Division of Special Education and Educational Services
Miami-Dade County Public Schools
School Board of Miami-Dade County Section
2260.01
 No otherwise qualified individual with a disability in
the United States, as defined in Section 705(20) of
this title, shall, solely by reason of her of his
disability be excluded from the participation in, be
denied the benefits of, or be subjected to
discrimination under any program or activity
receiving federal financial assistance.
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The Rehabilitation Act of 1973 defines a
person with disabilities as any person who
has a physical or mental impairment that
substantially limits one or more major life
activities, has a record of such impairment, or
is regarded as having an impairment.
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A parent, teacher, or other member of the
school staff may raise a concern about a
student’s unique need for special help and
request a meeting to consider whether the
student has such a disability.
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If the team determines that the student does
have such a disability, they will then identify
what types of support, or accommodations,
are appropriate to meet the student’s needs
and write a 504 Plan
IDEA
SECTION 504
TYPE OF LEGISLATION
Funding Act
Civil Rights Act
ORIGINAL PASSAGE
1975
1973
CO VERAGE
Students PK-12
PK-Post Secondary
FAPE
Yes
Yes
ADMIN. AGENCY
OSEP, SEAs
OCR, EEOC
ELGIBILITY DEFINITION
2 Essential Elements:
1. Listed class
2. Need for Special
Education
3 Essential Elements:
1. Impairment
2. Major Life Activity
3. Substantial Limitation
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Denying credit to a student whose excused
absenteeism is related to his/her disabling
condition.
Expelling a student and denying access for
behavior caused by his/her disability.
Refusing to dispense medication to a student
who could not attend school otherwise.
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Disallowing participation in a science
laboratory activity / class because the lab
stations are not accessible.
Refusing to provide amplification for a
student with a hearing impairment in a
lecture hall despite an accommodation plan
requiring additional amplification.
Prohibiting field trip participation.
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Significant Changes to Section 504
 Expansion of Major Life Activities
 Impairments that are episodic or in
remission
 New Mitigating Measure Rule
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School Board of Miami-Dade County 2260.01
 Students experiencing difficulty in the classroom
should initially be referred to the School Support
Team.
 The SST shall determine whether it is appropriate to
refer the student for possible 504 services.
 Students with obvious physical or health needs that
require accommodations need not go through the
SST process to be referred for Section 504 eligibility
determination
Parent or teacher initiates a request
A disability is suspected
A student exhibits chronic health condition
A student exhibits academic, learning, or behavioral
problems and traditional approaches have been
ineffective
 When a student exhibits a pattern of suspensions or
expulsions
 A student is evaluated but ineligible under IDEA (not
an automatic consideration)
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RtI exists for all students
It is a Multi Tiered System of Supports
RtI may identify the need for SPED when
there is both a *disability and the need for
Specially Designed Instruction
504 is an entitlement that prevents
discrimination (lack of access to education)
for students who are considered disabled
with limitation in a major life function.
*LD, EBD, LI
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Intervention Should Not be Confused with
Accommodation
Intervention Teaches, Remediates, and Reinforces
Accommodation Removes Barriers to Accessing
Education and Need is Based on the Functional
Relationship of the Disability Produced Barrier to Access
Example: ADHD
 Intervention- Self Monitoring with Positive Reinforcement
 Accommodations- Teacher monitoring of agenda,
extended time for testing, guided notes
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SPED Usually Provides Both
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Must include a team of staff knowledgeable about the
student, the evaluation(s) and the accommodations
May include the following personnel:
 Parents
 General and Special Education Teachers
 Behavior Management Teachers
 School Counselors
 Administrators
 School Psychologists
 Staffing Specialists
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OCR – Requires districts to obtain parental consent
for initial evaluation
Evaluation must be sufficient to provide information
to determine the existence of a disability
504 Team determines what data is necessary
May require less complex data when making
decision for a temporary impairment
If the 504 Team believes that the student with a
disability may need special education, a special
education referral should be initiated
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504 Team must draw from a variety of sources:
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May include a formal assessment
District / State / Achievement Assessments
Report Card Grades
Teacher Observations
Classroom Performance / Portfolio
FAB / BIP
Medical Information
Adaptive Behavior
Other
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Auditory Processing Disorder (APD) was formerly
known as Central Auditory Processing Disorder
(CAPD)
 Private Evaluations need to follow the district
review/referral process to determine eligibility criteria.
