Section 504….again
Question #1
Section 504 is…
a. the most confusing legislation ever
written!
b. a law that is 38 years old.
c. a declaration of disability.
d. all of the above.
Question #2
Our school should consider holding a 504
eligibility determination when…
a. a referral is made by anyone who has a
legitimate interest in and knowledge of the
student.
b. all of the preparation for FCAT is done.
c. the parent contacts the ESE Dept., the
Superintendent’s Office, or an attorney.
Question #3
When a parent brings in a medical diagnosis for
504 consideration we should…
a. let it get buried on the counselor’s desk
and hope the parent forgets about it.
b. immediately pull up the student’s grades to
discover they are “just fine” and tell the
parent the student will not be eligible.
c. schedule a team meeting to discuss the
implications of the diagnosis and follow
the process to determine if the student is
eligible.
Question #4
Under Section 504 a disability is defined
as…
a. a mental or physical impairment that
b.
c.
d.
e.
substantially limits a major life activity.
an anti-discrimination law.
an eligibility for accommodations only in
the K-12 system.
a formal method to ensure equal access.
all of the above.
Eligibility has two prongs
 First, establish existence of a disability
The Rehabilitation Act of 1973 defines an
individual with a disability 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.
 Second, establish need for accommodations
“substantial limitation of one or more major life
activities”
Definition of “Major Life Activities”
 Major Life Activities include but are not limited to:
 Caring for one’s self
 Seeing
 Breathing
 Working
 Walking
 Performing manual tasks
 Learning
 Hearing
 Speaking
Question #5
Regarding Section 504, the District has
provided…
a. a law conference annually.
b. a law conference dedicated to Section 504
specifically.
c. a 504 training and manual to all guidance
counselors during the 2009-2010 school
year.
d. all of the above.
Common misunderstandings clarified…
 ESE/IEP students are 504 students – IEPs are a type of
504 Plan
 Interventions are not a requirement before 504
determination
 Parents can be asked to provide a medical diagnosis –
being cautious in how we do so
 District procedures call for an annual review of the 504
Plan.
 Accommodations are meant to be faded or omitted
over time as appropriate for the student’s disability and
age
Things staff should NEVER say…
 “If we do that for your child, we’ll have
to do it for everyone.”
 “We don’t do that here.”
 “We don’t have time to do that
accommodation.”
 “Oh, we didn’t know your child had a
504 Plan.”
Other commons issues or
questions…
 Discipline procedures for students with 504
Plans mirror those for students with IEPs
 ESE Director is the 504 District Coordinator
 504 Complaints go to the Office of Civil Rights
 Transfer students’ 504 plans must be honored
until we determine eligibility here
Question #6
When the term 504 is mentioned we
should…
a. follow the process.
b. inform our staff as to how to proceed
(especially office staff with whom parents
may share this information).
c. follow the process.
d. PANIC!
e. follow the process.