Dr. Elissa Brown
Director, Section § 504
NC Department of Public Instruction
ebrown@dpi.state.nc.us
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Section § 504: AGENDA
 Authority
 Definition/Who is covered
 Processes & Procedures
 IHP, 504, IEP
 Team Members
 Accommodations
 Best Practices
§ 504: Authority
 OCR is the administrative authority to enforce § 504
(1973; ADAAA 2008)
 State departments of public instruction have no
enforcement authority for issues arising under § 504
 LEAs must identify the person responsible for
ensuring compliance
 § 504 provides procedural safeguards
Who is covered?
To be protected,
a student must be determined to:
1
2
3
Have a physical or mental impairment that
substantially limits one or more major life activities ;
or
Have a record of such an impairment; or
Be regarded as having such an impairment
34 CFR § 104.3(j)
Drill down deeper
(1st prong) Have a physical or mental impairment that
substantially limits one or more major life activities
(this generally creates the catalyst for referral for
Section 504 plan)
 A physical or mental impairment
 That substantially limits
 One or more major life activities or major bodily
function
Substantial Limitation
 …is the inability to perform a major life activity or
major bodily function when compared to how the
person in the general population performs the same
major life activity or major bodily function
Major Life Activities
 …means functions such as caring for one’s self;
performing manual tasks; walking; seeing;
hearing; speaking; breathing; learning; or working
 ADAAA08 added…reading, concentrating,
thinking, sleeping, eating, lifting, bending,
communicating, and the operation of a major
bodily function such as the immune system,
normal cell growth, digestive, bowel, bladder
functions
§ 504 Intent
The question of whether an individual’s impairment
is a disability under the ADA should not demand
extensive analysis
Did you know…
An impairment in and of itself is not a disability.
The impairment must substantially limit one or
more major life activities in order to be
considered a disability under§ 504
Cultural, Economic, & Environmental
Factors
….three parts of definition specifies physical and mental
disabilities…thus, cultural, economic, and
environmental factors are not themselves covered. Such
as…
-Homeless
-Migrant
-Poverty
-Divorce
-ESL
-Military deployment
-Attendance problems
-Death or other
family crisis
Annual Notice of
Nondiscrimination
• A recipient that employs 15 or more people
• Initial and continuing steps to notify participants,
•
•
•
•
beneficiaries, applicants, and employees
Does not discriminate in admission or access
Shall identify the official responsible for ensuring
compliance
Multiple methods of dissemination
If the service area contains limited English language,
public notifications must be disseminated in native
language
Annual Notice Scenerio:
What’s missing?
In compliance with Federal Law, Best Bet Schools
administers all education programs, employment,
and admissions with out discrimination against
any person on the basis of gender, race, or religion
Child Find
 A public elementary or secondary education program
shall annually:
 Undertake to identify and locate every qualified
handicapped person residing in the recipient’s
jurisdiction who is not receiving a public education;
and
 Take appropriate steps to notify handicapped persons
and their parents/guardians of the recipient’s duty
under this subpart
Clarifying terms and
degrees of impairment/disability
Temporary impairment
Individual Health Plan (IHP)
Section 504
Individual Education Plan (IEP)
Temporary Impairment
 A temporary impairment does not constitute a
disability for purposes of Section 504, unless its
severity is such that it substantial limits a major life
activity for an extended period of time
 Case-by-case basis
 Consideration of 1) duration of impairment and
2)extent to which it limits major life activity
IDEA
SECTION 504
Funding Statute
Non-funding statute
Discrete categories of disabilities
Broadly defines disabled children
Procedural Due Process
Procedural Due Process
“Pure” Section 504 children are
not covered under IDEA
All IDEA children are covered by
Section 504
IEP’s reasonably calculated to
convey educational benefit
Meet the needs of the disabled
students as adequately as nondisabled
Child Find
Child Find
Consent for Evaluation
Consent for Evaluation
Side-by-Side: IDEA and § 504
IDEA
SECTION 504
Evaluation
Evaluation
Eligibility-Adversely Affects
Eligibility-Substantial Limitation
Annual Review
No Annual Review (mandated)
LRE
LRE
Consent for Placement
No consent for placement
Special Education
Accommodations
Re-evaluation
Re-evaluation
Discipline-Manifestation
Discipline-Manifestation
Individual Health Plan (IHP)
 Responsibility of School Nurse to develop
 State policy (not federal statute)
 Each LEA shall make available a registered nurse
for assessment, care planning, and on-going
evaluation of students with special health care
service needs
IHP; Section 504; IEP
With a partner or small group:
Discuss the similarities and differences between an
Individual Health Plan (IHP), a Section 504 Plan, and
an Individual Education Plan (IEP)
 When would you choose one or the other?
