November 23, 2009
Escambia County Schools
Policies & Procedures for
Implementation of
Section 504 of the
Rehabilitation Act of 1973
Table of Contents
INTRODUCTION
Page 1
GENERAL INFORMATION
SECTION 504 OF THE REHABILITATION ACT OF 1973
IMPLICATIONS OF SECTION 504 AND IDEA
DETERMINING ELIGIBILITY UNDER SECTION 504
Page 2
Page 2
Page 2
SECTION 504 PROCEDURES – Flow Chart
Page 4
ESTABLISHMENT OF 504 PLAN
REFERRAL PROCESS
EVALUATION
ELIGIBILITY
SECTION 504 INFORMED NOTICE/DETERMINATION
ACCOMMODATION PLAN
 Writing the Plan
 Implementation of the Plan
 Review of the Plan
RE-EVALUATION
 Maintenance of 504 Eligibility Roster
DISMISSAL
DISCIPLINE
 Change in Placement
MANIFESTATION DETERMINATION
Page 5
Page 5
Page 6
Page 6
Page 6
Page 7
Page 8
Page 9
Page 9
Page 10
APPENDICES
Appendix A: Notice to Parent/Guardian: Educational Rights under Section 504 of the
Rehabilitation Act of 1973
Appendix B: 504 Informed Notice of Meeting
Appendix C: 504 Determination
Appendix D: 504 Review/Reevaluation Form
Appendix E: 504 Accommodation Plan
Appendix F: Definition of Terms
SECTION 504 OF THE REHABILITATION ACT
OF 1973 COORDINATORS’ HANDBOOK
INTRODUCTION
This handbook is designed to provide information concerning referral,
evaluation/reevaluation, staffing, and 504 accommodation plan procedures to school
administrators, 504 contacts, guidance counselors, school psychologists, social workers, and
teachers.
For information regarding a student or parent/guardian alleging discrimination as it relates to
Section 504 of the Rehabilitation Act please contact: Director of Exceptional Student
Education, (850) 429-2977.
For information regarding an employee, student, parent/guardian or applicant alleging
discrimination with respect to employment, or any educational program or activity please
contact: Human Resources, (850) 469-6168.
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GENERAL INFORMATION
SECTION 504 OF THE REHABILITATION ACT OF 1973
In 1973, the Vocational Rehabilitation Act was signed into law. As part of the Act, Congress
enacted Section 504, which essentially provides that disabled persons cannot be discriminated
against based solely on their disability. This law became the first federal civil rights law to
protect the rights of disabled persons. The official name of the Act is “Nondiscrimination on the
Basis of Handicap in Program and Activities Receiving or Benefiting from Federal Financial
Assistance.”
IMPLICATIONS OF SECTION 504 AND IDEA
The federal government views the requirements of Section 504 and the IDEA as different but
compatible. While Section 504 is a basic civil rights statement on behalf of disabled persons, the
IDEA (Individuals with Disabilities Education Act) is a support program to assist states and
districts with the provision of a free appropriate public education to disabled students. Any
recipient of federal education funds is bound by the requirements of Section 504.
Both the IDEA and Section 504 require:




Child identification, location, and evaluation
Free appropriate public education
Nondiscriminatory testing
Procedural safeguards
DETERMINING ELIGIBILITY UNDER SECTION 504
A student may be considered a student with a disability if the student has a mental or physical
impairment that substantially limits a major life activity. Students with disabilities who are not
eligible under the Individuals with Disabilities Education Act (IDEA) may be eligible for services
and protection including educational accommodations under Section 504 of the Rehabilitation Act
of 1973.
To be eligible as a student with disabilities under 504 for services and protection against
discrimination, a student must be determined, as a result of an evaluation to have a “physical or
mental impairment.” That impairment must “substantially [limit] one or more major life
activities,” (Section 104.3(j) (1) & (2) of Title 34).
