504:
Five Hundred and
Four Reasons
to Attend this Session
(Minus a Few Hundred)
Richard McCoy
Dixon R-1 Middle School Counselor
& South Central MSCA President
I am a School
Counselor, not a
Lawyer, Politician, or
Clairvoyant. What I
share is based on
personal experience
and research.
1991-1995
2009-2011
1996-1997
1997-2012
2012-Present
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the counselor’s role
regarding 504s?
An 8th grade child is no longer in Special Education.
He now has a 504 as he still is in need of services
which a 504 can provide.
When he enters high school next year, Mom would
like child to go to the SpEd room to cool down as he
needs a cool down place from time to time and it’s
where he would feel most comfortable.
Can a child with a 504 go to a Special
Education room for a place to cool
down?
Turn to a Shoulder Partner
and discuss this for 30 seconds.
You may feel like
this when you
hear the phrase
“504”.
Or This…
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the counselor’s role
regarding 504s?
• A federal Anti-Discrimination Law.
• Protects ALL people with a disability that impairs one or
more major life activity (learning is one).
• Prohibits discrimination in ANY program that receives
federal dollars.
• Provides accommodations to remove discriminatory
barriers.
• In education, a “504 Plan” removes barriers to learning
and opportunities.
• A federal Education Law.
• For students with at least one of 13 qualifying
categories of disability.
• Who ALSO need specialized support and instruction to
benefit from education.
• Provides a “special education” plan: “IEP”
- specialized instruction
- related supportive services
• “IEP” must be individualized to meet a student’s
unique needs.
• ADA provided additional protection in combination with actions brought
under Section 504. Reasonable accommodations are required for
eligible students with a disability to perform essential functions of the
job.
• ADA protections apply to nonsectarian private schools, but not to
organization or private schools, or entities controlled by religious
organization;
• Applies to any part of the special education program that may be
community-based and involve job training/placement. Also applies to
Childcare centers and recreation programs.
• The ADAAA retains the ADA’s definition of
disability as a physical or mental impairment
that substantially limits one or more life
activities; a record of such impairment; or
being regarded as having such impairment.
However, it clarifies and expands the
definition’s meaning and application in the
following ways
A civil rights law to prohibit discrimination solely on the
basis of disability in employment, public services, and
accommodations.
Protects: Any individual with a disability who:
(1) has a physical or mental impairment that
substantially limits one or more life activities; or
(2) has a record of such impairment; or
(3) is regarded as having such an impairment.
• Who should be part of the Evaluation?
– A team of individual knowledgeable about the
student, evaluation procedures, and service options
• Teachers
• Parents
• Physicians (medical diagnosis alone is not sufficient)
1. Does the student have a physical or mental
impairment (disability)?
• Physical: Physiological disorder or condition,
cosmetic disfigurement, or anatomical loss
affecting one or more body systems
• Mental: A mental or psychological disorder,
such as Intellectual Disability, Organic Brain
Disorder, Emotional or Mental Illness
• TEMPORARY: Something that will affect
student for less than 6 months does not
qualify
1. Does the student have a physical or mental
impairment?
2. Does the Identified disability impact a major
life activity?
• Major life activity: These can include learning,
reading, thinking, writing and concentrating.
A child’s disability may substantially limit one
or more major life activities.
• The ADAAA of 2008 opened this up to a much
broader scale by congress to expand our idea
of disability and a major life activity with two
Non-exhaustive lists.
The next two slides are from Dixon’s 504 Plan worksheets.
1. Does the student have a physical or mental
impairment?
2. Does the Identified disability impact a major
life activity?
3. Does the physical or mental impairment
substantially limit the student’s ability to
engage in a major life activity?
• “…in this ADAAA (Americans with Disabilities
Act Amendments Act of 2008) era, an
individual’s impairment must limit one or
more major life activities in a substantial
manner, but need not limit that major life
activity in a severely restrictive fashion, in
order for the impairment to qualify as an ADA
disability.”
Definition of Disability Under the ADA: A Practical Overview and Update
• “The Term ‘substantially limits’ shall
be interpreted without regard to the
ameliorative effects of mitigating
measures.”
United States Department of Education Office of Civil Rights Q&A on the ADA
Amendments Act of 2008
• Ameliorative: Properly used to mean
`improve‘
• Mitigating Measure: A measure to make
something less severe, serious, or painful.
