Is Their A Time Frame A Student Must Use Accommodations To Keep Them In Their 504 Plan?

Ofttimes Asked Questions About Section 504 and the Education of Children with Disabilities

Introduction | Interrelationship of Idea and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a certificate originally adult by the Chicago Role of the Office for Civil Rights (OCR) in the U.Due south. Department of Didactics (ED) to analyze the requirements of Department 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public uncomplicated and secondary didactics.  The principal purpose of these revisions is to incorporate information about the Americans with Disabilities Human activity Amendments Deed of 2008 (Amendments Act), effective Jan 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504.  The Amendments Act broadens the interpretation of disability.  The Amendments Act does not crave ED to improve its Section 504 regulations.  ED'southward Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Human action.  In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Department 504 and Title Ii of the ADA, including whether whatever changes in regulations, guidance, or other publications are advisable.  The revisions to this Ofttimes Asked Questions certificate do non address the furnishings, if whatever, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Education Deed (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December ane, 2008).

INTRODUCTION

An of import responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability confronting students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Human action of 1973, as amended, 29 United states of americaC. § 794 (Section 504). Most of these business organization identification of students who are protected past Section 504 and the means to obtain an appropriate didactics for such students.

Section 504 is a federal police designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Section of Didactics (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely past reason of her or his inability, exist excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal fiscal aid include public school districts, institutions of higher education, and other state and local didactics agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Department 504 regulations require a schoolhouse district to provide a "free appropriate public didactics" (FAPE) to each qualified educatee with a inability who is in the schoolhouse district's jurisdiction, regardless of the nature or severity of the inability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to run into the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resources document clarifies pertinent requirements of Department 504.

For boosted information, delight contact the Office for Civil Rights.

INTERRELATIONSHIP OF Thought AND Section 504

1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and country departments of education/didactics regarding educational services to students with disabilities?

OCR, a component of the U.South. Section of Instruction, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a ceremonious rights statute which prohibits bigotry against individuals with disabilities. OCR also enforces Title Ii of the Americans with Disabilities Act of 1990 (Championship II), which extends this prohibition confronting discrimination to the full range of land and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal fiscal assistance.  The Americans with Disabilities Human activity Amendments Act of 2008 (Amendments Human activity), effective Jan 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed non to restrict the rights or remedies bachelor nether Section 504. The Title Two regulations applicable to gratuitous advisable public education issues do not provide greater protection than applicative Section 504 regulations. This guidance focuses primarily on Section 504.

Department 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assist from the U.Due south. Department of Education. Championship 2 prohibits discrimination on the basis of inability past land and local governments. The Office of Special Education and Rehabilitative Services (OSERS), likewise a component of the U.Due south. Section of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special educational activity programs.  Each land educational agency is responsible for administering IDEA within the state and distributing the funds for special educational activity programs. Idea is a grant statute and attaches many specific conditions to the receipt of Federal Idea funds. Section 504 and the ADA are antidiscrimination laws and exercise not provide any type of funding.

ii. How does OCR become involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assist to schoolhouse districts, parents or advocates.

3. Where tin a school district, parent, or student get data on Section 504 or observe out data almost OCR's interpretation of Section 504 and Championship II?

OCR provides technical assistance to school districts, parents, and students upon request.  Additionally, regulations and publicly issued policy guidance is bachelor on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.

4. What services are available for students with disabilities under Section 504?

Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to see the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special teaching and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long every bit the schoolhouse commune complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Appropriately, OCR generally will not evaluate the content of a Department 504 programme or of an individualized education program (IEP); rather, any disagreement tin can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the Thought, whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR volition also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

vi. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against whatsoever individual for the purpose of interfering with whatever correct or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. Notwithstanding, OCR may offering to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Section 504. This approach brings the parties together and so that they may discuss possible resolution of the complaint immediately. If both parties are willing to employ this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An understanding reached between the parties is not monitored by OCR.

8. What does noncompliance with Section 504 mean?

A school commune is out of compliance when it is violating whatever provision of the Section 504 statute or regulations.

nine. What sanctions tin can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school commune into voluntary compliance through negotiation of a cosmetic activeness agreement. If OCR is unable to achieve voluntary compliance, OCR volition initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education fiscal assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authorisation to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a individual lawsuit against a school district.  The Section 504 regulations do not incorporate a requirement that a person file a complaint with OCR and frazzle his or her administrative remedies earlier filing a private lawsuit.

