Do 504 Plans Have to Be Reviewed Annually

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

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

This document is a revised version of a document originally developed past the Chicago Office of the Function for Civil Rights (OCR) in the U.Southward. Section of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Human action of 1973, equally amended (Section 504) in the area of public elementary and secondary education.  The primary purpose of these revisions is to comprise information about the Americans with Disabilities Human activity Amendments Act of 2008 (Amendments Human action), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a befitting amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504.  The Amendments Act broadens the estimation of disability.  The Amendments Act does not require ED to amend its Section 504 regulations.  ED's Section 504 regulations every bit currently written are valid and OCR is enforcing them consequent 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 appropriate.  The revisions to this Frequently Asked Questions document do not address the effects, if whatsoever, on Section 504 and Title Ii of the amendments to the regulations implementing the Individuals with Disabilities Education Act (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).

INTRODUCTION

An important responsibility of the Part for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary teaching involving Department 504 of the Rehabilitation Human activity of 1973, equally amended, 29 U.s.a.C. § 794 (Department 504). About of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.

Section 504 is a federal police force designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assist from the U.Due south. Department of Education (ED). Department 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, exist denied the benefits of, or be subjected to discrimination nether any program or activity receiving Federal fiscal assist . . . ."

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

The Section 504 regulations require a school district to provide a "free appropriate public educational activity" (FAPE) to each qualified pupil with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special pedagogy and related aids and services designed to meet the pupil's private educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional data, please contact the Office for Civil Rights.

INTERRELATIONSHIP OF Idea AND Department 504

one. What is the jurisdiction of the Office for Ceremonious Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?

OCR, a component of the U.S. Section of Education, enforces Department 504 of the Rehabilitation Act of 1973, as amended, (Department 504) a ceremonious rights statute which prohibits bigotry against individuals with disabilities. OCR also enforces Title Two of the Americans with Disabilities Human activity of 1990 (Title Two), which extends this prohibition against discrimination to the full range of country and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance.  The Americans with Disabilities Act Amendments Act of 2008 (Amendments Human activity), effective January 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 pregnant of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Department 504. The Title Ii regulations applicable to free appropriate public teaching issues practice non provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Department 504.

Department 504 prohibits discrimination on the footing of disability in programs or activities that receive Federal financial assist from the U.Southward. Department of Education. Title Two prohibits bigotry on the ground of inability by state and local governments. The Office of Special Teaching and Rehabilitative Services (OSERS), also a component of the U.S. Section of Didactics, administers the Individuals with Disabilities Instruction Human action (Thought), a statute which funds special instruction programs.  Each state educational agency is responsible for administering Thought inside the country and distributing the funds for special educational activity programs. Thought is a grant statute and attaches many specific weather condition to the receipt of Federal Idea funds. Section 504 and the ADA are antidiscrimination laws and do non provide any blazon of funding.

2. How does OCR get involved in disability issues within a school commune?

OCR receives complaints from parents, students or advocates, conducts bureau initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

three. Where tin can a schoolhouse district, parent, or pupil get information on Section 504 or find out information about OCR'southward interpretation of Section 504 and Title II?

OCR provides technical assistance to schoolhouse districts, parents, and students upon request.  Additionally, regulations and publicly issued policy guidance is available 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 Department 504?

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

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

Except in extraordinary circumstances, OCR does non review the result of individual placement or other educational decisions so long as the school 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. Accordingly, OCR mostly will not evaluate the content of a Department 504 plan 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 IDEA, 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 handling 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.

6. What protections does OCR provide against retaliation?

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

7. Does OCR mediate complaints?

OCR does not appoint in formal mediation. Yet, OCR may offer to facilitate mediation, referred to as "Early on Complaint Resolution," to resolve a complaint filed under Department 504. This approach brings the parties together and then that they may hash out possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR volition work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached betwixt the parties is not monitored by OCR.

eight. What does noncompliance with Section 504 hateful?