The 504 federal regulations define physical or mental impairment as: “any physiological disorder
or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following
body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech
organs, cardiovascular, reproductive, digestive, genito-urinary, hemic-lymphatic, skin, endocrine
or any mental or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.” It is important to note, however,
that this list is not all-inclusive and could include other physical or mental impairments.
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Major life activities include but are not limited to:
 Caring for one’s self
 Seeing
 Breathing
 Working
 Walking
 Performing manual tasks
 Learning
 Hearing
 Speaking
Services and protections under Section 504 include program accessibility, prohibition of
discrimination and provision of reasonable accommodations in the area of education. The
requirement for a non-discriminatory education ensures that the student receives a free appropriate
public education in a non-segregated educational setting and has been appropriately placed
through the administration of a variety of assessments. Parents/guardians and students are
afforded rights by Section 504 of the Rehabilitation Act of 1973. The student identified as
qualified under Section 504 is also afforded an equal opportunity to participate in nonacademic
and extra curricular services and activities in the same manner as non-disabled students.
Commonly in the area of education, schools will determine if learning, as a major life
activity, is impacted by the student’s disability. The Office for Civil Rights (OCR), which is
the agency that enforces Section 504’s educational provisions, has provided some guidance
and has stated: “By definition, a person who is succeeding in regular education does not
have a disability which substantially limits the ability to learn.” Saginaw City (MI) Sch.
Dist., EHLR 352:413 (OCR 1987). In addition, OCR has indicated that whether a
particular impairment “substantially limits” a major life activity is a determination to be
made by a school district. Letter to McKethan, 23 IDELR 504 (OCR 1995). In general, if
the suspected disability is in the area of learning (or something similar, such as reading,
thinking, communicating or concentrating), and evaluation under IDEA should be
completed to rule out an IDEA learning disability first.
A 504 Accommodation Plan may be necessary for a student determined to be a student with a
disability under Section 504 to ensure that the student has equal access to academic and nonacademic educational activities.
Students identified as disabled and who have been determined eligible for Exceptional Student
Education (ESE) services under IDEA are also afforded protections under Section 504. The
student with disabilities under IDEA, however, is provided all needed accommodations through
the individual education plan (IEP) process and would not need a 504 Accommodation Plan. In
such cases, the student’s IEP is his/her 504 Accommodation Plan.
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Section 504 Procedures
Students suspected of
having a disability that
affects a major life
function may need a 504
Plan to provide the student
with equal access to
educational opportunities.
This flow chart and the
directions that follow
explain this process.
Student is identified as possibly having
a disability that impacts school
performance.
Student is brought to the IST/RtI Team.
IST/RtI Team considers all available documents
and information.
IST/RtI Team determines that referral for
possible 504 is appropriate.
Request is made for 504 eligibility.
IST/RtI Team determines that referral
for 504 is not necessary.
504 Team convenes to review all available
information and determine if there is sufficient
data to determine 504 eligibility.
Data is sufficient.
504 Team proceeds to eligibility
determination.
Data is not sufficient.
504 Team requests
additional information
and designates person(s)
responsible.
504 Team determines eligibility
based on the 2-part criteria:
1) having an impairment which
2) limits a major life function
Student
is determined to be eligible
under Section 504.
Student is determined to
be ineligible
under Section 504.
A Section 504 Accommodation Plan is
developed for the student.
The plan is reviewed annually.
Copies of the plan are distributed to all personnel
who will be required to implement it.
November 23, 2009
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ESTABLISHMENT OF 504 TEAM
1. 504 Contact/Designee: The principal designates a school-based person as the 504
contact/designee. This contact/designee facilitates parent/guardian and school communication,
manages the organization of the written documentation, coordinates the evaluation activities, and
schedules 504 meetings regarding referral, evaluations, eligibility and reviews of the
Accommodation Plan. The contact/designee also maintains a current list of 504 students and
shares this information with teachers and staff responsible for discipline.
2. 504 Team: The 504 team should be comprised of persons knowledgeable about the student.