STUDENTS PROTECTED Nether SECTION 504

Department 504 covers qualified students with disabilities who attend schools receiving Federal fiscal aid. To be protected under Section 504, a student must be determined to: (1) have a concrete or mental damage that substantially limits one or more major life activities; or (2) have a tape of such an harm; or (3) be regarded as having such an harm. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who take a physical or mental harm that substantially limits i or more major life activities.

eleven. What is a concrete or mental impairment that substantially limits a major life activity?

The determination of whether a pupil has a physical or mental impairment that essentially limits a major life activity must exist made on the basis of an private inquiry. The Section 504 regulatory provision  at 34 C.F.R. 104.iii(j)(2)(i) defines a physical or mental impairment every bit any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting ane or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech communication organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or whatever mental or psychological disorder, such as mental retardation, organic encephalon syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute concrete or mental impairments because of the difficulty of ensuring the comprehensiveness of such a listing.

Major life activities, every bit defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such equally caring for 1's self, performing manual tasks, walking, seeing, hearing, speaking, animate, learning, and working. This list is non exhaustive. Other functions can be major life activities for purposes of Section 504.  In the Amendments Act (encounter FAQ i), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, continuing, lifting, angle, reading, concentrating, thinking, and communicating.  Congress besides provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such every bit the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  The Section 504 regulatory provision, though not as comprehensive every bit the Amendments Act, is nevertheless valid – the Section 504 regulatory provision'due south list of examples of major life activities is not sectional, and an activity or role non specifically listed in the Section 504 regulatory provision tin nonetheless be a major life activity.

12. Does the pregnant of the phrase "qualified educatee with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the unproblematic and secondary educational level, a "qualified student with a disability" is a student with a inability who is: of an historic period at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory nether state law to provide elementary and secondary educational services to students with disabilities; or a pupil to whom a state is required to provide a free appropriate public teaching nether the Individuals with Disabilities Education Deed (IDEA).

At the postsecondary educational level, a qualified pupil with a inability is a student with a inability who meets the academic and technical standards requisite for access or participation in the institution's educational programme or activity.

13. Does the nature of services to which a student is entitled nether Department 504 differ by educational level?

Yes. Public elementary and secondary recipients are required to provide a gratis advisable public education to qualified students with disabilities. Such an didactics consists of regular or special instruction and related aids and services designed to meet the individual educational needs of students with disabilities every bit adequately equally the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to beget an individual with a disability an equal opportunity to participate in a schoolhouse's program. Recipients are not required to make adjustments or provide aids or services that would consequence in a fundamental amending of a recipient's plan or impose an undue burden.

fourteen. In one case a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Department 504 extend simply to individuals who run across the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the educatee'south mental or concrete impairment no longer essentially limits his/her ability to learn or whatever other major life activity, the student is no longer eligible for services under Department 504.

xv. Are current illegal users of drugs excluded from protection under Section 504?

More often than not, yes. Section 504 excludes from the definition of a educatee with a inability, and from Section 504 protection, any pupil who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

xvi. Are current users of alcohol excluded from protection under Section 504?

No. Department 504's definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to accept disciplinary action against students with disabilities using drugs or alcohol to the same extent equally students without disabilities.

EVALUATION

At the elementary and secondary schoolhouse level, determining whether a child is a qualified disabled pupil nether Section 504 begins with the evaluation process. Department 504 requires the utilise of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled equally having a disability, or incorrectly placed, based on inappropriate choice, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Department 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services considering of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special pedagogy. Tests used for this purpose must exist selected and administered so as best to ensure that the examination results accurately reverberate the pupil'southward aptitude or accomplishment or other factor being measured rather than reflect the pupil'due south disability, except where those are the factors being measured. Section 504 too requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must exist validated for the specific purpose for which they are used and accordingly administered by trained personnel.

eighteen. How much is plenty information to document that a student has a disability?

At the simple and secondary teaching level, the corporeality of information required is determined by the multi-disciplinary commission gathered to evaluate the student. The committee should include persons knowledgeable about the student, the significant of the evaluation data, and the placement options. The committee members must decide if they take enough data to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process and then that the possibility of fault is minimized. The data obtained from all such sources must be documented and all significant factors related to the student's learning process must exist considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, information technology is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the Thought regarding the grouping of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school district employ to identify students eligible for services nether Section 504? Is it the aforementioned process as that employed in identifying students eligible for services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the Thought. If school districts cull to adopt a split up process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Department 504 regulatory provision at 34 C.F.R. 104.35.

twenty. May school districts consider "mitigating measures" used by a student in determining whether the educatee has a disability nether Department 504?

