Section 504 Plan

SECTION 504 OF THE REHABILITATION ACT OF 1973

Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education covers qualified students with disabilities who attend schools receiving Federal financial assistance to receive Accommodations and/or Services to ensure success as they are being treated by a medial doctor. Without these accommodations, such students would not function in a school environment, as their disability would limit a major bodily function and prevent them from doing so.

DEFINITIONS

Individual with Disabilities

Any individual who:

(i) has a physical or mental impairment which substantially limits one or

more of such persons major life activities,

(ii) has a record of such impairment, or

(iii) is regarded as having such an impairment.”

(29 U.S.C. Sec.706(8))

Physical or Mental Impairment

(A) 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; genital-urinary; heroic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.”

(34 Code of Federal Regulations Part 104.3)

Major Life Activities

“... functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”

(34 Code of Federal Regulations Part 104.3)

Has a Record of Such an Impairment

“... has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.”

(34 Code of Federal Regulations Part 104.3)

Is Regarded as

(A) has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as an impairment constituting such a limitation;

(B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(C) has none of the impairments defined but is treated by a recipient as having such an impairment.

(34 Code of Federal Regulations Part 104.3)

The following information outlines Culver Community School Corporation’s process for determining Section 504 eligibility and services.

Step 1: General Education Interventions

When a student experiences educational difficulties, it is most appropriate to first try and address those concerns in his/her classroom. If those efforts are not successful, the teacher can seek the assistance of the school’s Student Teacher Assistance Team (S.T.A.T.) to suggest intervention strategies. During the S.T.A.T. process, if the student is identified as having or is suspected of having a disability, a referral for evaluation under Section 504 should be made.

Step 2: Referral

Section 504 referrals are accepted from parents, teachers, school 504 facilitator/ coordinators and/or the school’s Student Teacher Assistance Team. The presenting problem(s) and previous interventions are considered and reviewed as part of a Record Review packet. The Record Review should include all current known information, including any medical or psychological diagnoses which evidence a disability. Some reasons a student might be referred for Section 504 consideration include but are not limited to: a student returns to school after a serious illness or injury; a student is referred for special education evaluation and either does not qualify under IDEA or it was determined not to do an evaluation under IDEA; a student exhibits a chronic health condition; a disability of any kind is suspected; a student shows a continued pattern of not benefiting from cross- curricular instruction.

Step 3: Notification

The school 504 facilitator/coordinator notifies the parents or guardians, in writing, of the school’s reason and intent to conduct an evaluation. The notice includes parents’ rights during the 504 process.

Step 4: Written Consent

Written consent from the parent or guardian is obtained prior to the initial evaluation.

Step 5: Evaluation

The school may evaluate a student suspected of having a disability before making determinations for eligibility and consideration of appropriate accommodations. To be eligible for a 504 plan, the student must have both a disability and a substantial limit on a major life skill caused by that disability. In conducting an evaluation, CCSC may use tests or other evaluation materials which have been validated for the specific purposes which are used and administered by trained personnel in conformance with the instructions provided by their producer. The team will evaluate data that consists of assessment data, information from a variety of sources, including aptitude and achievement tests, teacher recommendations, school records, physical condition, social or cultural background, and adaptive behavior.

Step 6: Eligibility

The Section 504 team meets and analyzes the evaluation data to determine if the student has a mental or physical impairment that substantially limits one or more major life activities as compared to the average student of approximately the same age and impacts the student’s education.

A person with a disability is anyone who:

1. has a physical or mental impairment that substantially limits one or more major life activities ("actual disability") when mitigating measures or reasonable accommodations are not in place;
   

2. has a record of having a physical or mental impairment that substantially limits one or more major life activities; or
   

3. is regarded as having a physical or mental impairment that substantially limits one or more major life activities (i.e., has a physical or mental impairment that does not substantially limit major life activities but is treated by the Board as constituting such a limitation, or has a physical or mental impairment that substantially limits major life activities only as a result of the attitude of others toward such impairment, or has none of the physical or mental impairments recognized by Section 504 but is treated as having such an impairment).

Major life activities include but are not limited to functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, sitting, reaching, interacting with others, and working.

Major life activities also include the operation of a major bodily function, including but not limited to functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, lymphatic, musculoskeletal and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

When considering eligibility under Section 504, it is important to note the following:

1. A 504 Plan is not designed to fundamentally alter the program, standards, or what students are expected to know and be able to do.

2. A 504 Plan is meant to give all students equal access to their program; it is not designed to equalize outcomes or provide an advantage.

3. Section 504 is an anti-discrimination law…not a service law like IDEA.

4. The concept of a 504 Plan is not to help students to do better in school. That is the responsibility of the teacher and parent.

5. Though the definition of Section 504 is broad, the school district must still determine if impairment substantially limits one or major life activities.

6. Simply having a disability does not mean a student is 504 eligible. The school district must consider all the data and identify the substantial limitation that has an impact at school.

7. When a school qualifies a student for Section 504, it means he or she has rights.

8. A child’s physician cannot make the student automatically eligible. Physicians make diagnoses, but the school district decides 504 eligibility.

9. Section 504 was created to level the playing field. If services are provided to students who are not eligible the playing field is no longer level.

Step 7: Services

If the student is found eligible, the Section 504 team develops an accommodation plan to be implemented in the general education environment. Specific accommodations are listed that the student needs to have an opportunity commensurate with non-disabled students of approximately the same age in the district. Parents/guardians should be consulted and given opportunity for input regarding the accommodations.

Step 8: Review

Each student’s accommodations and/or services are reviewed periodically; annual review is recommended but may be waived if the 504 team and parent/guardian agree that there have been no changes to the student’s disability or the substantial impact of that disability. During the review, the Section 504 facilitator/coordinator at the school may require additional documentation, evaluation or other information to continue, revise or terminate the 504 plan.

Step 9: Transition

All teachers receive a copy of the student’s 504 plan within the first 10 school days. Once the student has settled into the new learning environment, changes may need to be made prior to the formal annual review date. If modifications to the 504 plan are necessary, parents will be contacted and invited to a meeting with the new teacher(s) to discuss appropriate accommodations. No changes are made to a 504 plan without parent or guardian participation.

Prior to the student transitioning from the 5th to 6th or 8th to 9th grades, the 504 Coordinators from the sending and receiving schools discuss the student’s accommodations. If the accommodations are suitable for the learning environment at the new school, no changes are made to the plan (however, the 504 plan will still be reviewed by the new school at the annual review date). If the accommodations need to be modified for the new school, the 504 Coordinator will contact the parent to arrange a meeting.

• CCSC Section 504 FAQ

• CCSC 504 Plan Definitions

• CCSC 504 Plan Child Find Notice

• CCSC 504 Parent Rights

• CCSC 504 Board Policy

• IUSB Department of Student Services Information

• Marion University/Ancilla College Student Support Services Link

• Disability Advisory and Support Service and University of Manchester Assessment Center

• Bethel University Office of Accessibility Resources and Services

• Notre Dame Division of Student Affairs