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

9. What sanctions can OCR impose on a school commune that is out of compliance?

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

10. Who has ultimate dominance to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Department 504. Section 504 is a Federal statute that may be enforced through the Section's administrative process or through the Federal courtroom organisation. In improver, a person may at whatever time file a private lawsuit against a schoolhouse district.  The Department 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a individual lawsuit.

STUDENTS PROTECTED Under SECTION 504

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

11. What is a physical or mental impairment that essentially limits a major life activeness?

The determination of whether a student has a physical or mental harm that substantially limits a major life activity must be made on the footing of an individual inquiry. The Section 504 regulatory provision  at 34 C.F.R. 104.3(j)(two)(i) defines a physical or mental harm every bit any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following torso systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; peel; and endocrine; or whatever mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental disease, and specific learning disabilities. The regulatory provision does non set forth an exhaustive list of specific diseases and conditions that may establish physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a listing.

Major life activities, every bit defined in the Department 504 regulations at 34 C.F.R. 104.three(j)(2)(ii), include functions such as caring for i's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.  In the Amendments Act (see FAQ 1), Congress provided boosted examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.  Congress likewise provided a non-exhaustive list of examples of "major actual functions" that are major life activities, such as the functions of the immune system, normal jail cell growth, digestive, bowel, float, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  The Section 504 regulatory provision, though non equally comprehensive every bit the Amendments Act, is all the same valid – the Section 504 regulatory provision's list of examples of major life activities is not sectional, and an activity or function not specifically listed in the Section 504 regulatory provision can however exist a major life activity.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student'southward educational level, i.due east., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified educatee with a disability" is a educatee with a disability who is: of an historic period at which students without disabilities are provided uncomplicated and secondary educational services; of an historic period at which information technology is mandatory under state constabulary to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a gratis appropriate public education nether the Individuals with Disabilities Education Human activity (Thought).

At the postsecondary educational level, a qualified student with a disability is a pupil with a inability who meets the academic and technical standards requisite for admission or participation in the institution'southward educational program or action.

thirteen. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public unproblematic and secondary recipients are required to provide a complimentary appropriate public pedagogy to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to run into the individual educational needs of students with disabilities as fairly as 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 afford an individual with a inability an equal opportunity to participate in a school'southward program. Recipients are not required to brand adjustments or provide aids or services that would result in a fundamental amending of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long equally the student remains eligible. The protections of Department 504 extend only to individuals who run into the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Department 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical damage no longer substantially limits his/her ability to learn or any other major life activity, the pupil is no longer eligible for services under Department 504.

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

Generally, yes. Department 504 excludes from the definition of a educatee with a inability, and from Section 504 protection, any educatee who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such employ. (At that place are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal utilize of drugs).

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

No. Section 504'due south definition of a student with a disability does non exclude users of booze. Nonetheless, Section 504 allows schools to have disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.

EVALUATION

At the unproblematic and secondary school level, determining whether a child is a qualified disabled pupil under Section 504 begins with the evaluation process. Section 504 requires the apply of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled every bit having a inability, or incorrectly placed, based on inappropriate choice, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to demand special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student earlier classifying the pupil as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the educatee's aptitude or achievement or other factor being measured rather than reflect the student'south disability, except where those are the factors being measured. Section 504 besides requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and non but those designed to provide a single intelligence caliber. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is plenty information to document that a educatee has a disability?

At the unproblematic and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable well-nigh the pupil, the meaning of the evaluation data, and the placement options. The committee members must make up one's mind if they have enough information to make a knowledgeable decision as to whether or not the student has a inability. 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 error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student'due south learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, concrete condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons nowadays when an evaluation or placement conclusion is made is satisfactory under Department 504.

19. What process should a school commune use to identify students eligible for services under Section 504? Is it the same process equally that employed in identifying students eligible for services under the IDEA?

School districts may employ the aforementioned 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 separate 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.

