1. DODEA 504 Accommodation Plans
Kaiserslautern District
Ramstein Intermediate School
DoDDS-Europe
January 21, 2014

2. DoDEA AI 2500.14 Nondiscrimination and 504 Accommodation on the Basis of Disability in DoDEA

3. DoDEA AI 2500.14: Policy Nondiscrimination
“A student with a disability, or who has a record of a disability, or is regarded as having a disability,
shall not be excluded from participating in, or be denied the benefits of, any DoDEA education program or activity;
or be subjected to discrimination based solely on a disability.”

4. By The Way…
“A student with a disability, or who has a record of a disability, or is regarded as having a disability,…”
Only applies to protection from discrimination
Does not create eligibility for a 504 Plan
For Eligibility, read on…

5. DoDEA AI 2500.14: Policy Accommodation
“DoDEA schools will provide a free appropriate public education (FAPE): -to students with disabilities -by implementing reasonable 504 Accommodations -upon establishing a student has a disability requiring such 504 Accommodation.”

6. Referrals for Accommodations When should a student be referred?
Enrolls with a 504 Accommodation Plan;
Has a major health concern, especially if documented on an Individual Health Plan (IHP), that is suspected of substantially limiting major life activity;
Requires physical accommodations to access the school;
Continues to display academic and/or behavior problems after receiving SST services, implying a possible undiagnosed impairment; or
Has been referred to the CSC but the student is ineligible or will not be evaluated
504 is not for a student that needs a little help. It is a discrimination law not a service law like IDEA. If you qualify for 504 you might not qualify for IDEA; however, when you are eligible for special education, you are also entitle to 504.
We don’t use 2 plans, IEP and Accommodation since the IEP has a section to list accommodations. Also, for monitoring it is best to have accountability in one program.
ADHD: A PHYSICIAN CAN’T SINGLE-HANDEDLY MAKE KIDS ELIGIBLE. THEY DIAGNOSE THE PROBLEM AND THE TEAM DETERMINES ELIGIBILITY. How does the disorder affect their learning and is it significantly. Is it so significant that the student may be better accommodated by SPED?
Section 504 is to level the playing field. If services are going to kids who aren’t eligible than that playing field isn’t level anymore.

7. When to Refer to the CSC Enrolls with an active IEP
Enrolls with an expired IEP
Enrolls with a partially completed evaluation for special education
Shows poor academic performance and failed response to intervention
When there are signs of adversely affected educational performance

8. When to Refer to the CSC
“When there is doubt whether the student's suspected disability is more appropriately addressed by a 504 Accommodation Team or a CSC, the student should be referred to the CSC.”
AI , Enclosure 3
Sec. 2.b.(1)(c) p. 8

9. IHPs and 504 plans When Should IHP students be referred for 504 Eligibility?
IHPs govern the individualized medical management and preventative plans for students with medical concerns
504 Plans direct the additional individualized educational accommodations for students with medical concerns whose impairment is creating barriers to access.
504 is not for a student that needs a little help. It is a discrimination law not a service law like IDEA. If you qualify for 504 you might not qualify for IDEA; however, when you are eligible for special education, you are also entitle to 504.
We don’t use 2 plans, IEP and Accommodation since the IEP has a section to list accommodations. Also, for monitoring it is best to have accountability in one program.
ADHD: A PHYSICIAN CAN’T SINGLE-HANDEDLY MAKE KIDS ELIGIBLE. THEY DIAGNOSE THE PROBLEM AND THE TEAM DETERMINES ELIGIBILITY. How does the disorder affect their learning and is it significantly. Is it so significant that the student may be better accommodated by SPED?
Section 504 is to level the playing field. If services are going to kids who aren’t eligible than that playing field isn’t level anymore.

10. IHPs and 504 plans IHP: Medical Issues Sample: Severe Allergy
Ensuring Epipen is available
Information in Teacher Sub folder
Tutorials for staff on Allergies; volunteer training on Epipen use
Emergency Action Plan (EAP) given to staff and bus driver
Student not left alone when having a reaction
504 is not for a student that needs a little help. It is a discrimination law not a service law like IDEA. If you qualify for 504 you might not qualify for IDEA; however, when you are eligible for special education, you are also entitle to 504.
We don’t use 2 plans, IEP and Accommodation since the IEP has a section to list accommodations. Also, for monitoring it is best to have accountability in one program.
ADHD: A PHYSICIAN CAN’T SINGLE-HANDEDLY MAKE KIDS ELIGIBLE. THEY DIAGNOSE THE PROBLEM AND THE TEAM DETERMINES ELIGIBILITY. How does the disorder affect their learning and is it significantly. Is it so significant that the student may be better accommodated by SPED?
Section 504 is to level the playing field. If services are going to kids who aren’t eligible than that playing field isn’t level anymore.

