Section 504 Eligibility

9. Section 504 Duty to Evaluate
A student should be evaluated for Section 504 eligibility when:
The parent has requested an evaluation, or
The District believes the student has a physical or mental impairment that substantially limits one or more major life activities AND believes that the student is in need of either regular education with supplementary services or special education and related services.

10. Section 504 Eligibility Standard
An eligible student is a student who has a: (1) physical or mental impairment which (2) substantially limits (3) one or more major life activities

11. What is a Physical or Mental Impairment Under Section 504?
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary, hemic and lymphatic; skin; and endocrine; or
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Section 504 does not define specific impairments.
Examples of qualifying impairments may include: behavior disorders such as ADD/ADHD and ODD, and physiological impairments such as diabetes, asthma, physical disabilities, allergies, and hearing impairments.

12. What does “Substantially Limit” Mean Under Section 504?
“Substantially limits” means restricted as to the condition, manner, and duration under which the student can perform a major life activity as compared to the average student of approximately the same age.
For an impairment to be substantially limiting, the impairment must have an impact that makes the student’s abilities substantially different and outside the range of average students of approximately the same age.

13. What Constitutes a “Major Life Activity”?
Following is a non-exhaustive list of major life activities:
learning, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and the operation of major bodily functions, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions
Note that eligibility is NOT limited to those students whose impairment substantially limits learning. Limitations to major life activities other than learning may qualify a student for Section 504 eligibility.

14. What About Temporary Disabilities?
Determination must be made on a case-by-case basis, taking into consideration the severity and the duration of the impairment.
Generally, the physical or mental impairment at issue must be permanent or anticipated to persist for 6 months or more.
Temporary, non-chronic impairments should generally not trigger Section 504 eligibility; e.g., broken arm, recovery from surgery, temporarily at-home recovering from illness.
Most temporary disabilities can be addressed via regular education services; i.e., homework, make-up work, minor classroom/environment accommodations.
Pregnancy is generally not a qualifying disability unless unexpected complications arise.

15. Mitigating Measures Mitigating Measures—Eligibility
In determining eligibility, the 504 Team should not consider the effects of medications or devices that may mitigate the impacts of the impairment where the student is eligible without the use of the mitigating measure. The non-exhaustive list of mitigating measures includes:
medication; medical supplies, equipment or appliances; low-vision devices that magnify, enhance, or otherwise augment a visual image; prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.
Mitigating Measures—Accommodations
In developing the 504 Plan, the 504 Team should consider the effects of mitigating measures in determining appropriate accommodations.

16. Eligibility reminders
In evaluating eligibility, compare the student to an average student of approximately the same age.
Eligibility is NOT influenced by whether the student is reaching his own potential or parent’s expectations.

17. Specific eligibility issues
Physician or psychologist opinion as to student’s eligibility status is only one source of information the team should consider.
A medical or mental health provider’s diagnosis of an impairment does not automatically qualify a student as Section 504 eligible; however, the diagnosis should be carefully considered in determining whether the diagnosed condition substantially limits a major life activity.
The school must evaluate for eligibility even if there is no medical or mental health provider’s diagnosis for whatever reason.
Eligibility can be determined without an evaluation from a medical or mental health provider if there is other information sufficient for the Section 504 Team to determine eligibility.
If the Section 504 Team is unable to determine eligibility without an evaluation from a medical provider, the Team may need to secure consent to refer for an evaluation at District expense.
Students eligible under IDEA should be served by implementation of an IEP. A separate Section 504 plan is unnecessary and should not be developed.

18. III. Steps in Determining Section 504 Eligibility

19. A. Section 504 Building Coordinators
Each school principal has designated a “Section 504 Building Coordinator.”
The Building Coordinator is responsible for facilitating the efforts of the Section 504 Team in determining eligibility, developing a Section 504 Plan, performing annual reviews and reevaluation of Plans, and maintaining Section 504 files at the school

20. B. Ensure That All Procedural Requirements Are Met Prior to Meeting
Section 504 “Notice of Rights” provided to parent/guardian.
Appropriate Section 504 Team Membership
- Parent/guardian
- Persons knowledgeable about the child, meaning of evaluations, and placement options.
-Team members may include: teacher(s), nurse,
counselor, school psychologist, school administrator

21. 1. Notice of Rights
Before the Section 504 Team can consider eligibility, the school must provide the parent with the District’s “Notice of Rights” form.

22. 2. Consent
Before the Section 504 Team may consider eligibility, the parent or guardian MUST give consent to allow the team to consider the student for eligibility.
If a parent/guardian does not give consent, the school should note the parent was provided with the “Notice of Rights” form and “Initial Consent” form and declined consent.
No student may be evaluated for eligibility without parent/guardian consent unless an exception is granted by the District’s Section 504 Coordinator.

23. C. Properly Prepare for the Section 504 Meeting
School representatives and parents should organize and review all data prior to Section 504 meeting.
Bring copies of all relevant medical records.
Determine whether any initial evaluation/testing suggests the need for additional evaluations.