• Example: A child who takes medicine to
manage ADHD can now qualify for a 504 plan.
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant
Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the counselor’s role
regarding 504s?
The Americans with Disabilities Act of 1990 (ADA), the
Individuals with Disabilities Education Act (IDEA), and Section
504 of the Rehabilitation Act of 1973 represent three attempts
to improve the living conditions of those with disabilities, to
ensure equal access, and to promote inclusion.
Go to: http://www.dredf.org/advocacy/comparison.html
For a comparison of these laws.
IDEA
504
Basic
Description
A blueprint or plan for a
child’s special education
experience at school.
A blueprint or plan for how a
child will have equal access to
learning at school.
What It Does
Provides individualized
special education and
related services to meet the
unique needs of the child.
These services are provided
at no cost to parents.
Provides services and changes
to the learning environment to
meet the needs of the child as
adequately as other students.
As with IEPs, a 504 plan is
provided at no cost to parents
https://www.understood.org/en/school-learning/special-services/504plan/the-difference-between-ieps-and-504-plans
IDEA
What Law
Applies
504
Section 504 of the
The Individuals with Rehabilitation Act of 1973 &
Disabilities
This is a federal civil rights law
Education Act
to stop discrimination against
(IDEA)
people with disabilities.
The ADA Amendments Act of
This is a federal
2008
special education
This Act broadened the
law for children
definition of Disability
with disabilities.
IDEA
To get an IEP, there are two
requirements:
Who Is
Eligible
1.A child has one or more of the
13 specific disabilities listed in
IDEA. Learning and attention
issues may qualify.
2.The disability must affect the
child’s educational performance
and/or ability to learn and
benefit from the general
education curriculum.
504
To get a 504 plan, there are two
requirements:
1.A child has any disability, which
can include many learning or
attention issues.
2.The disability must
substantially limit a “major life
activity”. Section 504 has a
broader definition of a disability
than IDEA. That’s why a child
who doesn’t qualify for an IEP
might still be able to get a 504
plan.
IDEA
There are strict legal requirements
about who participates. An IEP is
created by an IEP team that must
include:
•The child’s parent
•At least one of the child’s general
education teachers
Who Creates the
•At least one special education
Program/Plan
teacher
•School psychologist or other
specialist who can interpret
evaluation results
•A district representative with
authority over special education
services
504
The rules about who’s on the
504 team are less specific
than they are for an IEP.
A 504 plan is created by a
team of people who are
familiar with the child and
who understand the
evaluation data and special
services options. This might
include:
•The child’s parent
•General and special
education teachers
•The school principal
IDEA
There are strict legal requirements
about who participates. An IEP is
created by an IEP team that must
include:
•The child’s parent
•At least one of the child’s general
education teachers
Who Creates the
•At least one special education
Program/Plan
teacher
•School psychologist or other
specialist who can interpret
evaluation results
•A district representative with
authority over special education
services
504
The rules about who’s on the
504 team are less specific
than they are for an IEP.
A 504 plan is created by a
team of people who are
familiar with the child and
who understand the
evaluation data and special
services options. This might
include:
•The child’s parent
•General and special
education teachers
•The school principal
IDEA
What's in
the
Program/
Plan
• The child’s present levels of
academic and functional
performance
• Annual education goals
• The services the child will get
• The timing of services
• Any accommodations—changes to
the child’s learning environment
• Any modifications—changes to
what the child is expected to learn
or know
• Standardized tests
• Included in general education
classes and school activities
504
There is no standard 504 plan.
A 504 plan generally includes
the following:
•Specific accommodations,
supports or services for the
child
•Names of who will provide
each service
•Name of the person
responsible for ensuring the
plan is implemented
Parent
Notice
IDEA
504
To make changes to a child’s
services or placement, it has to
notify parents in writing before
the change. This is called prior
written notice. Notice is also
required for any IEP meetings and
evaluations.
Parents also have “stay put” rights
to keep services in place while
there’s a dispute.
The school must
notify parents about
evaluation or a
“significant change”
in placement. Notice
doesn’t have to be
in writing, but most
schools do so
anyway.
Parent
Consent
IDEA
504
A parent must consent in
writing for the school to
evaluate a child. Parents
must also consent in writing
before the school can provide
services in an IEP.