No.  As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that essentially limits that educatee in a major life action, must not consider the ameliorating effects of whatsoever mitigating measures that student is using.  This is a change from prior law.  Earlier Jan one, 2009, school districts had to consider a pupil'due south apply of mitigating measures in determining whether that student had a concrete or mental impairment that essentially limited that student in a major life activity.  In the Amendments Deed (run into FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Congress did non define the term "mitigating measures" but rather provided a non-exhaustive listing of "mitigating measures."  The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which exercise not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive engineering; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created ane exception to the mitigating measures analysis.  The ameliorative furnishings of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity.  "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed to a higher place) are devices that magnify, enhance, or otherwise augment a visual paradigm.

21. Does OCR endorse a unmarried formula or scale that measures substantial limitation?

No. The conclusion of substantial limitation must be made on a case-by-instance basis with respect to each individual student. The Department 504 regulatory provision  at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon data from a variety of sources in making this determination.

22. Are there any impairments which automatically mean that a student has a disability under Section 504?

No. An harm in and of itself is not a inability. The impairment must essentially limit 1 or more major life activities in lodge to be considered a inability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician'south medical diagnosis may be considered amongst other sources in evaluating a student with an impairment or believed to accept an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include bent and accomplishment tests, teacher recommendations, physical status, social and cultural groundwork, and adaptive behavior.  As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a multifariousness of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically mean a educatee tin receive services nether Section 504?

No. A medical diagnosis of an disease does non automatically mean a student tin receive services under Department 504. The illness must cause a substantial limitation on the student's ability to larn or some other major life activeness. For case, a student who has a physical or mental impairment would not exist considered a student in need of services under Department 504 if the harm does not in whatever fashion limit the student'southward ability to learn or other major life activeness, or only results in some small-scale limitation in that regard.

25. How should a recipient school district handle an outside contained evaluation? Practise all information brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must depict from a diversity of sources in the evaluation process so that the possibility of mistake is minimized. All pregnant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical status, social and cultural background, and adaptive behavior, amidst others. Information from all sources must exist documented and considered past knowledgeable committee members. The weight of the information is determined by the committee given the educatee's individual circumstances.

26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (Thought), merely demands a Section 504 plan for a student without further evaluation?

A schoolhouse district must evaluate a student prior to providing services nether Section 504.  Department 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a educatee has a disability, the Thought and Section 504 provide that school districts may use due procedure hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation procedure makes the ultimate decision regarding a student's eligibility for services under Section 504?

The Department 504 regulatory provision at 34 C.F.R.104.35 (c) (iii) requires that school districts ensure that the determination that a educatee is eligible for special instruction and/or related aids and services exist made past a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the decision, he or she may request a due procedure hearing.

28. Once a pupil is identified as eligible for services under Section 504, is at that place an annual or triennial review requirement? If so, what is the appropriate process to exist used? Or is information technology appropriate to go along the aforementioned Section 504 program in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the Thought regulations, which crave re-evaluation at 3-year intervals (unless the parent and public agency hold that re-evaluation is unnecessary) or more than oftentimes if weather condition warrant, or if the child's parent or teacher requests a re-evaluation, only not more than than once a yr (unless the parent and public bureau agree otherwise).

29. Is a Department 504 re-evaluation similar to an Idea re-evaluation? How oft should it exist done?

Yep. Section 504 specifies that re-evaluations in accordance with the Idea is ane means of compliance with Section 504. The Section 504 regulations crave that re-evaluations be conducted periodically. Department 504 also requires a schoolhouse commune to deport a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a meaning change of placement. OCR would too consider transferring a pupil from i type of program to some other or terminating or significantly reducing a related service a significant alter in placement.

30. What is reasonable justification for referring a student for evaluation for services nether Section 504?

School districts may always utilize regular education intervention strategies to assist students with difficulties in schoolhouse. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular educational activity if the student, because of disability, needs or is believed to need such services.

31. A pupil is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate didactics. The student's parent no longer wants the pupil to receive those services. If the parent wishes to withdraw the student from a Section 504 program, what can the school district practice to ensure continuation of services?

The school commune may initiate a Department 504 due procedure hearing to resolve the dispute if the district believes the pupil needs the services in order to receive an appropriate education.

32. A pupil has a disability referenced in the Idea, but does non require special instruction services. Is such a educatee eligible for services under Department 504?

The educatee may be eligible for services nether Department 504. The school district must determine whether the pupil has an impairment which substantially limits his or her ability to learn or some other major life activity and, if so, make an individualized conclusion of the child's educational needs for regular or special educational activity or related aids or services. For example, such a educatee may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary damage does not establish a inability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended menstruum of time. The result of whether a temporary impairment is substantial plenty to be a disability must be resolved on a instance-past-instance basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activeness of the affected individual.