24. D. Review Data
The Section 504 Team should review all available documents, reports, diagnoses and other data available in making its eligibility determination. Documents and information that may be considered include:
Health records/medical diagnoses
Standardized test scores/class work
Progress reports
Parent/teacher reports and observations
Student work samples/student input
Disciplinary records
Prior special education testing results (if student is not eligible for special education)
Cumulative records

25. E. Documenting Eligibility Determination
Following the eligibility meeting, the Team should complete the “Notice of Section 504 Eligibility” form
The “Determining Section 504 Eligibility” document is designed to assist Section 504 Teams in evaluating a student for eligibility.

26. IV. Developing a Section 504 Plan

27. A. Tips for Developing a Section 504 Plan
Identify the student’s disability, major life activity impacted, and educational impact of disability.
Tailor accommodations to provide the student with an equal opportunity to benefit from regular classroom instruction.
Grade inflation and/or substantial modification of curriculum are NOT appropriate accommodations.
Accommodations should be sufficiently detailed to establish expectations of both the student and school personnel.

28. B. Section 504 Annual Plan Review
Each Section 504 Plan should be reviewed by the Section 504Team on an annual basis.
The Team should also review a student’s plan upon parent request.
The MSBSD Section 504 Accommodation Plan form includes a section for Section 504 Team members to initial following the first and second annual reviews.
Reevaluation and development of a new plan, if applicable, should occur in the third year review.

29. C. Reevaluation
Students must be reevaluated by the Section 504 Team at least once every 3 years.
The Team must also conduct a reevaluation prior to any significant change in placement, including those resulting from recommendations for long term suspension or expulsion.
In addition, reevaluation must occur:
(1) If the Team determines that the child's educational or related services needs including improved academic achievement and
functional performance, warrant a reevaluation; or
(2) If the child's parent or teacher requests a reevaluation.

30. V. Discipline

31. Section 504 Discipline
Students with identified disabilities under Section 504 cannot be expelled or suspended from school for more than 10 days for misconduct that was a manifestation of the student’s disability.
Because an expulsion and/or suspension for longer than 10 days is considered a “significant change in placement,” a manifestation determination should be completed to determine whether or not the student’s misconduct was related to his disability.
If the student’s misconduct was a manifestation of his/her disability, the student must continue to receive educational services, generally in the current educational placement (there are special rules for misconduct involving drugs and weapons).

32. Section 504 Discipline, slide 2
There is no specific "stay-put" requirement under Section 504. However, the Section 504 Team should await the results of the reevaluation before recommending the suspension or expulsion resulting in a “significant change in placement.”
The Section 504 Team must develop an individualized behavior management plan for a student with a disability when that student's behavioral difficulties significantly interfere with his ability to benefit from his education.
If the student’s misconduct was NOT a manifestation of his/her disability, the student may be disciplined in a manner consistent with disciplinary procedures applied in disciplining non-disabled peers.

33. Section 504 Discipline, slide 3
A series of suspensions that are 10 days each or fewer in duration may create a pattern of exclusion that constitutes a significant change in placement (cumulatively greater than 10 days)
The determination of whether the series of suspensions creates a pattern of exclusions that constitutes a significant change in placement must be made on a case-by-case basis. Among the factors considered in determining whether a series of suspensions has resulted in a significant change in placement are the length of each suspension, the proximity of the suspensions to one another, and the total amount of time the student is excluded from school.

34. VI. Section 504 Procedural Safeguards

35. A. Section 504 Compliance Requirements
Provide assurances of non-discrimination in Board Policy.
Designate a District Section 504 Coordinator.
Adopt a complaint/due process procedure to resolve complaints.
Annually identify and locate all Section 504 qualified students (Child Find).
Provide parents with “Notice of Rights” containing procedural safeguards.

36. B. Section 504 Child Find Requirement
The District has an affirmative “child find” obligation.
The District must “identify and locate” every qualified disabled child including preschoolers, homeless students, and those attending private school.
School personnel must receive training on the identification of students suspected of having a disability.
Students should be referred for an eligibility determination if
1. A parent/guardian requests an evaluation; or
2. District personnel have reason to suspect the student may need special education or related services.

37. C. Section 504 Complaint Procedure
I. Complaint A parent or guardian who disagrees with any Section 504 Team decision may file a complaint with the District’s Equal Employment/Education Opportunity Officer, who acts as the District’s Section 504 Coordinator.

38. Section 504 Complaint Procedure, part 2
II. Due Process Hearing
A parent or guardian who disagrees with a decision reached by the Section 504 Team regarding
1) eligibility for Section 504 services, or
2) development and implementation of a Section 504 accommodation plan
may request a hearing before an impartial hearing officer by notifying the District’s Section 504 Coordinator. The parent or guardian is entitled to participate in the hearing and be represented by counsel.

39. Questions? MSBSD Section 504 Coordinator: Matthew Teaford EEO Officer