1. What is Section 504?
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is a federal civil rights statute that prohibits discrimination against individuals with disabilities
Section 504 applies to recipients of federal financial assistance, such as school districts.
Several years after enacting Section 504, Congress enacted the Americans with Disabilities Act (the “ADA”), which also prohibits discrimination against individuals with disabilities
Title II of the ADA applies to all public entities, including school districts, regardless of whether they are recipients of federal financial assistance.
Talk about Private and Charter Schools

2. Important Provisions of Section 504
No qualified person with a disability shall, on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any school district program or activity. 34 C.F.R. § 104.4(a).
No qualified person with a disability shall, because the school district’s facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any district program or activity. 34 C.F.R. §
The school district shall provide a free appropriate public education to each student in the district, regardless of the nature or severity of the student’s disability. 34 C.F.R. § (a).

3. What is a “disability” under Section 504?
A physical or mental impairment that “substantially limits”* one or more major life activities; or
A record of such an impairment; or
Being regarded as having such an impairment.
* Unable to perform a major life activity that the average person in the general population can perform or “significantly restricted “as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population that can perform the same major life activity
Explain the changes from asking for a formal diagnosis

4. What are “major life activities”?
Caring for oneself
Performing manual tasks
Seeing
Hearing
Eating
Sleeping
Walking
Standing
Lifting
Bending
Speaking
Breathing
Learning
Reading
Concentrating
Thinking
Communicating
Working
List Not meant to be exhaustive
No longer just about educational issues

5. “Major life activities” also include the operation of a major bodily function, including but not limited to:
Functions of the immune system
Normal cell growth
Digestive functions
Bowel functions
Bladder functions
Neurological functions
Brain functions
Respiratory functions
Circulatory functions
Endocrine functions
Reproductive functions
Muscular/Skeletal system

6. Physical Impairment Examples
Drug/Alcohol use - (confusing)
Pregnancy
Contagious diseases
Obesity
Speech impairments
Food Allergies
Multiple chemical sensitivities
Asthma
Diabetes
Temporary Impairments
Orthopedic Impairment
Reconsider eligibility for students with health plans

7. Mental Impairment Examples
Depression
Bi-polar
Anxiety
Phobic
Behavior
Social maladjustment

8. What’s the difference? 504 IDEA Not entirely focused on public schools
Civil rights law
No $$ allocated; district picks up cost
Impaired, substantially limits MLA
Compares with nondisabled peers, seeking = opportunity to participate and benefit
Group of people knowledgeable about student, that reviews evaluation data and options (504 Team)
Focused on public schools
Entitlement law
Some $$ allocated
Educational disability and in need of Special Education/Related Services
Educational benefit to individual child
IEP Team makes decision

9. Procedural Considerations
Referral can be made by anyone
Once the referral is made, a team of professionals, who have knowledge of the referred student is convened and this team will determine eligibility for 504
Parents need to give permission for evaluation; they should be encouraged to attend the meeting
If a 504 Plan is warranted, the 504 Building Coordinator or counselor will formalize the teams recommendations on the 504 Plan and will distribute the final document to the appropriate staff
Parents will receive a copy of the 504 plan and a copy of the “Parents Rights”
Faculty/Staff will be notified on a NEED TO KNOW basis, every semester
*Talk about what best practice is in their district regarding parent participation

10. Writing the 504 plan (PSD uses Frontline ENRICH on-line sytem)
Must include the results of any evaluations done
Explanation of the disability (physical/mental impairment)
Identification of the Major Life Activity limited by the disability
The impact on education and access to education
Necessary and reasonable accommodations
Placement in the Least Restrictive Environment (“LRE”)
Plan must be periodically reviewed (Recommendation is to review annually)

11. Manifestation Hearing*
YES for Students with 504 Plans!
10 Days (similar to Students with IEPs)
*A meeting to determine whether a student’s behavior that resulted in suspension/expulsion was a manifestation of their disability

12. Frequently Asked Questions
What do you do with a student’s 504 Plan if the student moves to another site?
The 504 Plan should follow the student to the new school. The 504 Team at the receiving site should review the accommodations and distribute to appropriate staff.
Who is responsible for 504 Plans if there is no counselor in a school?
Each building must designate a 504 Coordinator that is responsible for coordinating 504 meetings and distributing plans.
Do we have to have an official diagnosis and who can make a diagnosis?
A licensed/certified clinician can make a diagnosis and that information is one part of the overall evaluation; however, an official diagnosis is not necessary to consider eligibility for a The 504 Team must determine if the impairment is substantially limiting a “major life function”.

13. Frequently Asked Questions (cont.)
Can or should we write a 504 Plan when a student exits an IEP?
If a student no longer qualifies for an IEP, a 504 Plan may be considered; however, many times it is not necessary. Also, a 504 Plan needs to be considered and developed by a 504 Team, not the IEP team.
Can a student have a 504 Plan and an IEP at the same time?
Yes they could; however, it is a more common practice to incorporate the accommodations into the IEP if appropriate and not have two documents.
Do students with a 504 Plan have procedural safeguards such as manifestation* in place if they are suspended or up for expulsion?
YES, as with students on an IEP, a manifestation hearing must occur within 10 days. (*A meeting to determine whether a student’s behavior that resulted in suspension/expulsion was a manifestation of their disability)

14. Frequently asked questions (cont.)
Do we have to include every recommendation presented by parents and community professionals on the student’s 504 Plan?
All outside documentation and reports from professionals and family should be considered as part of the evaluation; however, the 504 Team determines what accommodations are necessary for the school environment.
Can we wait to determine a student’s 504 eligibility until the student goes through the MTSS (Multi-tiered System of Support) process?
No, if a student has a known impairment that is substantially impacting a major life activity, a 504 meeting to determine eligibility should occur immediately. A student may receive 504 accommodations on all tiers of MTSS.

15. Frequently asked questions (cont.)
Does a parent have to give permission for staff to evaluate student for a 504 Plan?
Yes; a parent does need to give permission for an evaluation by school staff.
What can we do to keep us in compliance?
Have a 504 Team determine eligibility and develop the 504 Plan if needed
Distribute plan to appropriate staff
Maintain confidentiality
Provide accommodations that are written on plan
3 logical steps

16. For more information Ruben Chacon, Director of Student Services