A parent’s consent is
required for the
school district to
evaluate a child.
IDEA
The IEP team must review
How Often the IEP at least once a year.
It’s
The student must be
Reviewed
reevaluated every three
and Revised years to determine whether
services are still needed.
504
The rules vary by
state. Generally, a
504 plan is reviewed
each year and a
reevaluation is done
every three years or
when needed.
IDEA
Funding/
Costs
Students receive these
services at no charge.
States receive additional
funding for eligible
students.
504
Students receive these
services at no charge.
States do not receive extra
funding for eligible students.
But the federal government
can take funding away from
programs (including schools)
that don’t comply.
IDEA funds can’t be used to
serve students with 504
plans.
Student Need
CONSIDERATION FOR 504
CONSIDERATION FOR IDEA
Disability adversely
affects educational
performance
NO
Not eligible
Disability adversely
limits one or more
major life activities.
NO
YES
NO
IDEA
Eligible
Not eligible
YES
504
Protected
YES
Education comparable
that provided to
nondisabled
Education reasonably
designed to confer
benefit
Specially designed instruction
Related
Services
Reasonable accommodations
Instructional
Physical
Specialized
education
Individualized Education
Program (IEP)
FREE AND
APPROPRIATE PUBLIC
EDUCATION
Related
aids and
services
Accommodation Plan
Section 504 covers disabled persons in programs receiving federal
funds:
- public schools explicitly, but also
- publicly-funded programs such as day care programs,
- after-school programs and even some private schools
To be eligible for services and to ensure a Free and Appropriate
Public Education (FAPE) and protection against discrimination under
Section 504, a student must have a physical or mental impairment
that substantially limits one or more major life activities. [29 U.S.C.
706 (8)(B)]
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the counselor’s role
regarding 504s?
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the counselor’s role
regarding 504s?
• Preferential Seating
• Provide Refocusing Prompts:
– Physical: Place hand gently on shoulder or desk
– Verbal: Private, Prearranged signal words
– Non-Verbal: Hand signal after making eye contact
• Allow use of “fidget” object
• Use different colored markers/print
• Headphones or earplugs during seat work
• All students who meet criteria under the 504
definition of a person with a disability are
protected under the law.
• Students who require accommodations to
access regular education program (i.e.. To
have a level playing field) are entitled to an
accommodation plan
• Use a marker/book mark to go under the text to
hold attention when reading
• Structure materials to enhance attention & focus:
– Block or Mask page
– Highlight/Underline/Circle important parts
– Enlarge Font Size
– Limit Material on Each Page
• Class Assignments:
– Check for Clarity Often
– Provide samples and models of “standard” and
“exemplary” work
– Reduce copying from the board with photocopy of
notes
– Allow student to stretch after accomplishing a task
– Use a timer and reward student’s ability to beat the
clock during short work periods
• Homework:
– Provide a second set of text books for home use
– Allow student to work for a predetermined number
of minutes and then stop (with parental supervision)
– Use a student planner and require daily use
– Allow student to email homework
– Visually post assignments
– Allow for extra time to turn in assignments
– Reduce homework load (i.e. odd or even problems)
• Both Classwork & Homework:
– Break assignments into smaller parts
– Extended time
– Do not penalize for spelling/mechanical errors on
tests intended to measure other content/skills
– Differentiate assignments
– Increase communication with parents/guardians
• Use a 3-ring binder with subject dividers and pocket
folders (ADD/ADHD )
• Use a planner
• Provide handouts that are 3-hole punched to put in
binder OR have a 3-hole punch to use
• Make a checklist of materials for activities
• Color-code materials
• Use a clipboard to anchor papers
• Provide time to organize materials
•
•
•
•
•
•
Require consistent use of calendar/planner
Check that assignments are recorded
Assign a peer-helper to double-check planner
Help with developing a timeline for assignments
Display clear schedules
Use pictorial calendar for younger students & refer to
them throughout the day
• Provide advanced notice to parents about important
assignments/due dates
•
•
•
•
Repeat Directions
Simplify Complex Instructions
Use Study Guides or Partially Written Outlines
Check for Understanding/ask students to
repeat/paraphrase directions
• Pair verbal instructions with written
