504 Student Accommodations

Section 504 defines disability as a physical or mental impairment which substantially limits one or more major life activities. This definition of disability should be interpreted broadly.

Major life activities are activities that are important to most people’s daily lives.

Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, bending, reading, concentrating, thinking, and communicating are some examples of major life activities. Major life activities also include major bodily functions, such as functions of the digestive, bowel, bladder, brain, circulatory, reproductive, neurological, or respiratory systems.

Substantially limits should also be interpreted broadly.

A student’s impairment does not need to prevent, or severely or significantly restrict, a major life activity to be substantially limiting.

Evaluate Disability without Mitigating Measures

Mitigating measures cannot be considered when evaluating whether or not a student has a substantially limiting impairment.

Mitigating measures could include medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications a student uses to eliminate or reduce the effects of an impairment.

An impairment that is episodic or in remission remains a disability if, when in an active phase, this impairment substantially limits a major life activity.

• Receive a free and appropriate public education.
• Participate in and benefit from the district's educational programs without discrimination.
• Be provided an equal opportunity to participate in the district's nonacademic and extracurricular activities.
• Be educated with students who do not have disabilities to the maximum extent appropriate.
• Be educated in facilities and receive services that are comparable to those provided to students without disabilities.
• Receive accommodations and/or related aids and services to allow your child an equal opportunity to participate in school activities.
• Receive educational and related aids and services without cost, except for those fees imposed on the parents of children without disabilities.

Before a school disciplines a student with a disability, especially if it involves a suspension or expulsion, the school must determine if there is a need for a special meeting called a Manifestation Determination (MD).

In this meeting, the 504 team decides whether or not there is a relationship between the student’s disability or 504 plan, and the student’s behavior that led to the disciplinary action.

The 504 team must hold a manifestation determination meeting before a student with a disability is suspended or expelled for:

• More than ten consecutive school days, OR
• More than a total of ten school days during a school year, which could indicate a pattern of removal.

Required Questions 504 Team Must Answer at the Meeting

1. Was this behavior caused by, or did it have a direct and substantial relationship to, the student’s disability?
2. Was this behavior the direct result of the school’s failure to follow the student’s Section 504 plan?

If the answer is yes to either question, the behavior is a manifestation of the student’s disability and the student can remain in school. The 504 team should review the student’s 504 plan and modify if necessary.

If the answer is no to both questions, the school can discipline the student in the same way it would discipline a student who does not have a disability.

Anyone, including a parent or guardian, can refer a student for evaluation.*

A Section 504 referral should be in writing and ask that the school evaluate whether or not a student has a disability and needs accommodations, aids, and services.

Schools have a special responsibility to make a Section 504 referral for every student they know or suspect has a disability and may need accommodations, aids, or services.

*Parents Have Rights Under Section 504: The school must give parents a copy of their rights, called Procedural Safeguards, before anyone takes the first step toward evaluating a student or developing a 504 plan.

The individual needs of the student determine who joins the 504 team. There are three core members of any 504 team:

• Someone who knows the student—for example, a parent, teacher, physician, nurse, or counselor. While parents are not required to join the 504 team, the participation of a parent can be incredibly valuable.
• Someone who can analyze and interpret the evaluation data.
• Someone who is knowledgeable about placement options at the school.

The 504 team will determine if a student is eligible and will decide what accommodations, aids, or services should be in place to reduce or eliminate the impact of the student’s disability on his or her education.

First, the 504 team gathers and analyzes data about the student’s condition.

Evaluation data should come from a variety of sources, which include:

• Grades
• Test scores
• Attendance
• Health room visits
• Parent and student input
• Teacher observations
• Medical or psychological evaluations
• Special education data
• Medical information

The 504 team should collect data that answers these two questions:

1. Does the student have a physical or mental impairment which substantially limits one or more major life activity?
2. If so, what accommodations, aids, and services—if any—does the student need to access and benefit from their education?

If the evaluation indicates that the student has a physical or mental impairment which substantially limits one or more major life activity, the team determines whether or not the student needs a 504 plan.

If the evaluation indicates that the student has a physical or mental impairment which substantially limits one or more major life activity, the team determines whether or not the student needs a 504 plan.

The plan describes the accommodations, aids, and services the school must provide to make sure the student can experience a free and appropriate public education, as the law requires. The school must have consent from a parent or guardian before staff take action on the 504 plan. Schools must give parents a copy of their Section 504 Procedural Safeguards at this point.

With the 504 plan in place, all relevant school staff members follow the plan to accommodate the student. It is the school’s responsibility—not the student’s or parent’s—to make sure teachers are aware of the services, aids, or accommodations in the plan.

Teachers should consult the 504 case manager if they need help or clarification on what to do for the student.

Every year, the case manager should review the 504 plan to make sure it continues to address the student’s needs. However, a parent or teacher could ask for a review at any time if they think the plan is not meeting the student’s needs.

Periodically, the 504 team must re-evaluate the student’s eligibility for Section 504 and the accommodations, aids, or services in the 504 plan.

This re-evaluation should take place at least once every three years, but can happen more frequently; it depends on the student’s needs.