Section 504: A Team Approach
For many school districts, Section 504 is a struggle and difficult process to manage. Using a team
approach to determine eligibility and appropriate accommodations is critical to having a successful
process in place. “Pre-placement evaluation of any person, who because of a handicap, needs or is
believed to need special education or related services must be conducted before taking action with
respect to the initial placement and any subsequent significant change of placement of that person”
Section 104.35(a).
It is important to remember that schools do not have to evaluate a student who has been referred if
school personnel do not believe that the child is eligible under Section 504. Section 504 only requires
that the evaluation be conducted in suspected areas of need. If a school determines that an evaluation
is not needed because it does not believe that the child has a disability covered under Section 504, the
school must convey to the parents their rights to appeal the decision and have an impartial hearing. If
the hearing officer rules that the child must be evaluated, then the school must provide the evaluation.
One of the primary reasons for conducting the evaluation is to determine if the student is eligible for
services under Section 504. Eligibility is based primarily on the definition of disability. Section 504
defines disability as a physical or mental impairment that substantially limits one or more major life
activities. This is a critical element in determining eligibility and is a subjective decision made by a group
of individuals who are knowledgeable about the child. A team approach in this determination is
significant for the district. Feedback and discussions with teachers, counselors, and parents regarding
the severity and duration of the impairment are two factors that most likely determine whether or not
an impairment substantially limits a major life activity.
Example: If it is a severe impairment, but only affects the student for two days, then a substantial
limitation does not likely exist. Similarly, if an impairment if long term, but it is very mild, then a
substantial limitation may not exist.
A team approach is the best practice in determining Section 504 eligibility for students. School districts
want to establish nondiscriminatory evaluation and placement procedures to avoid the inappropriate
education that may result from the misclassification or improper placement of students. Providing a
“free appropriate public education” (FAPE) to each student, regardless of disabilities means providing
regular or special education and related aids and services designed to meet the individual educational
needs of disabled persons as adequately as the needs of nondisabled persons are met, to the maximum
extent as nondisabled students as appropriate.
For more information contact: Mona Yanacheak at myanacheak@nwaea.com or 712-222-6095.