The team must include, at a minimum, the 504 contact/designee and the student’s teacher. The
parent/guardian must also be invited to be a part of the team. In addition, the team may include,
other school and district personnel as appropriate (i.e. counselor, school nurse, etc.).
REFERRAL PROCESS
3. A student may be identified by a teacher, parent/guardian, administrator or other person with a
legitimate interest in and knowledge of the student. To begin the consideration process, a student
must be brought before the IST/RTI Team.
4. The IST/RTI Team reviews the request for consideration of 504 eligibility. Information
reviewed by the team may include, but is not limited, to the student’s cumulative educational
record, district and statewide assessment scores, classroom student work sample and tests,
anecdotal records, medical information (internal and external), and input from classroom teachers
and parent/guardians.
5. During the IST/RTI Team meeting, the team needs to address the following questions:




What area of the student’s classroom performance is of most concern?
What interventions, methods, strategies or services have been tried in an effort to deal
with the concerns? What have been the results?
Does the student use any special accommodation in the classroom?
How might eligibility for 504 help the student in his educational performance?
6. Parent/guardians may refer their child for consideration of 504 eligibility. As part of such a
referral, a parent/guardian may provide an evaluation, including but not limited to a medical
report, a psycho-educational evaluation, neuropsychological evaluation, or a psychiatric
evaluation. These reports should be considered in determining whether a referral for
consideration of 504 eligibility should move forward. Regarding parent/guardian referrals, the
team should ask the parent/guardian the following questions:



What type of disabling tendencies do you feel your child may have or exhibit?
What are your areas of concerns regarding your child’s educational performance?
How do you believe your child’s disabling tendencies affect his school performance?
7. Medical reports provided by the parent/guardian should include the medical diagnosis with a
description of the disabling condition and the medical implication if any for instruction.
8. Following consideration of all available and relevant information on the student, the IST/RTI
Team determines whether a referral for possible 504 eligibility should move forward.
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EVALUATION
1. All available records and student data should be reviewed by the school intervention team.
The team determines if any further evaluation is needed.
2. If a parent/guardian provides a private evaluation, the team determines if the evaluator is a
“trained clinician” with the skills necessary to make a determination as described in the DSM IV.
If the team has difficulty making that determination, the Department of Psychological Services
can determine if the evaluator is a bona fide examiner. The team is not bound by
recommendations made by a private evaluator and must only consider outside diagnoses and
recommendations. The team still must determine whether the student is disabled under the
guidelines of these procedures and whether a diagnosed condition actually manifests itself in the
educational environment.
3.
If the team determines that sufficient evaluation data is present to make a determination
regarding Section 504 eligibility, or that no additional evaluation data is required, the team goes
forward with the eligibility process for Section 504.
4.
If the team determines that additional assessment information is necessary, the team will
designate the team member(s) to be involved in the assessment process (psychologist, counselor,
social worker, teacher, school nurse, etc.). Additional assessment information may include
behavior ratings, standard academic achievement assessments, screening for sensory or physical
concerns, or medical information.
ELIGIBILITY
For the purpose of determining whether a student is in need of accommodations under 504, a
problem solving method will facilitate the identification of the severity and impact of the
disability on the major life activity.
To make the determination, the student must meet both parts of the eligibility criteria:
Does the student have a physical or mental impairment?
Does the physical or mental impairment substantially limit a major life activity?
The team needs to ask the following questions based on the evaluation data:
 Does the child have a physical or mental impairment?
 Is the physical or mental impairment substantially limiting a major life activity of the
student?
 Is the child progressing adequately through the general curriculum?
 Does the student’s condition prevent him or her from learning?
 Does the condition limit the student’s equal access to educational opportunities?
 Based on the medical report if provided by the parent/guardian, what is the medical
implication for instruction?
SECTION 504 INFORMED NOTICE/DETERMINATION
The 504 contact/designee schedules a meeting to discuss eligibility and invites the parent/guardian
by sending home the 504 Informed Notice of Meeting (Appendix B). The 504 contact/designee is
responsible for scheduling the meeting and notifying the participants of the meeting date and time.
