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The 123's of the 504

A student with a disability means any person who...

  • Has a physical or mental impairment which substantially limits one or more major life activities,
  • Has a record of such an impairment, or
  • Is regarded as having such an impairment.

For More Information

The Center for Exceptional Families

1702 Stone Street, Suite A

Jonesboro, AR 72401

www.thecenterforexceptionalfamilies.org

Resources

504 and LRE

Major Life Activities

Section 504 provides that a qualified student with disabilities is entitled to

504 Evaluation/Placement Process

504 Provides FAPE

  • Generally, students with a 504 plan are students in the general education setting. If the health issues or disability cannot be met thorough our 504 plan, referral for possible placement in special education may be more appropriate.
  • Includes nonacademic and extracurricular activities like meals, recess, counseling services, transportation, health services, athletics, recreational activities, clubs or special interest groups.
  • Disability Rights Center (P&A)
  • www.arkdisabilityrights.org
  • Section 504: Equity Assistance Center (501) 682-4213
  • Special Education Guidelines:
  • www.arkedu.state.ar.us/specialeducation
  • Arkansas Support Network
  • www.supports.org

Caring for one’s self

Walking

Seeing

Breathing

Learning

Performing manual tasks

Hearing

Speaking

working

Section 504 requires federally funded public elementary and secondary education programs to provide a “free appropriate public education” (FAPE) to each qualified person

Note: under 504, evaluations usually means a collection of data and information about the student, such as, response to intervention data, medical information, school screeners that have been given to the child. Most of the time, students needing a 504 plan, do not have a comprehensive evaluation as they would if they were being referred for special ed. However, if needed, the 504 team may decide to complete a comprehensive evaluation.

  • Referral by parents, teachers, students, and community agencies.
  • School notifies parents of reason and intent to conduct a 504 planning meeting. This meeting will include a description of evaluation and procedural safeguards.
  • Parent consent. Written consent not required but would be wise.
  • An evaluation

  • Development of an individualized program
  • Transportation and placement

Rehabilitation Act of 1973, as amended

Placement Process

Substantial Limitation

Parent Procedural Safeguards

  • Assessments
  • Eligibility determination is done by a team that includes persons knowledgeable about the student, meaning of assessment data, and placement options.
  • Parent consent to services (written consent not required, but wise)
  • Services, accommodations designed (504 plan)

Whether person has “an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives. The impairment’s impact must also be permanent or long-term.”

(Toyota Motor Manufacturing v. Williams)

  • Notice of their rights
  • Opportunity to review records
  • Impartial hearing regarding the identification, evaluation, or placement of students with disabilities
  • Review procedures

Section 504. No otherwise qualified individual with handicaps in the United States. . .shall, solely by reason of. . .handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Schools must also provide that...

The provision of FAPE means...

Recommended 504 Team

  • Students with disabilities shall be afforded an equal opportunity to participate in non-academic/extracurricular services and activities.

  • Services and activities include counseling, competitive or recreational athletics, transportation, health services, special interest groups or clubs and student employment.

Provision of regular or special education and related aids and services that:

(a) are designed to meet individualized educational needs of a person with disabilities as adequately as the needs of non-disabled persons are met;

(b) means providing accommodations and auxiliary aids and services.

(c) are based upon adherence to procedures that satisfy the evaluation and placement, mainstreaming, and procedural safeguards regulations of Section 504.

  • Parents
  • Child, when appropriate
  • Principal or designee
  • Classroom teacher(s)
  • Others as appropriate

Discipline Under 504

504 Assessment

504 Evaluation

  • Does not have a “stay put” provision
  • The 504 team members must conduct a review of student information and current concerns before taking any action with respect to any significant change in placement.
  • If misconduct is caused by the disability, the evaluation team must continue the evaluation to determine whether the current placement is appropriate.
  • If it is determined that the misconduct is not caused by the disability, the student may be excluded from school, in same manner as student without disabilities.

The 504 team members will discuss and decide what student information, data, evaluation components are needed to appropriately write the plan.

504 Dispute Resolution Procedures

  • A collection of educational, medical, and other evaluation information is required before student is placed (receives 504 services)
  • Reviewed periodically or upon request

School district 504 procedural requirements

  • Internal grievance process
  • Mediation
  • Impartial hearing
  • OCR complaint
  • Litigation
  • Nondiscrimination notice
  • 504 coordinator
  • Grievance procedures
  • Parent/student notice
  • Locate and identify students with 504 disabilities
  • Annually notify parents and persons with disabilities of school’s 504 responsibilities
  • Provide parents with procedural safeguards
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