• Provide written/pictorial checklists, task cards,
and reminders of expectations for independent
work activities
•
•
•
•
•
•
•
•
Teacher Proximity
Have test direction read aloud
Have test items/answer choices read aloud
Extend time
Multiple sessions
Different location
Allow for oral answers
Allow supplemental tools (spell checker,
calculator, multiplication table/chart)
• Provide graph paper for math related tasks
•
•
•
•
•
Increase monitoring and cueing during transitions
Redirect student when signs of frustration appear
Increase positive feedback
Allow students to use a “fidget”
Provide information ahead of time whenever
there are changes in the routine
• Allow alternative seating/work area
• Establish private signals
• Provide extra “wait time” before responses (at
least 5 seconds)
• Allow alternative options for oral presentations
• Give cues to students when you are going to call
on them in class
• Provide an opportunity to discuss answers with a
partner before a whole class response
• Use graphic organizers to aid recall
• Audio recordings of the book
• Supplemental materials at an easier reading
level
• Large print or magnifying device
• Pair with a Reading Buddy
• Allow student to be Reading Buddy to a
younger grade student
• Preview information prior to reading
• Pre-teach challenging vocabulary
• Use marker/book mark to track text
• Photocopy pages of text to highlight
• Permit students to read aloud quietly
•
•
•
•
Use clipboard to anchor papers
Allow use of computer to type
Use college-ruled or wide-ruled paper
Provide photocopy instead of requiring writing
from the board
• Sentence Starters
• Provide desk copies of frequently misspelled
words
• Stress accuracy/quality over volume
• Grade content and spelling/mechanics
separately
• Enlarge space on tests to write
• Alphabet strips or cursive charts on desk
• Allow sufficient time to write
• Use a calculator
• Desk references (multiplication tables, formulas,
etc.)
• Reduce problems assigned
• Cut up page into strips or rows to be completed
• Provide steps and procedures to multistep problems
with a “desk copy”
• Graph paper to keep numbers organized
• Additional samples
• Access:
– Special Transportation/Equipment/Access
– Auditory amplification or interpreter
• Scheduling:
– Preferential scheduling to optimize attention level
– Adjust class schedules to address individual issues
• Physical/Medical needs:
– Rest Periods
– Permission for bathroom breaks/water/snacks
– Extended time for missing work without penalty
EXAMPLE: Accommodations for children with diabetes might
include:
• Ability to leave class when needed
• Free access to food and water
• Preferential seating
• Administration of health protocols in class
• Additional time to complete assignments without penalty
• Ability to make up work missed to fulfill health-related needs
or doctor’s appointments without penalty.
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the counselor’s role
regarding 504s?
• Section 504 protects persons with
disabilities from discrimination in
programs receiving federal funds;
ensures persons with disabilities Equal
Access to such programs; and requires
programs to make Reasonable
Accommodations, where necessary, to
provide such access.
• Unlike IDEA, Section 504 provides for
services to meet the individual
educational needs of students with
disabilities as adequately as the needs
of nondisabled students.
“But my child…”
“The IDEA guarantees an ‘appropriate’ education,
‘not one that provides everything that might be
thought desirable by loving parents.”
• Weixel v. Board of Education of the City of New York (2000)
“Section 504 does not require a public school district
to provide students with disabilities with potentialmaximizing education, only reasonable
accommodations…”
•
J.D. v. Pawlet School District (2000)
DOCUMENTATION RULE OF THUMB:
“If it was never written, it was never said and will
never be done.”
• Know your Districts grievance policy
• Section 504 prohibits discrimination on the basis of
disability in any program or activity receiving Federal
financial assistance.
http://www.hhs.gov/ocr/civilrights/clearance/exampleofasection504grievanceprocedure.html
How does a 504 work?
A (short) History Lesson
IDEA & 504s: Kissing Cousins or Distant Relatives?
What is our responsibility as Counselors?
Share Experiences
Writing Useful Accommodations
Where We Stand Under the Law
What is MSCA’s stance on the
counselor’s role regarding 504s?
The Professional School Counselor’s
Role in the 504 Process
A Position Paper of the Missouri
School Counselor Association
Missouri School Counselor Association
(MSCA) strongly supports the implementation
of an effective 504 process that helps remove
barriers to student learning and achievement.