The team must include, at a minimum, the 504 contact/designee and persons knowledgeable about
the student including classroom teacher(s). The eligibility determination and the completion
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of the Accommodation Plan, if determined appropriate, can all be scheduled for the
same meeting. The Notice to Parent/Guardian: Educational Rights under Section 504 of the
Rehabilitation Act of 1973 (Appendix A) must also be sent/given to the parents/guardians at
this time.
ACCOMMODATION PLAN
The team develops the plan based on the student’s disability and the affect of the disability on the
major life activity. Specific accommodations currently provided in the classroom for the student
may be included on the plan. The 504 Accommodation Plan (Appendix E) is signed by those in
attendance. Parent/guardian must receive a copy of the 504 Accommodation Plan and Notice of
Parent/Student Educational Rights under Section 504 of the Rehabilitation Act of 1973.
(Appendix A)
At the conclusion of the meeting, the 504 contact/designee will create a 504 folder to include the
following: medical statement with diagnosis, evaluation data, 504 Informed Notice, 504
Determination Form and the 504 Accommodation Plan. The folder must be filed in the student’s
educational cumulative record. All 504 forms must be sent to:
Section 504 District Facilitator
Central Files, ESE Department
J.E. Hall Center
Writing the Plan
The plan sets forth what accommodations will be provided to assist the student with a
disability to receive equal access to the same educational programs, services, and activities
afforded to non-disabled students.
Examples of reasonable learning accommodations could include but are not limited to:
 Physical arrangement of room:
 Seat by the teacher
 Seat in front of the classroom
 Seat away from distraction
 Use of a study carrel

Lesson Presentation:
 Written or oral
 Teaching to student’s modality (visual , auditory, or kinesthetic)

Classroom Assignment/Assessments:
 Reduced workload (as long as this does not modify the curriculum)
 Extra time
 Reduce distractions

Organizational:
 Planner
 Peer tutoring
 Study hall
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
Behavior:
 Counseling
 Time out
 Regular communication with parent/guardian (weekly/daily reports, planner)
 Behavior intervention plan/contract
Note:
Florida Statutes allow for testing accommodations for students identified as students with
disabilities under Section 504. The accommodations must be described in the 504
Accommodation Plan in order to be allowable on the statewide assessments, including the
FCAT. The accommodations must mirror those provided to the student throughout the school
year in the classroom setting. Allowable accommodations include those in the category of
presentation, responding, scheduling, setting and assistive devices. If the student receives
accommodations throughout the school year that are not allowable for FCAT testing or other
statewide or district-wide testing, the parent/guardian must receive a notice and the school
must seek consent as described in the Parent/Guardian Notice and Consent for Student to
Receive Instructional Modifications Not Permitted as Accommodations on Statewide
Assessments.
Additional information regarding statewide assessments and accommodations for students
with disabilities can be located at http://www.firn.edu/doe/commhome/fcatasd.htm or by
viewing the following brochures:
 Descriptions of FCAT Accommodations (PDF)
 FCAT Accommodations for Students with Disabilities-Information for
Parent/Guardians (PDF)
 Planning FCAT Accommodations for Students with Disabilities - Information for
Parent/Guardians and Teachers (PDF) This pamphlet is included in the appendix of
this handbook.
 The Sunshine State Standards and Students with Disabilities-(poster) (side 2) (PDF)
Implementation of the Plan
When completed, the student’s Accommodation Plan is provided to all school personnel
responsible for the implementation of the plan. Copies of the plan are to be provided to all
classroom teachers of the student and to any other person who may be responsible for the
implementation of the plan such as health-care workers, social workers, or guidance
counselors. Accommodations, as appropriate, are to be provided throughout the school year
for the student.