 Eligibility for Section 504 should not be considered for
APD prior to the review/referral process.
 Contact your Educational Audiologist for details and a
referral packet.
 For Additional Information, refer to DOE TAP #10967
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Section 504 eligibility should not be utilized as a means
of obtaining FM-units or to receive Deaf/Hard-ofHearing Itinerant Services. Students should be
considered for eligibility under IDEA first.
RtI is not required for students referred for
consideration for D/HH.
An Audiological Evaluation is not enough information
on it’s own to determine a student eligible for services
and/or an FM-unit.
When in doubt call the Deaf/HH Dept. at 305-274-3501
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Prong 1 – Current Impairment
 Physical or Mental Impairment
 Temporary Impairments
 Impairments That Are Episodic
 Impairments That Are In Remission
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Age and conditions resulting from cultural,
environmental, or economic factors are not
considered disabilities under Section 504
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Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more
of the following body systems:
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Neurological
Musculoskeletal
Special sense organs
Respiratory
Speech Organs
Digestive
Reproductive
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Genito-Urinary
Hemic / Lymphatic
Skin
Endocrine
Cardiovascular
Lymphatic
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Any mental or psychological disorder
 Mental Retardation
 Organic Brain Syndrome
 Emotional Illness
 Mental Illness
 Specific Learning Disabilities
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A Temporary Impairment is an impairment
with an actual or expected duration of 6
months or less
Students with Temporary Impairments are
ineligible for the McKay Scholarship
Temporary Impairment must be indicated on
a 504 Plan
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An impairment that is episodic is a disability if it would
substantially limit a major life activity when active.
Cannot deny eligibility simply because the disability
may ebb and flow in severity.
 Allergies
 Asthma
 Migraines
 Cystic Fibrosis
 Auto-immune disorders
 Sickle-Cell
An impairment that is in remission is a disability if it
would substantially limit a major life activity when
active.
 Requires the 504 Team to look back at the time
when the impairment was not in remission rather
than current data.
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 Cancer
MAJOR
LIFE
ACTIVITY
Seeing
Hearing
Walking
Breathing
Performing Manual Tasks
Learning
Reading
Thinking
Concentrating
Communicating
Eating
Sleeping
Bowel Functions
Bladder Functions*
Digestive Functions
Speaking
Working
Standing
Lifting
Bending
Endocrine
Circulatory
Neurological
Caring for Oneself
Condition, manner, or duration under which the
average student of the same age / grade level in the
general population can perform the same life
activity
 An impairment alone is not a disability
 Webster Definition of Substantial includes:
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Real, true, not imaginary
Important, essential
Considerable in quantity
Significantly great
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Mitigating Measures are services or things provided
to the student or used by the student to decrease
the impact of the impairment.
 Substantial limitation must be determined without
regard to the ameliorative effects of mitigating
measures
 Must screen out the positive impact of mitigating
measures
 Decisions shall be made without regard to the
ameliorative effects of mitigating measures :
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Medication
Hearing Aids
Cochlear Implants
Mobility Devices
Prosthetics
Assistive Technology
Oxygen
Equipment
Assistive Technology
Low Vision Devices (except eyeglasses/contact lenses)
Reasonable Accommodations
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Individuals with a history or record of a physical or
mental impairment that substantially limits one or
more the individuals major life activities are also
protected from discrimination under Section 504
 May create eligibility for students who have no need
for accommodation plans
 Students staffed out of special education should be
reviewed for 504 on a case-by-case basis
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Regarded as having a physical or mental impairment
when in fact such impairment may or may not actually
exist are protected from discrimination under Section
504.
 Misclassification
HIV
LEP
 Participation in extracurricular, sporting events
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Prongs 2 and 3 are protected under 504 even though
they are not individuals with a current substantial
disability for which accommodations may be necessary
and therefore would not require a 504 Accommodation
Plan.
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Student does not have to demonstrate need for services
to be Section 504 eligible.