 When is an IHP enough and when do you need a 504?
Did you know….
 Q: How should the school respond if parents
reject IDEA eligibility and demand a 504 plan?
 A:
Parents may not reject the IDEA services and
then expect the school to develop a 504 plan. A
rejection of services under the IDEA amounts to a
rejection of FAPE under Section 504.
Did you know…
A 504 plan is not legally sufficient to substitute for
an IEP. IDEA sets out specific requirements for the
development and content of a student’s IEP
Section 504 Plans & IEPs
Section 504 eligibility is not a consolation prize for
students who do not qualify for special education
(Zirkel, P. Lehigh University)
IDEA regulations do not allow a 504 plan to substitute
for an IEP. The IDEA and its regulations set out specific
requirements for the development and content of a
student’s IEP.
(Letter to Morse, OSEP: 10-03-03)
Consent for Evaluation: 504
Must have parent consent for evaluation
but not required to have
parent consent for services
Eligibility Procedures
 Must draw upon information from a variety of sources
 Document and carefully consider all information,
including any new data
 Team decides…group should be knowledgeable about
condition, student, context, capacity
 LRE appropriate appropriate to learner
Accommodation Plan
 Evaluation drawn from a variety of sources-traditional
and nontraditional sources (including
aptitude/achievement measures, medical
documentation, psychological evaluations,
curriculum-based, teacher anecdoctal notes, etc.)
 Developed in accordance to LEA procedures
Accommodation Plan
 Reviewed (best practice annually) as appropriate
(frequently as needed)
 Documented and coherent
 Includes supplemental aides, related services, field
trips, recess, lunch, clubs, athletics
 Written by the team, communicated & disseminated
 Procedures should be in place to monitoring plan
implementation
Team Members
(Multi-disciplinary committee)
 Speech, OT, PT, child nutrition-match to child’s
documented needs
 General Educator(s)
 School Nurse
 School Counselor
 Administrative personnel
 Parent, Student, Advocate
Persons knowledgeable about child, meaning of
data, placement options
Implementation
 General education teachers must implement the
provisions of the Section 504 plans when those plans
govern the teachers’ treatment of students for whom
they are responsible. If the teachers fail to implement
the plan, it can cause the LEA to be in noncompliance
 If teachers do not implement the § 504, the majority
of times, it is a miscommunication issue
State Testing Accommodations
 Use NCWISE “testing accommodations chart” form
www.ncpublicschools.org/accountability/policies.tswd
Accommodations that are listed on Section 504
Plan must be used routinely in classroom
instruction, classroom assessments, and on
state assessments
Procedural Safeguards
 Notice to parent with accompanying documents
 Re-evaluation before a significant change in placement
 Grievance procedures
 Designation of employee responsible for compliance
 Public notice of nondiscrimination policy
Procedural Safeguards
(cont.)
 Parents rights to review educational records, appeal
any decision regarding evaluation and placement
through an impartial hearing
Discussion questions
 Discuss how your LEA does the following:
 What processes are in place for transfer students?
 What constitute reasonable services under 504?
 What procedures are in place for 504 re-evaluation?
 What procedures are in place to monitor plan
implementation?
Best Practices
 Annual Review
 Parent, student, professional that matches need (eg
Child Nutrition) at team meeting
 Consent for placement
 Multiple sources of data
 Instructional and testing accommodations match
 More detail is better than not enough detail
Best Practices
 Be proactive-provide accommodations listed in the
Section 504 plan; don’t wait for a student to request
them
 Delineate roles and responsibilities for services as well
as disability discrimination complaints
 Do not use learning as the only gauge of § 504
eligibility
 Update forms
Section 504 Resources
 http://www.uwsp.edu/education/pshaw/Portfolios/KI
M%20MEISSEN/inetpub/SOEportfolio/504resources.
html
 www.eeoc.gov
 http://wrightslaw.com/
 http://www2.ed.gov/about/offices/list/ocr/504faq.ht
ml
 LRP.com
Future Directions
 Create state guidance document
 Facilitate professional development
 Create process through NCWISE to collect annual
reporting data (headcount and/or accommodations)
 Testing Accommodations Chart-accountability
www.ncpublicschools.org/accountability/policies.tswd
 Continue collaboration between and among agencies
(Child Nutrition, Exceptional Children, School Nurses,
etc)