School counselors have a meaningful role in
helping address student needs and are an
integral member of a student’s 504 team
when that student falls under their caseload.
School counselors may be the first line of
contact from a parent to report a mental health
or other disorder. School counselors can also be
the initiator of an intervention for a struggling
student. School counselors may be a part of
staffings and conferences when warranted and
are regarded as knowledgeable, educated
professionals able to share insight on particular
students, as well as resources and interventions.
School counselors have a responsibility to
develop and provide a comprehensive guidance
and counseling program to all students,
including students with disabilities. The
initiating, writing, and management of the 504
process falls under the non-guidance category of
special programs and services according to
DESE’s Missouri Comprehensive Guidance and
Counseling Program.
Furthermore, the American School Counselor
Association states in their position statement on
disabilities, that the writing, coordinating and
supervision related to a 504 falls under
inappropriate duties of a professional school
counselor. Placing the school counselor in the role
of the 504 coordinator or case manager has a
detrimental effect on their ability to provide a
comprehensive guidance and counseling program.
The school counselor is an advocate for the
student and an essential member of the 504
team. The strengths the school counselor brings
as an effective communicator, collaborator,
problem solver, interventionist, liaison, and
mental health specialist creates a unique role for
them on the 504 team. The conflict the 504
coordinator/case manager duties creates for
school counselors include but is not limited to:
1. lack of professional training in 504 legalities and
paperwork,
2. dual relationships,
3. time demand,
4. counselors are mental health professionals not special
education professionals,
5. superior role conflict with teachers,
6. possibly adversarial role with parents instead of
advocacy, and
7. creates a barrier to availability to provide responsive
services.
When time is taken away from a
school counselor’s ability to provide
direct student services and instead
perform barriers to implementation
duties, a counselor’s ability to make a
positive impact on student outcomes
suffers.
MSCA strongly believes that school
counselors should not be responsible for
the development, implementation, and
monitoring of any 504’s. MSCA, in
agreement with ASCA and DESE, supports
the position of removing case
management responsibilities from the
assigned duties of school counselors.
The duties involved in the 504 process
create significant barriers to
implementation of a comprehensive
guidance and counseling program as
counselors are trained and devoted to
provide, in order to address all
students’ emotional and academic
needs.
• What do we say when
our administrators
and school boards say,
“Whose responsibility
is it, then, to do the
504s in our district if it
isn’t the Counselor’s
job?”
Kansas City
Office for Civil Rights
Office for Civil Rights
Washington, DC Office
U.S. Department of Health and 200 Independence Ave SW,
Human Services
Washington, DC 20201
601 East 12th Street - Room 353
Phone:(800) 368-1019
Kansas City, MO 64106
Customer Response Center:
(800) 368-1019
Fax: (202) 619-3818
TDD: (800) 537-7697
Email: ocrmail@hhs.gov
1. Educator’s Quick Reference for Section 504:
http://www.esc20.net/users/0040/docs/Section%20504/New%20Adm
inistrator's%20Guide%20to%20Section%20504.pdf
2. The Difference Between IEPs and 504 Plans: Comparison chart.
ttps://www.understood.org/en/school-learning/special-services/504plan/the-difference-between-ieps-and-504-plans
3. Section 504 of the Rehabilitation Act, Karen Norlander, laminated
tri-fold guide
4. Section 504: Classroom Accommodations, Sandra Rief, laminated
tri-fold guide
5. Health and Human Services 504 Grievance Policy,
http://www.hhs.gov/ocr/civilrights/clearance/exampleofasection504gr
ievanceprocedure.html
6. MSCA’s 504 Position Paper
http://moschoolcounselor.org/files/2015/05/504-position-paper.pdf
1. Frequently Asked Questions and Answers,
http://www.pearsallisd.org/UserFiles/Servers/Server_777750/Fi
le/Administration/Special%20Programs/04/504%20FAQ.pdf
2. A Parent and Teacher Guide to Section 504: FAQ
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070055504bro.pdf
3. US Department of Education,
http://www2.ed.gov/about/offices/list/ocr/qa-disability.html
4. Help for College Students with Disabilities from Wrightslaw.com
http://www.wrightslaw.com/flyers/college.504.pdf
5. Definition of Disability Under the ADA: A Practical Overview
and Update, http://www.hrtips.org/article_1.cfm?b_id=27