 If the student developed a need at a later time, the 504
team would create an appropriate plan.
 Includes students whose current use of mitigating
measures meets his/her needs as adequately as a
nondisabled student.
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Section 504 eligible students without a 504 Plan still
receive procedural safeguards, manifestation
determination, periodic re-evaluation (as needed), and
non-discriminatory practices.
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Parental Procedural Safeguards
 Right to receive notice of identification, evaluation,
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refusal, placement, denial, or significant changes
Right to an evaluation if the district has reason to believe
that the child may have a mental or physical impairment
that substantially limits learning or other major life activity
Right to examine all relevant records
Right to an impartial hearing
Right to appeal the final decision of the hearing officer
Provided to parents of 504 eligible students with or
without an Accommodation Plan
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Review Eligibility Document
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Address the educational impact of the identified
disability(ies) and major life activity(ies)
 Physical Environment
 Instructional Materials
 Instructional Methods
 Assignments / Home Learning
 Testing (may not be written for the sole purpose of
accommodations on standardized tests)
 Behavior
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District Procedure - Complete 504 Accommodation
Plans Annually
 Major Life Activity
 Review student progress
 Review delivery of services
▪ Frequency
▪ Outcome
 Accommodations – Additions, deletions, revisions
▪ Need for continuation must be based on documentation
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Related Services May Include
 Occupational Therapy
 Physical Therapy
 Nursing Services
 Classroom Assistance
 Transportation
 Medication Administration
 Counseling
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A referral for an OT or PT evaluation must not
always occur simultaneously with the
development of an initial 504 Plan.
 Accommodations and strategies should be
implemented and monitored prior to a referral.
 Therapists require feedback and discussion regarding
a student’s response to his/her accommodations to
determine the need for their services.
 OT and PT are not mitigating measures.
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Evaluations may take place over several days,
through observations of the student in his/her
natural environment, interviews with school staff,
parents and other professionals, as well as specific
assessments.
 The focus of the OT or PT evaluation is on the issue or
concern stated in Section 1 of the Request and Consent for
PT/OT Evaluation (FM-6552).
 The accommodations and strategies which are currently
addressing these concerns, but may require OT or PT
support, must be stated on FM - 6552 Section 2.
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A completed evaluation is then forwarded to the
Staffing Specialist who schedules a meeting with
the parents and therapist(s).
 If the therapist has determined that OT or PT support is
needed, a recommended frequency of services is added to
the 504 Plan
 Therapists may provide suggestions and strategies to
enhance the 504
 A private OT or PT Evaluation, while providing valuable
information, does not establish “eligibility” or a need for
school-based services
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Review 504 Accommodation Plan
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Periodic Reevaluation – Does not require a
comprehensive evaluation
 Before any significant change in placement
▪ Expulsion or repeated suspensions which exceed 10
days in school year
▪ Manifestation Determination – FM 3918
▪ May consider other strategies, interventions or
assessments
▪ Change in delivery of education
 At the request of the parent or school
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Parents who have a disagreement involving Section
504 are entitled to the following grievance
procedures
 Appeal
District Section 504 Compliance Officer
1500 Biscayne Blvd., Suite 409
Miami, FL 33132
 Request Mediation or a Hearing
Clerk of the Board
1450 NE Second Avenue, Suite 268B
Miami, FL 33132
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Approved by Governor Scott
Took effect on July 1, 2011
Adds eligibility provisions for students with 504
Accommodation Plans
Students with 504 Plan written by the school district
may be eligible for a McKay Scholarship
Students with temporary (6 months or less duration)
504 Plans are ineligible
Students will receive basic funding
There is no Matrix of Services filed for 504 Plans
Website www.floridaschoolchoice.org .
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SPED –EMS Updates
 Temporary Plans
▪ Error Check
 Section 504 McKay Fact Sheet
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SPED – EMS Coming Soon
 Eligible with no Accommodation Plan
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Follow up Activity will be emailed to all
attendees
Due date will be included
Timely completion is required to receive
Master Plan Points
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Section 504 Coordinator
Mary A. Paz
Instructional Supervisor
SBAB Annex – 409
mpaz@dadeschools.net
Office (305) 995-1816
504 Hotline (305) 995-2799