In the Amendments Human activity (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and small-scale.  A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

34.  Is an harm that is episodic or in remission a disability under Section 504?

Yes, under certain circumstances.  In the Amendments Human action (come across FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activeness when active.  A student with such an impairment is entitled to a complimentary appropriate public education nether Section 504.

PLACEMENT

Once a student is identified as being eligible for regular or special education and related aids or services, a conclusion must be made regarding the type of services the student needs.

35. If a student is eligible for services under both the Idea and Section 504, must a school district develop both an individualized educational activity plan (IEP) nether the Thought and a Section 504 plan under Section 504?

No. If a educatee is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, i fashion to meet Section 504 requirements for a free advisable public education is to implement an IEP.

36. Must a school district develop a Section 504 programme for a educatee who either "has a record of disability" or is "regarded as disabled"?

No. In public uncomplicated and secondary schools, unless a student really has an damage that substantially limits a major life activeness, the mere fact that a student has a "record of" or is "regarded every bit" disabled is insufficient, in itself, to trigger those Department 504 protections that require the provision of a free advisable public education (FAPE). This is consistent with the Amendments Act (see FAQ one), in which Congress clarified that an individual who meets the definition of inability solely by virtue of being "regarded equally" disabled is non entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures.  The phrases "has a tape of disability" and "is regarded as disabled" are meant to reach the situation in which a pupil either does not currently have or never had a disability, simply is treated past others equally such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the damage is transitory and minor.  A transitory impairment is an harm with an actual or expected duration of 6 months or less.

37. What is the receiving school commune's responsibility under Department 504 toward a student with a Section 504 programme who transfers from another district?

If a student with a disability transfers to a district from another school district with a Department 504 program, the receiving district should review the plan and supporting documentation. If a grouping of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is advisable, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational programme is appropriate for the student.  At that place is no Section 504 bar to the receiving schoolhouse district honoring the previous IEP during the interim period.  Information about Idea requirements when a pupil transfers is available from the Office of Special Educational activity and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

41. What is the difference between a regular education intervention program and a Section 504 plan?

A regular pedagogy intervention plan is appropriate for a educatee who does non have a inability or is not suspected of having a disability only may be facing challenges in school. Schoolhouse districts vary in how they accost performance problems of regular education students. Some districts employ teams at private schools, normally referred to every bit "edifice teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special educational activity teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team unremarkably records its ideas in a written regular education intervention programme. The team meets with an affected student'south classroom teacher(s) and recommends strategies to accost the student's problems within the regular didactics environs. The team then follows the responsible teacher(s) to determine whether the student'due south functioning or beliefs has improved. In addition to building teams, districts may utilize other regular teaching intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.

PROCEDURAL SAFEGUARDS

Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient schoolhouse commune obtain parental consent prior to conducting an initial  evaluation?

Yes. OCR has interpreted Section 504 to crave districts to obtain parental permission for initial evaluations. If a district suspects a pupil needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may apply due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Department 504 is silent on the class of parental consent required. OCR has accustomed written consent as compliance. IDEA as well as many state laws also crave written consent prior to initiating an evaluation.

44. What can a recipient schoolhouse district practise if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Department 504 neither prohibits nor requires a school commune to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nevertheless, school districts should consider that Idea no longer permits schoolhouse districts to initiate a due procedure hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to found and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation past the student'south parents or guardian, representation by counsel and a review procedure.

46. What is a recipient school commune's responsibility under Department 504 to provide data to parents and students virtually its evaluation and placement process?

Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' correct to review educational records and appeal whatsoever determination regarding evaluation and placement through an impartial hearing.

47. Is at that place a mediation requirement nether Section 504?

No.

TERMINOLOGY

The following terms may be disruptive and/or are frequently used incorrectly in the unproblematic and secondary school context.

Equal access : equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Gratuitous advisable public education (FAPE) : a term used in the unproblematic and secondary schoolhouse context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to encounter individual educational needs of students with disabilities equally fairly as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement : a term used in the elementary and secondary school context; refers to regular and/or special educational program in which a pupil receives educational and/or related services

Reasonable accommodation : a term used in the employment context to refer to modifications or adjustments employers make to a job awarding procedure, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a inability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to bookish adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications : under a regulatory provision implementing Championship II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the footing of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity

Related services : a term used in the elementary and secondary school context to refer to developmental, cosmetic, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

Source: https://www2.ed.gov/about/offices/list/ocr/504faq.html

Posted by: hawkscitine.blogspot.com

Share this post