11. IHPs and 504 plans 504 Plans: Specific & Individualized Steps Sample: Severe Allergy
Peanut-Free zones
Letter home to other parents requesting refraining from sending nut snacks
All class members sanitizing hands before coming in classroom
Bus safety (no eating policy, cleaned seats, possible safety aide trained
504 is not for a student that needs a little help. It is a discrimination law not a service law like IDEA. If you qualify for 504 you might not qualify for IDEA; however, when you are eligible for special education, you are also entitle to 504.
We don’t use 2 plans, IEP and Accommodation since the IEP has a section to list accommodations. Also, for monitoring it is best to have accountability in one program.
ADHD: A PHYSICIAN CAN’T SINGLE-HANDEDLY MAKE KIDS ELIGIBLE. THEY DIAGNOSE THE PROBLEM AND THE TEAM DETERMINES ELIGIBILITY. How does the disorder affect their learning and is it significantly. Is it so significant that the student may be better accommodated by SPED?
Section 504 is to level the playing field. If services are going to kids who aren’t eligible than that playing field isn’t level anymore.

12. IHPs and 504 plans Factors to Consider:
Students cannot be excluded from 504 consideration just because they are on an IHP
IHPs are Mitigating Measures
Cannot be taken into account for eligibility, though they can be considered in deciding whether or not a 504 Plan is needed
Life Activities are not limited to “learning”
Can include breathing and major bodily functions
The 504 Plan documents educational accommodations and confers legal protections not offered by an IHP
504 is not for a student that needs a little help. It is a discrimination law not a service law like IDEA. If you qualify for 504 you might not qualify for IDEA; however, when you are eligible for special education, you are also entitle to 504.
We don’t use 2 plans, IEP and Accommodation since the IEP has a section to list accommodations. Also, for monitoring it is best to have accountability in one program.
ADHD: A PHYSICIAN CAN’T SINGLE-HANDEDLY MAKE KIDS ELIGIBLE. THEY DIAGNOSE THE PROBLEM AND THE TEAM DETERMINES ELIGIBILITY. How does the disorder affect their learning and is it significantly. Is it so significant that the student may be better accommodated by SPED?
Section 504 is to level the playing field. If services are going to kids who aren’t eligible than that playing field isn’t level anymore.

13. IHPs and 504 plans Factors to Consider:
Frequency of IHP services
rarely needed vs. daily basis in many environments
Intensity of IHP services
self-test and medicating vs. reliance on nurse
Complexity of IHP services
simple plan vs. monitoring and exchange of info between school parents and doctors
Health & Safety Risk
504 is not for a student that needs a little help. It is a discrimination law not a service law like IDEA. If you qualify for 504 you might not qualify for IDEA; however, when you are eligible for special education, you are also entitle to 504.
We don’t use 2 plans, IEP and Accommodation since the IEP has a section to list accommodations. Also, for monitoring it is best to have accountability in one program.
ADHD: A PHYSICIAN CAN’T SINGLE-HANDEDLY MAKE KIDS ELIGIBLE. THEY DIAGNOSE THE PROBLEM AND THE TEAM DETERMINES ELIGIBILITY. How does the disorder affect their learning and is it significantly. Is it so significant that the student may be better accommodated by SPED?
Section 504 is to level the playing field. If services are going to kids who aren’t eligible than that playing field isn’t level anymore.

14. Eligibility Determination Questions
Does the student have a physical or mental impairment?
- “physiological disorder or condition, cosmetic disfigurement, anatomical loss affecting body system, mental or physical disorder”
Mental or physical impairments are not limited to specific diseases or categories of medical conditions.
Does the impairment substantially limit a major life activity?
- “barrier to student performing major life activity (seeing, hearing, eating, thinking, concentrating, etc.) compared to other students
NB: If both, “YES,” student is eligible for accommodations

15. AND
Disability must be the reason why the student cannot equally access from the school’s program and services.
Think: “Level Playing Field”
Access vs. Educational Benefit
Wheelchair example
ADHD example

16. What does “substantially limit” mean?
Simply having a disability or condition does not automatically qualify a student for a DoDEA Accommodation Plan.
The condition or disability must be a barrier to the student performing one or more major life activities as compared to an average student in the general population.
This may be evaluated by considering the manner, conditions, and duration in which a student performs a major life activity in comparison to how non-disabled students perform the same activity.

17. How does “substantially limit” differ from “adversely affected educational performance”?
“Adversely affected education performance” is a threshold for the Case Study Committee.
It can be indicated by grades, possibly by low test scores, or by other patterns of evidence that educational progress is being disrupted.
It does not need to be established for 504 Plans, and when present, suggests a referral to the CSC.