20. May school districts consider "mitigating measures" used by a student in determining whether the pupil has a disability nether Section 504?

No.  As of January one, 2009, schoolhouse districts, in determining whether a pupil has a physical or mental impairment that essentially limits that educatee in a major life activity, must non consider the ameliorating effects of whatever mitigating measures that pupil is using.  This is a change from prior police force.  Before Jan 1, 2009, school districts had to consider a educatee's utilise of mitigating measures in determining whether that student had a physical or mental impairment that essentially express that student in a major life activity.  In the Amendments Act (see FAQ ane), all the same, Congress specified that the ameliorative furnishings of mitigating measures must not exist considered in determining if a person is an individual with a disability.

Congress did not define the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures."  The mitigating measures are as follows: medication; medical supplies, equipment or appliances; depression-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 science; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created 1 exception to the mitigating measures analysis.  The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment essentially limits a major life action.  "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual vigil or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, heighten, or otherwise augment a visual epitome.

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

No. The determination of substantial limitation must be made on a case-past-case footing with respect to each individual student. The Section 504 regulatory provision  at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons depict upon information from a multifariousness of sources in making this decision.

22. Are at that place any impairments which automatically mean that a student has a inability under Section 504?

No. An harm in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

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

No. A doctor's medical diagnosis may be considered amidst other sources in evaluating a student with an damage or believed to accept an impairment which substantially limits a major life action. Other sources to be considered, along with the medical diagnosis, include aptitude and accomplishment tests, teacher recommendations, concrete condition, social and cultural background, and adaptive behavior.  As noted in FAQ 22, the Section 504 regulations require school districts to depict upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an disease automatically mean a student can receive services nether Section 504?

No. A medical diagnosis of an disease does non automatically mean a pupil can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to larn or another major life activity. For instance, a pupil who has a physical or mental impairment would non exist considered a educatee in need of services under Section 504 if the harm does not in any way limit the student'southward ability to learn or other major life activeness, or only results in some minor limitation in that regard.

25. How should a recipient school commune handle an outside independent evaluation? Do 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 ane of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation procedure so that the possibility of error is minimized. All significant factors related to the subject student'south learning procedure must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, concrete condition, social and cultural groundwork, and adaptive beliefs, among others. Information from all sources must be documented and considered past knowledgeable commission members. The weight of the information is determined by the committee given the student's individual circumstances.

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

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

27. Who in the evaluation process makes the ultimate decision regarding a pupil's eligibility for services nether Department 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special didactics and/or related aids and services be made by a group of persons, including persons knowledgeable near the significant of the evaluation data and knowledgeable well-nigh the placement options. If a parent disagrees with the conclusion, he or she may request a due process hearing.

28. One time a student is identified as eligible for services nether Section 504, is there 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 same Section 504 plan in identify indefinitely later a pupil has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the Idea regulations, which require re-evaluation at three-year intervals (unless the parent and public agency concur that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, but not more than than once a year (unless the parent and public bureau agree otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How frequently should it exist done?

Yes. Department 504 specifies that re-evaluations in accordance with the IDEA is ane means of compliance with Department 504. The Department 504 regulations crave that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational programme of more than 10 schoolhouse days a significant alter of placement. OCR would also consider transferring a student from ane type of plan to another or terminating or significantly reducing a related service a significant modify in placement.

thirty. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may ever use regular pedagogy intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a educatee for an evaluation for possible special education or related aids and services or modification to regular didactics if the student, because of disability, needs or is believed to demand such services.

31. A educatee is receiving services that the schoolhouse district maintains are necessary nether Department 504 in social club to provide the student with an appropriate pedagogy. The student'south parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services?

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

32. A pupil has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The pupil may exist eligible for services under Section 504. The school commune must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if and then, brand an individualized decision of the child's educational needs for regular or special teaching or related aids or services. For example, such a pupil may receive adjustments in the regular classroom.