RE-EVALUATION
The Accommodation Plan for every student is to be reviewed periodically, but not less than
annually, to determine whether the student continues to be a student with a disability and, if so,
whether the Plan needs to be revised or additional assessment data are needed. At the review/reevaluation meeting, the team reviews current evaluation information, which can include, but is not
limited to, academic progress in the classroom, standardized test scores, behavior plans, medical
needs, classroom observations, work samples, etc. Parent/guardians must be invited to this
meeting using the 504 Informed Notice of Meeting. (Appendix B) The outcome of this meeting
must be recorded on the 504 Review/Reevaluation Form. (Appendix D)
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Maintenance of 504 Eligibility Roster
The 504 contact/designee will update and maintain a current roster of students in the
school who are eligible for 504. The updating and maintenance of this roster must
occur at least one time per semester. During compliance audits, this roster may be
requested by the Office for Civil Rights.
DISMISSAL
At the annual review or at any other time that the team determines a formal review is necessary,
the student can be considered for dismissal from 504 eligibility. The 504 contact/designee will
schedule and notify the parent/guardian and school personnel of the re-evaluation conference
using the 504 Informed Notice of Meeting (Appendix B). Meeting participants should include
parent/guardian(s), a school administrator, classroom teacher(s), school psychologist, school
social worker, guidance counselor, school nurse or other appropriate personnel. Based upon the
evaluation data, the team can determine that the student is no longer in need of 504
accommodations, and is, therefore, no longer eligible for services pursuant to an Accommodation
Plan. The team may then dismiss the student by documenting the determination on the 504
Determination form (Appendix C).
In addition, the parent/guardian(s) must be provided with the Notice to Parent/Guardian:
Educational Rights under Section 504 of the Rehabilitation Act of 1973 (Appendix A).
DISCIPLINE
There is no explicit guidance from the Office for Civil Rights (OCR) in regard to discipline
for students with disabilities. Below is a guideline based on information from The Florida
Department of Education’s “District Guide for Meeting the Needs of Students”. It is
important to note that each student and the behavior exhibited is unique and discipline should
be imparted on a case-by-case basis. The main factor to remember is that a student may not
be denied services or discriminated against due to his/her disability.
Change in Placement
A Change in Placement occurs when a student with a disability is excluded on a
permanent or temporary basis that exceeds more than ten consecutive school days.
Additionally, a series of removals that cumulatively add up to more than ten school days
in a school year may be considered to be a change in placement, depending upon the
pattern of the removals.
In-school suspensions which result in the student’s removal from the educational program
can also be considered to be a change in placement. Failure to provide services as
specified on the student’s plan and exclusion from the educational program and regular
school activities would be relevant factors when determining if a significant change in
placement has occurred.
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MANIFESTATION DETERMINATION
If disciplinary action that constitutes a significant change of placement is considered, a
meeting to determine whether the misconduct is related to the student’s disability is held.
This determination is made prior to implementing a disciplinary action exceeding 10
consecutive or cumulative days in a school year that may result in a significant change of
placement.
Persons knowledgeable about the student (parent/guardians and individuals who have
sufficient knowledge of the student) must determine whether the conduct in question was
caused by or had a direct and substantial relationship to the student’s disability. This
committee will usually be chaired by the school’s Intervention Specialist or a staff member
determined by the Principal. In making the decision, the committee must consider whether
educational aids and services and behavior intervention strategies as outlined by the student’s
plan were provided and, if not, whether the failure to provide those services directly resulted
in the conduct at issue. If the determination is made that either the conduct was caused by or
had a direct and substantial relationship to the student’s disability or the failure to implement
the plan directly resulted in the student’s conduct, the committee must determine that the
behavior was a manifestation of the student’s disability.
If the behavior is a manifestation of the student’s disability, the student may not be suspended
or expelled beyond the 10 day limit and measures should be taken to determine the
appropriate educational placement based on applicable procedural safeguards to include the
provision of positive behavior intervention strategies. See Technical Assistance Paper for
Functional Behavior Assessment/Positive Behavior Intervention Plan.
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