18. How does “substantially limit” differ from “adversely affected educational performance”?
“Substantially limit” is the focus of 504 Eligibility.
“Substantially limit” means that there are barriers to access, unfair effects of the impairment on testing or availability for instruction, or that other life activities are threatened during the school day.
It can be indicated by invalid test results, disproportionate burden of homework or classwork, disruption by medical management of impairment, or unsafe environment because of the impairment.
It is possible for a student to have good grades, but still be unfairly discriminated against because of their impairment.

19. What is a major life activity?
Major life activities are basic activities that the average person in the general population can perform with little or no difficulty.
Major life activities include, but are not limited, caring for oneself, walking, seeing, hearing, speaking, breathing, performing manual tasks, and learning.

20. Status Report 504 Accommodation Plans DoDDS-Europe as of May 2014 n= 357 Grade Distribution

21. Status Report 504 Accommodation Plans DoDDS-Europe as of May 2014 n= 357 Gender Distribution

22. 504 Accommodation Plans DoDDS-Europe as of May 2014 n= 357

23. Status Report 504 Accommodation Plans DoDDS-Europe as of 5 Nov 2012 n= 319 Accommodations
Preferential seating
Extended time for testing up to 150% 158
Extended time for task completion 135
Testing in small groups/distraction-free 112
Check for understanding/attention
Verbal and visual cues
Daily agenda/planner/assignment check 90
Task broken down into shorter steps 64
Use of assistive technology
change of response mode
Accommodate for specific allergies

24. Reasonable accommodations
Most reasonable accommodations will occur in the student’s general classroom and involve minor adjustments that enable the student to obtain equal access to learning opportunities.
Reasonable accommodations may include, but are not limited to:
a change is the student’s seating arrangement
visual aides
large print educational materials
use of video recordings
extended time to complete specific tasks
Changes in testing setting
Organizational tools

25. Accommodations are not “Accommodations” when:
Modify the Curricular Expectations for the Student
Confer an unfair advantage to the student through easier grades or work load over the other general ed students in the classroom
Exceed the ability of conscientious teachers to track and implement with fidelity
If in doubt about the reasonableness or appropriateness of an accommodation, seek consultation from the Area POC and General Counsel

26. Accommodations are not “Accommodations” when:
Examples
Reducing assignments by 10% can be appropriate.
Reducing assignments by 50% generally is NOT.
Retake the test when impairment interferes can be appropriate.
Retake the test whenever they get an unacceptable grade is NOT.
5-6 Accommodations can usually be tracked with fidelity.
20 Accommodations usually CANNOT.
Remember: Accommodations must be implemented in all instructional environments,
e.g. 150% time to take the Terra Nova means 150% on classroom tests as well.

27. Can resources be allocated as a reasonable accommodation?
Material resources: Kurzweil licenses, allergen-free supplies, assistive devices
Personnel resources: Safety Aides, Facilitation Aides, Medical Aides

28. Discipline and Attendance Policies
504 Students may have additional protections under these policies IF the behavior under review is a manifestation of their impairment.
Otherwise, they are subject to the same policy as all general education students.

29. Frequently Asked Questions
Q: When working on a 504 plan for a student, do all core teachers have to be present at the meeting?
Q: Can a 504 plan be developed for a student that is suspected of having an impairment or is possibly impaired, but has not been evaluated?
Q: How recent must an evaluation be?
Q: May personnel resources be allocated on a 504 plan?
Q: Can a 504 Plan be used as a basis for graduation requirement waivers?
Q: Must 504 Students be enrolled in EFMP?
Q: Can a student be on both an IEP and a 504 Plan?

30. Enrollment in EFMP
504 Plans by themselves do not trigger a requirement to enroll in EFMP, the way that IEPs do.
504 Plans are only a general Ed plan to neutralize barriers to access.
However, 504 Plans are often written for students with Special Medical Needs, and these Needs trigger a requirement to enroll in EFMP.

32. Enrollment in EFMP
Handout available at:
Special Medical Needs explained at:

33. DoDEA SIS User’s Guide

35. DoDDS-Europe Portal
for 504 Resources

36. Top 5 Points to Take Away
504 plans are designed to ensure ACCESS by leveling the playing field
They cannot be used to alter curriculum expectations
Students with good grades might still experience barriers to access, and could be eligible
Alert nurses to 504 protections for students on Individual Health Plans. IHPs are a “Mitigating Measure” and should not be used to avoid discussion of 504 eligibility
In regard to Discipline and Attendance Policies, students with disabilities may have 504 protection even without a 504 Plan. But if the behavior under review is not caused by their impairment, they are subject to the same procedure as all general education students.