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

A temporary impairment does non found a disability 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 issue of whether a temporary impairment is substantial enough to exist a disability must be resolved on a case-past-case ground, taking into consideration both the duration (or expected duration) of the impairment and the extent to which information technology actually limits a major life activity of the affected private.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an private with a disability if the impairment is transitory and minor.  A transitory impairment is an impairment with an actual or expected elapsing of 6 months or less.

34.  Is an damage that is episodic or in remission a disability nether Section 504?

Yes, under sure circumstances.  In the Amendments Act (come across FAQ one), Congress antiseptic that an impairment that is episodic or in remission is a disability if it would substantially limit a major life action when active.  A educatee with such an impairment is entitled to a gratis appropriate public education under Section 504.

PLACEMENT

Once a student is identified as being eligible for regular or special education and related aids or services, a decision 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 teaching programme (IEP) nether the Idea and a Section 504 plan under Department 504?

No. If a student is eligible nether IDEA, he or she must have an IEP. Under the Section 504 regulations, one mode to run into Section 504 requirements for a free advisable public education is to implement an IEP.

36. Must a school district develop a Department 504 programme for a pupil who either "has a record of disability" or is "regarded every bit disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activeness, the mere fact that a student has a "record of" or is "regarded equally" disabled is bereft, in itself, to trigger those Section 504 protections that crave the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (come across FAQ 1), in which Congress antiseptic that an individual who meets the definition of disability solely by virtue of beingness "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures.  The phrases "has a record of inability" and "is regarded as disabled" are meant to attain the situation in which a student either does not currently have or never had a disability, just is treated past others as such.

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

37. What is the receiving school district's responsibleness nether Department 504 toward a educatee with a Section 504 program who transfers from some other district?

If a student with a inability transfers to a district from another schoolhouse district with a Section 504 programme, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving schoolhouse commune, including persons knowledgeable near the meaning of the evaluation data and knowledgeable well-nigh the placement options determines that the plan is appropriate, the commune is required to implement the plan. If the district determines that the program is inappropriate, the district is to evaluate the student consequent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student.  There is no Section 504 bar to the receiving school district honoring the previous IEP during the acting catamenia.  Information about IDEA requirements when a student transfers is bachelor from the Office of Special Didactics and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular pedagogy 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' handling of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school commune to be in noncompliance with Section 504.

41. What is the difference between a regular educational activity intervention plan and a Section 504 plan?

A regular educational activity intervention programme is advisable for a student who does not take a inability or is non suspected of having a disability merely may be facing challenges in schoolhouse. Schoolhouse districts vary in how they accost performance issues of regular education students. Some districts utilise teams at individual schools, unremarkably referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of help. These teams are typically equanimous of regular and special instruction 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 plan. The team meets with an affected educatee's classroom teacher(due south) and recommends strategies to accost the pupil'south problems within the regular education surroundings. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may use other regular education intervention methods, including before-school and later on-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 inability, demand or are believed to need special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial  evaluation?

Aye. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a educatee needs or is believed to demand special pedagogy or related services and parental consent is withheld, the Thought and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If and so, in what class is consent required?

Department 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. Thought equally well as many state laws likewise require written consent prior to initiating an evaluation.

44. What can a recipient school district exercise if a parent withholds consent for a educatee to secure services under Department 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a schoolhouse district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special pedagogy and related services. Nonetheless, school districts should consider that IDEA no longer permits school 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 nether Department 504?

Recipient schoolhouse districts are required to establish and implement procedural safeguards that include detect, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.

46. What is a recipient school commune's responsibility under Section 504 to provide information to parents and students about 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 whatever decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.

TERMINOLOGY

The following terms may be confusing and/or are oftentimes used incorrectly in the elementary and secondary school context.

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

Complimentary advisable public education (FAPE) : a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special pedagogy and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately equally 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 plan 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 brand to a job application process, the work environment, the manner or circumstances nether which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability 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 brand reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid bigotry on the basis 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, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

womackpoess1955.blogspot.com

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

Share this post